54114 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 

7See supra note 5. 

8 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

9 15 U.S.C. 78f. 

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(2). 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 60621 

(September 3, 2009), 74 FR 46818. 

4 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. 15 U.S.C. 78c(f). 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7For purposes of NYSE Arca Rule 5.3(j), 

Reference Assets collectively refers to Equity 

Reference Assets, Commodity Reference Assets, 

Currency Reference Assets, Fixed Income Reference 

Assets, Futures Reference Assets, and Multifactor 

Reference Assets. 

8 Despite the fact that Index-Linked Securities are 

linked to an underlying index, each trade as a 

single, exchange-listed security. Accordingly, rules 

pertaining to the listing and trading of standard 

equity options apply to options on Index-Linked 

Securities. 

9See Securities Exchange Act Release No. 58968 

(November 17, 2008), 73 FR 71082 (November 24, 

2008) (SR–NYSEArca–2008–111); see also 

Securities Exchange Act Release No. 60535 

(August 19, 2009), 74 FR 46826 (August 26, 2009) 

(NYSEAmex–2009–55). 

10 15 U.S.C. 78s(b)(2). 

The Exchange proposes to apply these 

provisions retroactively to the date on 

which proposals set forth in Release No. 

34–58324 were approved by the 

Commission.7

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange 8 and, in particular, the 

requirements of Section 6 of the Act 9

and the rules and regulations 

thereunder. The Commission finds 

specifically that the proposed rule 

change is consistent with Section 6(b)(5) 

of the Act,10 in particular, in that it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest because it clarifies the 

provisions of the former BSE 

Constitution that will continue to apply 

to Participants. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,11 that the 

proposed rule change (SR–BX–2009– 

048) be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25202 Filed 10–20–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60822; File No. SR– 

NYSEArca–2009–77] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Granting Approval of 

Proposed Rule Change Amending 

NYSE Arca Options Rule 5.3(j) 

October 14, 2009. 

On August 19, 2009, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ 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 

NYSE Arca Rule 5.3(j)(1)(E) to permit 

options on Futures-Linked Securities to 

be based on products linked to CBOE 

Volatility Index Futures (‘‘VIX 

Futures’’). The proposed rule change 

was published for comment in the 

Federal Register on September 11, 2009 

for a 21-day comment period.3 The 

Commission received no comment 

letters regarding the proposal. This 

order approves the proposed rule 

change. 

NYSE Arca Rule 5.3(j) designates the 

listing and trading of options on Equity 

Index-Linked Securities, CommodityLinked Securities, Currency-Linked 

Securities, Fixed Income Index-Linked 

Securities, Futures-Linked Securities, 

and Multifactor Index-Linked securities, 

collectively known as Index-Linked 

Securities (as defined in NYSE Arca 

Equities Rule 5.2(j)(6)) that are 

principally traded on a national 

securities exchange and an ‘‘NMS 

Stock’’ (as defined in Rule 600 of 

Regulation NMS under the Act). 

Futures-Linked Securities pay at 

maturity an amount of cash based on the 

performance of a ‘‘Futures Reference 

Asset,’’ currently defined as an index of 

futures on Treasury Securities, GSE 

Securities, supranational debt and debt 

of a foreign country or a subdivision 

thereof, or interest rate futures, or 

options or derivatives on any of the 

foregoing. The Exchange proposes to 

include VIX Futures in this definition. 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange 4 and, in 

particular, the requirements of Section 6 

of the Act.5 Specifically, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act,6 which requires, 

among other things, that the rules of a 

national securities exchange be 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

Currently, the Exchange will consider 

listing and trading options on IndexLinked Securities, including options on 

Futures-Linked Securities, provided the 

Index-Linked Securities meet the 

criteria for underlying securities set 

forth in NYSE Arca Rule 5.3(a)–(b). 

Underlying Index-Linked Securities 

must meet the criteria and guidelines for 

underlying securities set forth in Rule 

5.3(a); or the Index-Linked Securities 

must be redeemable at the option of the 

holder at least on a weekly basis 

through the issuer at a price related to 

the applicable underlying Reference 

Asset.7 After the addition of VIX 

Futures to the definition of a Futures 

Reference Asset in NYSE Arca Rule 

5.3(j)(1)(E), options on Index-Linked 

Securities, including options on Futures 

Linked Securities, would continue to be 

subject to all Exchange rules governing 

the trading of equity options 8 and the 

current continuing or maintenance 

listing standards applicable to the 

trading of options on Index-Linked 

Securities on NYSE Arca. The 

Commission also notes that it has 

previously approved an amendment to 

NYSE Arca Equities Rule 5.2(j)(6)(v) to 

add the VIX Futures to the definition of 

‘‘Futures Reference Asset’’ for the listing 

and trading of Futures-Linked 

Securities.9

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,10 that the 

proposed rule change (SR–NYSEArca– 

2009–77) is hereby approved. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 54115 

11 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25203 Filed 10–20–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6710] 

Notice of Meeting of the Cultural 

Property Advisory Committee 

There will be a meeting of the 

Cultural Property Advisory Committee 

on Thursday, November 12, 2009, from 

approximately 9 a.m. to 5 p.m., and on 

Friday, November 13, from 

approximately 9 a.m. to 5 p.m. at the 

Department of State, Annex 5, 2200 C 

Street, NW., Washington, DC. During its 

meeting on November 12 the Committee 

will review a proposal to extend the 

Memorandum of Understanding 

Between the Government of the United 

States of America and the Government 

of the Republic of El Salvador 

Concerning the Imposition of Import 

Restrictions on Certain Categories of 

Archaeological Material from the PreHispanic Cultures of the Republic of El 

Salvador (‘‘MOU’’). The Government of 

the Republic of El Salvador has notified 

the Government of the United States of 

America of its interest in extending the 

MOU. 

The Committee’s responsibilities are 

carried out in accordance with 

provisions of the Convention on 

Cultural Property Implementation Act 

(19 U.S.C. 2601, et seq.). The text of the 

Act and subject MOU, as well as related 

information, may be found at http:// 

exchanges.state.gov/culprop. Portions of 

the meeting on November 12 will be 

closed pursuant to 5 U.S.C. 

552b(c)(9)(B) and 19 U.S.C. 2605(h), the 

latter of which stipulates that ‘‘The 

provisions of the Federal Advisory 

Committee Act shall apply to the 

Cultural Property Advisory Committee 

except that the requirements of 

subsections (a) and (b) of section 10 and 

11 of such Act (relating to open 

meetings, public notice, public 

participation, and public availability of 

documents) shall not apply to the 

Committee, whenever and to the extent 

it is determined by the President or his 

designee that the disclosure of matters 

involved in the Committee’s 

proceedings would compromise the 

Government’s negotiation objectives or 

bargaining positions on the negotiations 

of any agreement authorized by this 

title.’’ On November 12, the Committee 

will have an open session from 

approximately 10:30 a.m. to 12 noon, to 

receive oral public comment on the 

proposal to extend the MOU with El 

Salvador. 

On November 13, the Committee will 

continue its interim review of the MOU 

with Italy and will have an open session 

from approximately 9:30 a.m. to 12 

noon to receive oral public comment. 

An open session is not a statutory 

requirement, nor is the invitation for 

public oral or written comment. These 

steps are taken at the initiative of the 

Department of State. Persons wishing to 

attend either of these open sessions 

should notify the Cultural Heritage 

Center of the Department of State at 

(202) 632–6301 no later than November 

4, 2009, 5 p.m. (EST) to arrange for 

admission. Seating is extremely limited. 

Requests for reasonable accommodation 

should also be made at that time; last 

minute requests will be difficult to 

fulfill. 

Anyone wishing to make an oral 

presentation at either public session 

must request to be scheduled and must 

submit a written text of the oral 

comments by November 2, 2009, to 

allow time for distribution to Committee 

members prior to the meeting. Oral 

comments will be limited to allow time 

for questions from members of the 

Committee, and with respect to the 

proposed extension of the El Salvador 

MOU must specifically relate to the 

determinations under Section 303(a)(1) 

of the Convention on Cultural Property 

Implementation Act, 19 U.S.C. 2602, 

pursuant to which the Committee must 

make findings. This statute can be found 

at the Web site noted above. 

With respect to comments on the 

interim review of the Memorandum of 

Understanding Between the 

Government of the United States of 

America and the Government of the 

Republic of Italy Concerning the 

Imposition of Import Restrictions on 

Archaeological Material Representing 

the Pre-Classical, Classical and Imperial 

Roman Periods of Italy, concluded on 

January 19, 2001, and extended in 2006, 

oral comments must be limited to 

Article II of this MOU. 

The Committee also invites written 

comments and asks that they be 

submitted no later than November 2, 

2009, to allow time for distribution to 

Committee members prior to the 

meeting. 

All written materials, including the 

written texts of oral statements, may be 

faxed to (202) 632–6300. If more than 

three (3) pages, 20 duplicates of written 

materials must be sent by express mail 

to: Cultural Heritage Center, SA–5, Fifth 

Floor, Department of State, Washington, 

DC 20522–0505. 

Dated: October 8, 2009. 

Maura M. Pally, 

Deputy Assistant Secretary, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–25324 Filed 10–20–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending October 3, 2009 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2009– 

0232. 

Date Filed: September 28, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

TC31 North & Central Pacific TC3 

(except Japan)—North America, 

Caribbean (except between Korea 

(Rep. of), Malaysia and USA). 

Expedited Resolution 002bi (Memo 

0496). 

Intended Effective Date: November 1, 

2009. 

Docket Number: DOT–OST–2009– 

0233. 

Date Filed: September 28, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

Meeting date/time: CSC Mail Vote 

(S065) dated 21 August 2009. 

Agreement/Minutes: CSC Mil Vote 

(S065). 

Resolution 601. 

Intended Effective Date: December 1, 

2009. 

Docket Number: DOT–OST–2009– 

0234. 

Date Filed: September 29, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

TC123 South Atlantic. 

Expedited Resolution 002bh (Memo 

0454). 

Intended Effective Date: November 1, 

2009. 

Docket Number: DOT–OST–2009– 

0235. 


jlentini on DSKJ8SOYB1PROD with NOTICES