26454 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 

5The Exchange has determined that its 

application of the proposed modification of the 

calculation of average daily volume as it applies to 

the entire current calendar month could only 

benefit ETP Holders by serving to increase the 

amount of their AutoEx Displayed Order Liquidity 

Adding Tape A/C Rebate for such month. In 

addition, the Exchange has determined that such 

application will not adversely impact the general 

operating revenues of the Exchange. 

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

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A)(ii). 

9 17 CFR 240.19b–4 [sic]. 

10 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

AutoEx for the purpose of increasing the 

revenue of the Exchange and adequately 

funding its regulatory and general 

business functions. The proposed 

modifications are reasonable and 

equitably allocated to those ETP Holders 

that opt to provide Tape A and C 

Displayed Orders in AutoEx, and are not 

discriminatory because ETP Holders are 

free to elect whether or not to send such 

orders. Based upon the information 

above, the Exchange believes that the 

proposed rule change is consistent with 

the protection of investors and the 

public interest. 

Operative Date and Notice 

The Exchange intends to utilize the 

proposed calculation effective upon 

filing of this proposed rule as it 

performs the calculations to determine 

the May, 2009 AutoEx Displayed Order 

Liquidity Adding Tape A/C Rebates.5

Pursuant to Exchange Rule 16.1(c), the 

Exchange will ‘‘provide ETP Holders 

with notice of all relevant dues, fees, 

assessments and charges of the 

Exchange’’ through the issuance of a 

Regulatory Circular of the changes to the 

Fee Schedule and will post a copy of the 

rule filing on the Exchange’s Web site 

(http://www.nsx.com). 

Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6(b) of the 

Act,6 in general, and Section 6(b)(4) of 

the Act,7 in particular, in that it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using the facilities of the 

Exchange. Moreover, the proposed fee 

and rebate structure is not 

discriminatory in that all ETP Holders 

are eligible to submit (or not submit) 

liquidity adding trades and quotes, and 

may do so at their discretion in the daily 

volumes they choose during the course 

of the measurement period. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any inappropriate burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has taken 

effect upon filing pursuant to Section 

19(b)(3)(A)(ii) of the Act 8 and 

subparagraph (f)(2) of Rule 19b–4 9

thereunder, because, as provided in 

(f)(2), it changes ‘‘a due, fee or other 

charge applicable only to a member’’ 

(known on the Exchange as an ETP 

Holder). At any time within sixty (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–NSX–2009–03 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–NSX–2009–03. 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, 100 F Street, NE., Washington, 

DC 20549, on official business days 

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

Copies of the filing will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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 Number SR–NSX– 

2009–03 and should be submitted on or 

before June 23, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12713 Filed 6–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59979; File No. SR–NYSE– 

2009–52] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Amending the 

Fees Charged for the Floor Member 

Continuing Education Program for 

Qualified Floor Members Pursuant to 

NYSE Rule 103A 

May 27, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on May 22, 

2009, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26455 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78a et seq. 

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(2). 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend, 

effective immediately, the fees charged 

for the Floor Member Continuing 

Education Program for qualified Floor 

members pursuant to NYSE Rule 103A, 

from a fixed flat $50 fee per training 

module, to an $80 flat fee per training 

module. The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

As required by NYSE Rule 103A, the 

Exchange provides Floor members with 

a mandatory continuing education 

program, known as the Floor Member 

Continuing Education Program (‘‘FMCE 

Program’’). The Exchange proposes to 

amend, effective immediately, the fees 

charged for the Floor Member 

Continuing Education Program for 

qualified Floor members. Currently, 

members pay a fee of $50 per training 

module. The Exchange is proposing to 

increase the fee to $80 per training 

module for 2009. 

Members must complete all 

Exchange-mandated FMCE programs. 

As originally offered, the program 

consisted of live and video-taped 

lectures. Subsequently, the Exchange 

updated the program and began 

delivering FMCE content in a 

computerized learning laboratory, for 

which members were assessed a flat persession fee of $100. Beginning in March 

2008, the Exchange began offering the 

FMCE Program via a web-based 

interactive program that members can 

access from an Internet-capable 

computer. To reflect the delivery 

method of the revised, Web-based FMCE 

Program, starting in October 2007, the 

Exchange changed the fee structure from 

a per-session fee to a flat fee of $50 for 

each training module offered. For this 

flat fee, members are able to access the 

FMCE Program during their own time 

and from their own computers under 

proper compliance supervision. 

Members are also able to stop and start 

a training module at any point and 

return to a module once completed 

without any additional charge. 

Based upon experience, the revenues 

generated from the $50 flat fee for each 

training module offered are insufficient 

to cover fully the costs associated with 

developing and delivering these 

modules. For that reason, the Exchange 

is proposing to increase the fee in order 

to achieve the goal of cost recovery for 

the program. The Exchange has 

evaluated the program’s costs for 2009 

and is proposing to assess a fee of $80 

for modules delivered in 2009. The new 

fee will not be retroactive and will be 

applied following the date of this filing. 

Beginning in 2010, the Exchange will 

review the fee annually to ensure that 

the fee continues to accurately reflect 

the Exchange’s development and 

delivery costs. Any revenues collected 

in a given year that exceed that year’s 

actual development and delivery costs 

will be credited to the projected 

development and delivery costs for the 

succeeding year. Similarly, any deficit 

may be carried over to the next year for 

purposes of assessing the fee. If the 

Exchange determines that further fee 

changes are necessary, we will submit 

appropriate filings with the 

Commission. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 4 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 5 in general and Section 6(b)(4) of 

the Act 6 in particular, in that the 

proposed rule change is designed to 

provide for the equitable allocation of 

reasonable dues, fees and other charges 

among its members and other persons 

using its facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will 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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 7 of the Act and 

subparagraph (f)(2) of Rule 19b–4 8

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

NYSE. 

At any time within 60 days of the 

filing of the 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–NYSE–2009–52 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–NYSE–2009–52. 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 

26456 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 

9 17 CFR 200.30–3(a)(12). 

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 

Section, 100 F Street, NE., Washington, 

DC 20549 on official business days 

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

Copies of the filing will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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 Number SR–NYSE– 

2009–52 and should be submitted on or 

before June 23, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12716 Filed 6–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6643] 

60-Day Notice of Proposed Information 

Collection: Request for 

Reconsideration of Proviso(s); OMB 

Control Number 1405–0172. 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for information 

collection described below. The purpose 

of this notice is to allow 60 days for 

public comment in the Federal Register 

preceding submission to OMB. We are 

conducting this process in accordance 

with the Paperwork Reduction Act of 

1995. 

Title of Information Collection: 

Request for Reconsideration of 

Proviso(s) Determination. 

OMB Control Number: 1405–0172. 

Type of Request: Extension of 

currently approved collection. 

Originating Office: Bureau of Political 

Military Affairs, Directorate of Defense 

Trade Controls, PM/DDTC. 

Form Number: None. 

Respondents: Business organizations. 

Estimated Number of Respondents: 

120 (total). 

Estimated Number of Responses: 350 

(per year). 

Average Hours Per Response: 1 hour. 

Total Estimated Burden: 350 hours 

(per year). 

Frequency: On Occasion. 

Obligation to Respond: Mandatory. 

DATES: The Department will accept 

comments from the public up to 60 days 

from August 3, 2009. 

ADDRESSES: Comments and questions 

should be directed to Mary F. Sweeney, 

Office of Defense Trade Controls Policy, 

Department of State, who may be 

reached via the following methods: 

E-mail: Sweeneymf@state.gov. 

Mail: Mary F. Sweeney, SA–1, 12th 

Floor, Directorate of Defense Trade 

Controls, Bureau of Political Military 

Affairs, U.S. Department of State, 

Washington, DC 20522–0112. 

Fax: 202–261–8199. 

You must include the information 

collection title in the subject line of 

your message/letter. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including a copy of 

the supporting document, to Mary F. 

Sweeney, PM/DDTC, SA–1, 12th Floor, 

Directorate of Defense Trade Controls, 

Bureau of Political Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112, who may be reached via 

phone at (202) 663–2865, or via e-mail 

at sweeneymf@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of our 

functions. 

Evaluate the accuracy of our estimate 

of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

Enhance the quality, utility, and 

clarity of the information to be 

collected. 

Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of proposed collection: To 

request a change in the proviso(s) 

placed on an export license, the 

applicant submits a letter requesting 

reconsideration of a particular 

proviso(s). 

Methodology: This information 

collection is an exchange of letters and 

may be sent to the Directorate of 

Defense Controls via mail. 

Dated: May 22, 2009. 

Robert S. Kovac, 

Acting Deputy Assistant Secretary for Defense 

Trade, Bureau of Political-Military Affairs, 

U.S. Department of State. 

[FR Doc. E9–12660 Filed 6–1–09; 8:45 am] 

BILLING CODE 4710–27–P 

DEPARTMENT OF STATE 

[Public Notice 6649] 

Overseas Security Advisory Council 

(Osac) Meeting Notice; Closed Meeting 

The Department of State announces a 

meeting of the U.S. State Department— 

Overseas Security Advisory Council on 

June 16 at the U.S. Department of State, 

Arlington, Virginia and on June 17 at 

the U.S. Department of Homeland 

Security, Washington, DC. Pursuant to 

Section 10(d) of the Federal Advisory 

Committee Act (5 U.S.C. Appendix), 5 

U.S.C. 552b(c)(4), and 5 U.S.C. 

552b(c)(7)(E), it has been determined 

that the meeting will be closed to the 

public. The meeting will focus on an 

examination of corporate security 

policies and procedures and will 

involve extensive discussion of trade 

secrets and proprietary commercial 

information that is privileged and 

confidential, and will discuss law 

enforcement investigative techniques 

and procedures. The agenda will 

include updated committee reports, a 

global threat overview, and other 

matters relating to private sector 

security policies and protective 

programs and the protection of U.S. 

business information overseas. 

For more information, contact Marsha 

Thurman, Overseas Security Advisory 

Council, Department of State, 

Washington, DC 20522–2008, phone: 

571–345–2214. 

Dated: May 4, 2009. 

Gregory B. Starr, 

Director of the Diplomatic Security Service, 

Department of State. 

[FR Doc. E9–12825 Filed 6–1–09; 8:45 am] 

BILLING CODE 4710–43–P 

DEPARTMENT OF STATE 

[Public Notice 6648] 

Review of Foreign Terrorist 

Organization Designation for Kahane 

Chai, Also Known as KACH, and Other 

Aliases 

Pursuant to section 219(a)(4)(C) of the 

Immigration and Nationality Act, as 

amended (8 U.S.C. 1189 (a)(4)(C)), the 

Department of State is undertaking a 

review of the designation of the aboveVerDate Nov<24>2008 16:43 Jun 01, 2009 Jkt 217001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1