Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 54111 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

adoption and documentation 

requirement is 8,400 hours. 

All funds are required to conduct an 

annual review of the adequacy of their 

existing policies and procedures and the 

policies and procedures of each 

investment adviser, principal 

underwriter, administrator, and transfer 

agent of the fund, and the effectiveness 

of their implementation. In addition, 

each fund chief compliance officer is 

required to prepare an annual report 

that addresses the operation of the 

policies and procedures of the fund and 

the policies and procedures of each 

investment adviser, principal 

underwriter, administrator, and transfer 

agent of the fund, any material changes 

made to those policies and procedures 

since the date of the last report, any 

material changes to the policies and 

procedures recommended as a result of 

the annual review, and certain 

compliance matters that occurred since 

the date of the last report. The staff 

estimates that each fund spends 42 

hours per year, on average, conducting 

the annual review and preparing the 

annual report to the board of directors. 

Thus, we estimate that the annual 

aggregate burden hours associated with 

the annual review and annual report 

requirement is 194,796 hours. 

Finally, the staff estimates that each 

fund spends 11 hours annually, on 

average, maintaining the records 

required by proposed Rule 38a–1. Thus, 

the annual aggregate burden hours 

associated with the recordkeeping 

requirement is 51,018 hours. 

In total, the staff estimates that the 

aggregate annual information collection 

burden of Rule 38a–1 is 254,214 hours. 

The estimate of burden hours is made 

solely for the purposes of the Paperwork 

Reduction Act. The estimate is not 

derived from a comprehensive or even 

a representative survey or study of the 

costs of Commission rules. Complying 

with this collection of information 

requirement is mandatory. Responses 

will not be kept confidential. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid control 

number. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

c/o Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: October 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25208 Filed 10–20–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Rule 17f–2(a); OMB Control No. 3235–0034; 

SEC File No. 270–34] 

Submission for OMB Review; 

Comment Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the existing 

collection of information provided for in 

Rule 17f–2(a) (17 CFR 240.17f–2(a)) 

under the Securities Exchange Act of 

1934 (15 U.S.C. 78a et seq.) (‘‘Exchange 

Act’’). 

Rule 17f–2 (17 CFR 240.17f–2) under 

the Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) requires that 

securities professionals be fingerprinted. 

This requirement serves to identify 

security risk personnel, to allow an 

employer to make fully informed 

employment decisions, and to deter 

possible wrongdoers from seeking 

employment in the securities industry. 

Partners, directors, officers, and 

employees of exchanges, broker, dealers, 

transfer agents, and clearing agencies 

are included. Fingerprint cards 

submitted under Rule 17f–2(a) must be 

retained for a period of not less than 

three years after termination of the 

person’s employment relationship with 

the organization. Fingerprint cards 

submitted according to Rule 17f–2(a) 

will not be kept confidential. It is 

estimated that approximately 10,000 

respondents will submit fingerprint 

cards. It is also estimated that each 

respondent will submit 55 fingerprint 

cards. The staff estimates that the 

average number of hours necessary to 

comply with the Rule 17f–2(a) is onehalf hour. The total burden is 275,000 

hours for respondents. The average cost 

per hour is approximately $50. 

Therefore, the total cost of compliance 

for respondents is $13,750,000. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Comments should be directed to: 

(i) Desk Officer for the Securities and 

Exchange Commission, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Room 10102, New Executive Office 

Building, Washington, DC 20503 or by 

sending an e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and 

(ii) Charles Boucher, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, Virginia 22312 or send an 

e-mail to: PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

Dated: October 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25207 Filed 10–20–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60817; File No. SR–ISE– 

2009–76] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change To Adopt a Fee for ISE Market 

Maker Orders Sent to the Exchange by 

Electronic Access Members 

October 13, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on October 

1, 2009, International Securities 

Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II and III below, which Items 

have been prepared by the Exchange. 

The Commission is publishing this 

notice to solicit comments on the 

proposed rule change from interested 

persons. 


jlentini on DSKJ8SOYB1PROD with NOTICES
54112 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 

3 15 U.S.C. 78s(b)(3)(A) [sic]. 

4 17 CFR 19b–4(f)(2). 

5 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The ISE proposes to adopt a fee for 

ISE market maker orders sent to the 

Exchange by Electronic Access Members 

(‘‘EAMs’’). The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.ise.com), at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to adopt a fee for ISE market 

maker orders sent to the Exchange by 

EAMs. Specifically, the Exchange 

proposes to adopt a fee of $0.20 per 

contract for such orders. Market maker 

orders sent to the Exchange by EAMs 

are currently charged per the Exchange’s 

market maker sliding scale. Market 

maker orders sent by EAMs, however, 

are essentially broker-dealer orders and 

thus should be billed at the rate the 

Exchange currently charges for brokerdealer orders. The Exchange treats 

broker-dealer orders as Firm Proprietary 

orders for the purpose of the Exchange’s 

fee schedule and charges a fee of $0.20 

per contract. ISE proposes to implement 

this fee change on October 1, 2009. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Exchange 

Act’’) for this proposed rule change is 

the requirement under Section 6(b)(4) 

that an exchange have an equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. In 

particular, the proposed fee change will 

align fees charged by the Exchange for 

market maker orders sent by EAMs with 

the fees charged by the Exchange for 

broker-dealer orders. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 19(b)(3) of 

the Act 3 and Rule 19b–4(f)(2) 4

thereunder. At any time within 60 days 

of the filing of such proposed rule 

change, the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–ISE–2009–76 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–ISE–2009–76. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro/shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, on official business days between 

the hours of 10 a.m. and 3 p.m. Copies 

of such filing will also be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File No. SR–ISE–2009– 

76 and should be submitted on or before 

November 12, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25201 Filed 10–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60823; File No. SR– 

NYSEAmex–2009–59] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Order Granting Approval of 

Proposed Rule Change Amending 

NYSE Amex Options Rule 915 

October 14, 2009. 

On August 19, 2009, NYSE Amex, Inc. 

(‘‘NYSE Amex’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) a 

proposed rule change pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 2 thereunder to amend the 

definition of Futures Reference Asset in 

Commentary .11(5) to NYSE Amex Rule 

915 to permit options on Futures-Linked 

Securities to be based on products 


jlentini on DSKJ8SOYB1PROD with NOTICES