Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26899 

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

2 17 CFR 240.19b–4. 

Goldman Sachs Global Equity Long/ 

Short Registered Fund, LLC [File No. 

811–21375]; Goldman Sachs Global 

Relative Value Registered Fund, LLC 

[File No. 811–21377]; Goldman Sachs 

Global Event Driven Registered Fund, 

LLC [File No. 811–21378]; Goldman 

Sachs Global Tactical Trading 

Registered Fund, LLC [File No. 811– 

21379] 

Summary: Each applicant, a closedend investment company, seeks an 

order declaring that it has ceased to be 

an investment company. Applicants 

have never made a public offering of 

their securities and do not propose to 

make a public offering or engage in 

business of any kind. 

Filing Dates: The applications were 

filed on March 23, 2009, and amended 

on May 21, 2009. 

Applicants’ Address: One New York 

Plaza, 39th Floor, New York, NY 10004. 

Man IP 220, LLC [File No. 811–21451]; 

Man Dual Absolute Return Fund [File 

No. 811–22070] 

Summary: Each applicant, a closedend investment company, seeks an 

order declaring that it has ceased to be 

an investment company. Applicants 

have never made a public offering of 

their securities and do not propose to 

make a public offering or engage in 

business of any kind. 

Filing Date: The applications were 

filed on May 8, 2009. 

Applicants’Address: 123 N. Wacker 

Dr., 28th Fl., Chicago, IL 60606. 

Pax World Growth Fund, Inc. [File No. 

811–8097]; Pax World High Yield Fund, 

Inc. [File No. 811–9419] 

Summary: Each applicant seeks an 

order declaring that it has ceased to be 

an investment company. On April 2, 

2007, each applicant transferred its 

assets to corresponding series of Pax 

World Funds Series Trust I, based on 

net asset value. Expenses of 

approximately $159,000 and $112,000, 

respectively, incurred in connection 

with the reorganizations were paid by 

each applicant. 

Filing Date: The applications were 

filed on May 8, 2009. 

Applicants’ Address: 30 Penhallow 

St., Suite 400, Portsmouth, NH 03801. 

Access Capital Strategies Community 

Investment Fund, Inc. [File No. 811– 

21889] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On July 28, 2008, 

applicant transferred its assets to Access 

Capital Community Investment Fund, a 

series of Tamarack Funds Trust, based 

on net asset value. Expenses of $723,000 

incurred in connection with the 

reorganization were paid by Voyageur 

Asset Management Inc., applicant’s 

subadviser. 

Filing Dates: The application was 

filed on December 24, 2008, and 

amended on May 27, 2009. 

Applicant’s Address: 419 Boylston 

St., Suite 501, Boston, MA 02116. 

Separate Account VA–2NL of 

Transamerica Occidental Life 

Insurance Company [File No. 811– 

07232] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant 

requests deregistration based on 

abandonment of registration. Applicant 

is not now engaged, or intending to 

engage, in any business activities other 

than those necessary for winding up its 

affairs. 

Filing Date: The application was filed 

on March 11, 2009. 

Applicant’s Address: 4333 Edgewood 

Road NE, Cedar Rapids, IA 52499–0001. 

Separate Account VA–2NLNY of 

Transamerica Financial Life Insurance 

Company [File No. 811–07370] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant 

requests deregistration based on 

abandonment of registration. Applicant 

is not now engaged, or intending to 

engage, in any business activities other 

than those necessary for winding up its 

affairs. 

Filing Date: The application was filed 

on March 11, 2009. 

Applicant’s Address: 100 

Manhanttanville Road, Purchase, NY 

10577. 

Genworth Life & Annuity VA Separate 

Account 3 [File No. 811–21970] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant 

requests deregistration based on 

abandonment of registration. At the time 

of filing, applicant had less than 100 

individual contract owners and was not 

making a public offering nor was it 

intending on making a public offering in 

the future and thus qualified for an 

exclusion from the definition of 

‘‘investment company’’ in Section 

3(c)(1) of the 1940 Act. 

Filing Dates: The application was 

filed on December 30, 2008, and 

amended and restated on February 20, 

2009 and May 27, 2009. 

Applicant’s Address: 610 West Broad 

Street, Richmond, Virginia, 23230. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12996 Filed 6–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Patriot Energy Corp.; 

Order of Suspension of Trading 

June 2, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Patriot 

Energy Corporation because of questions 

regarding the accuracy of assertions by 

Patriot Energy Corporation in press 

releases to investors concerning, among 

other things: (1) The company’s 

business agreements and (2) a tender 

offer for Patriot Energy Corporation’s 

outstanding shares. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of Patriot Energy Corp. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities Patriot Energy Corp. is 

suspended for the period from 9:30 a.m. 

EDT on June 2, 2009, through 11:59 p.m. 

EDT, on June 15, 2009. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E9–13144 Filed 6–2–09; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59990; File No. SR–BATS– 

2009–016] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Related to Fees for Use 

of BATS Exchange, Inc. 

May 28, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on May 21, 

2009, BATS Exchange, Inc. (‘‘BATS’’ or 

the ‘‘Exchange’’) filed with the 

26900 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

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

4 17 CFR 240.19b–4(f)(2). 

5SR–BATS–2009–012 (filed May 20, 2009). 

6 15 U.S.C. 78f. 

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

8 15 U.S.C. 89s(b)(3)(A)(ii). 

9 17 CFR 240.19b–4(f)(2). 

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. BATS has designated 

the proposed rule change as one 

establishing or changing a member due, 

fee, or other charge imposed by the 

Exchange under Section 19(b)(3)(A)(ii) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the 

proposed rule change effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

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 modify its 

fee schedule applicable to use of the 

Exchange. While changes to the fee 

schedule pursuant to this proposal will 

be effective upon filing, the changes will 

become operative on May 22, 2009. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to modify its 

fee schedule applicable to use of the 

Exchange effective May 22, 2009, in 

order to extend the same fee charged by 

the Exchange for its ‘‘CYCLE’’ routing 

strategy ($0.0025 per share) to any 

executions that result from the 

Exchange’s ‘‘RECYCLE’’ routing. The 

Exchange recently filed an immediately 

effective rule change with the 

Commission that permits the Exchange 

to offer Exchange Members the option to 

mark an order as eligible for re-routing 

if the order has been routed away from 

the Exchange then posted to the BATS 

Book and then another Trading Center 

locks or crosses such posted order.5

Such additional routing is referred to by 

the Exchange as RECYCLE routing. As 

noted above, the Exchange will charge 

the same fee for executions that result 

from RECYCLE routing as it does for 

CYCLE routing. Accordingly, the 

Exchange proposes to add a reference to 

RECYCLE on its fee schedule 

everywhere that CYCLE is referenced. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

are applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6 of the Act.6

Specifically, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,7 in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among members and other 

persons using any facility or system 

which the Exchange operates or 

controls. The Exchange notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive. 

Finally, the Exchange believes that the 

proposed rates are equitable in that they 

apply uniformly to all Members. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

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. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change 

has been designated as a fee change 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act 8 and Rule 19b–4(f)(2) thereunder,9

because it establishes or changes a due, 

fee or other charge imposed on members 

by the Exchange. Accordingly, the 

proposal is effective upon filing with 

the Commission. 

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 proposal 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 

No. SR–BATS–2009–016 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 No. 

SR–BATS–2009–016. 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 changes 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 such filing also will be 

available for inspection and copying at 

the principal office of BATS. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26901 

10 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. 59790 

(April 20, 2009), 74 FR 18758. 

4See Securities Exchange Act Release No. 58444 

(August 29, 2008), 73 FR 51872 (September 5, 2008) 

(SR–NYSEArca-2008–96). The Commission has 

approved three extensions of the end date for the 

pilot program, which expires on June 30, 2009. See 

Securities Exchange Act Release Nos. 58895 

(October 31, 2008), 73 FR 66956 (November 12, 

2008) (SR–NYSEArca-2008–122); 59184 (December 

30, 2008), 74 FR 755 (January 7, 2009) (SR– 

NYSEArca-2008–143); and 59662 (March 31, 2009), 

74 FR 15571 (April 6, 2009) (SR–NYSEArca-2009– 

25). 

5The Exchange notes that it will make the NYSE 

Arca Realtime Reference Prices available to vendors 

no earlier than it makes those prices available to the 

processor under the CTA Plan. 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File No. 

SR–BATS–2009–016 and should be 

submitted on or before June 25, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12983 Filed 6–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60002; File No. SR– 

NYSEArca-2009–32] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Approving the 

Proposed Rule Change Implementing 

NYSE Arca Realtime Reference Prices 

Service on a Permanent Basis 

May 29, 2009. 

I. Introduction 

On April 15, 2009, NYSE Arca, Inc. 

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

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

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

19b–4 thereunder,2 a proposed rule 

change to establish the NYSE Arca 

Realtime Reference Prices service on a 

permanent basis and to establish a flat 

monthly fee for that service. The 

proposed rule change was published for 

comment in the Federal Register on 

April 24, 2009.3 The Commission 

received no comment letters on the 

proposal. This order approves the 

proposed rule change. 

II. Description of the Proposal 

The Exchange proposes to establish 

the NYSE Arca Realtime Reference 

Prices service on a permanent basis and 

to establish a flat monthly fee for that 

service. The Exchange currently 

provides this service pursuant to a pilot 

program.4 The service allows a vendor 

to redistribute, on a real-time basis last 

sale prices of transactions that take 

place on the Exchange (‘‘NYSE Arca 

Realtime Reference Prices’’). The 

Exchange has found that the pilot 

program provides a low-cost service that 

makes real-time prices widely available 

to casual investors, provides vendors 

with a useful real-time substitute for 

delayed prices, and relieves vendors of 

administrative burdens. The product is 

intended to be used for reference 

purposes, rather than as a basis for 

making trading decisions. 

The Service 

The NYSE Arca Realtime Reference 

Prices service allows internet service 

providers, traditional market data 

vendors, and others (collectively, 

‘‘NYSE Arca-Only Vendors’’) to make 

available NYSE Arca Realtime Reference 

Prices on a real-time basis.5 The NYSE 

Arca Realtime Reference Price 

information includes last sale prices for 

all securities that trade on the Exchange. 

The product includes only prices, and 

does not include the size of each trade 

or bid/asked quotations. 

As with the pilot program, under the 

permanent service the Exchange will 

not permit NYSE Arca-Only Vendors to 

provide NYSE Arca Realtime Reference 

Prices in a context in which a trading or 

order-routing decision can be 

implemented unless the NYSE ArcaOnly Vendor also provides consolidated 

displays of Network A last sale prices 

available in an equivalent manner, as 

required by Rule 603(c)(1) of Regulation 

NMS. 

Also, as with the pilot program, the 

permanent service is intended to 

eliminate certain administrative 

burdens associated with the distribution 

of real-time CTA prices. Specifically, 

the permanent service would feature the 

same flat, fixed monthly vendor fee, no 

user-based fees, no vendor reporting 

requirements, and no professional or 

non-professional subscriber agreements. 

The Fee 

The Exchange proposes to retain the 

current $30,000 monthly flat access fee 

for the NYSE Arca Realtime Reference 

Prices service. For that fee, the NYSE 

Arca-Only Vendor may provide 

unlimited NYSE Arca Realtime 

Reference Prices to an unlimited 

number of the NYSE Arca-Only 

Vendor’s subscribers and customers. 

The pilot program does not impose any 

device or end-user fee for the NYSE 

Arca-Only Vendors’ distribution of 

NYSE Arca Realtime Reference Prices 

and the Exchange is not proposing to 

add any new fees for the permanent 

service. 

As with the pilot program, the 

Exchange proposes to require the NYSE 

Arca-Only Vendor to identify the NYSE 

Arca trade price by placing the text 

‘‘NYSE Arca Data’’ in close proximity to 

the display of each NYSE Arca Realtime 

Reference Price or series of NYSE Arca 

Realtime Reference Prices, or by 

complying with such other 

identification requirement as to which 

NYSE Arca may agree. The NYSE ArcaOnly Vendor may make NYSE Arca 

Realtime Reference Prices available 

without having to differentiate between 

professional subscribers and 

nonprofessional subscribers, without 

having to account for the extent of 

access to the data, and without having 

to report the number of users. 

Contracts 

As with the pilot program, NYSE Arca 

proposes to allow NYSE Arca-Only 

Vendors to provide NYSE Arca Realtime 

Reference Prices without requiring the 

end-users to enter into contracts for the 

benefit of the Exchange. Instead, the 

Exchange proposes to require NYSE 

Arca-Only Vendors to provide a readily 

visible hyperlink that will send the enduser to a warning notice about the enduser’s receipt and use of market data. 

The notice would be similar to the 

notice that vendors provide today when 

providing CTA delayed data services. 

The Exchange will require NYSE 

Arca-Only Vendors to enter into the 

form of ‘‘vendor’’ agreement into which 

the CTA and CQ Plans require 

recipients of the Network A datafeeds to 

enter (the ‘‘Network A Vendor Form’’). 

The Network A Vendor Form will 

authorize the NYSE-Arca Only Vendor 

to provide the NYSE Arca Realtime 

Reference Prices service to its 

subscribers and customers. The 

Exchange will supplement the Network 

A Vendor Form with an Exhibit C that 

will provide terms and conditions that 

are unique to the NYSE Arca Realtime 

Reference Prices service. 

III. Discussion and Commission 

Findings 

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