28746 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 

4There will be a guided drop-down menu for 

each inquiry type, eliminating the need for 

participants to determine department and activity 

codes. 

5 15 U.S.C. 78q–1. 

6 15 U.S.C. 78s(b)(3)(A)(iii). 

7 17 CFR 240.19b–4(f)(4). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

The proposed rule change establishes 

WINS, which is a new internet browserbased inquiry management system. 

WINS will replace PINS as the function 

that enables DTC participants to submit 

inquiries regarding their records. WINS 

will offer many significant 

improvements over PINS, including 

streamlining the process for participants 

to submit and to monitor inquiries and 

requests, providing easier navigation 

and date entry,4 and having a quicker 

response time. Additionally, WINS will 

provide real-time status updates by email. Participants will receive e-mails 

stating that their inquiry was received, 

updated, or closed. 

Participants will have the ability to 

access WINS through the Participant 

Browser System (‘‘PBS’’). If a Participant 

does not have access to PBS, then it will 

access WINS through DTC’s public Web 

site. Existing PINS users will be given 

access to WINS automatically and will 

be able to use their current password. 

All participant inquiries made before 

the release of WINS will continue to be 

processed through PINS. Participants 

will be able to view those inquiries 

through the PINS function but will be 

required to submit all new inquiries 

through WINS. 

DTC believes that the proposed rule 

change is consistent with the 

requirements of Section 17A of the Act,5

the rules and regulations thereunder. 

DTC states that the proposed rule 

change enhances an existing function to 

provide DTC participants with greater 

transparency and quicker responses to 

their inquiries. As such, it is a change 

to an existing function that will not 

adversely affect the safeguarding of 

securities and funds in DTC’s control or 

custody. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

DTC has not solicited or received 

written comments relating to the 

proposed rule change. DTC will notify 

the Commission of any written 

comments it receives. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule changes have 

become effective upon filing pursuant to 

Section 19(b)(3)(A)(iii) of the Act 6 and 

Rule 19b–4(f)(4) 7 thereunder because 

the proposed rule change effects a 

change in an existing service of DTC 

that (i) does not adversely affect the 

safeguarding of securities or funds in 

DTC’s custody or control or for which 

it is responsible and (ii) does not 

significantly affect the respective rights 

of DTC or persons using the service. At 

any time within sixty days of the filing 

of such rule changes, the Commission 

may summarily abrogate such rule 

changes 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 

changes are 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–DTC–2009–10 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. 

DTC–2009–10. 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 

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 such filings also will be 

available for inspection and copying at 

DTC’s principal office and DTC’s Web 

site at http://www.dtc.org/impNtc/mor/ 

index.html. 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. DTC–2009–10 

and should be submitted on or before 

July 8, 2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14191 Filed 6–16–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60087; File No. SR–ISE– 

2009–33] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Fee Changes 

June 10, 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 June 5, 

2009, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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 selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28747 

3See Securities Exchange Act Release No. 56165 

(July 30, 2007), 72 FR 43307 (August 3, 2007). 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78s(b)(3)(A). [sic] 

7 17 CFR 19b–4(f)(2). [sic] 8 17 CFR 200.30–3(a)(12). 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is proposing to amend 

its Schedule of Fees. The text of the 

proposed rule change is available on the 

Exchange’s Internet Web site at http:// 

www.ise.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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 

(a) Purpose—In SR–ISE–2009–26, the 

Exchange adopted the term ‘Singly 

Listed ETFs’ to identify those ETF 

products that are listed only on ISE and 

for which the Exchange charges a fee of 

$0.18 per contract for customer 

transactions. Currently, there are only 

two ETFs that are singly listed on the 

Exchange, the First Trust ISE Water ETF 

and the First Trust ISE–Revere Natural 

Gas ETF, identified on the Exchange’s 

fee schedule by their ticker symbols, 

FIW and FCG, respectively. FCG was 

recently listed for trading on another 

exchange and is therefore no longer 

singly listed on ISE. As FCG is now a 

multiply-listed ETF option, ISE will no 

longer charge a transaction fee for 

customer orders in this product and the 

Exchange proposes to remove FCG from 

its fee schedule. Since options on FCG 

are now multiply-listed, the Exchange 

has determined to charge a Payment for 

Order Flow (‘‘PFOF’’) fee for this 

product. 

Further, ISE first listed options on the 

First Trust ISE ChIndia ETF (‘‘FNI’’) on 

July 24, 2007.3 At that time, FNI was 

singly listed on the ISE and thus, ISE 

did not charge a PFOF fee for 

transactions in this product. FNI 

remained singly listed until January 9, 

2008 when another exchange began 

listing options on it. Despite it being 

multiply-listed, ISE did not charge a 

PFOF fee for transactions in FNI. ISE 

now proposes to charge a PFOF fee for 

transactions in FNI. 

(b) Basis—The Exchange believes that 

the proposed rule change is consistent 

with the objectives of Section 6 of the 

Act,4 in general, and furthers the 

objectives of Section 6(b)(4),5 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 its facilities. 

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 6 and Rule 19b–4(f)(2) 7

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–2009–33 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–2009–33. 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 such filing also will be 

available for inspection and copying at 

the principal office of ISE. 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–ISE–2009–33 and should be 

submitted on or before July 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14170 Filed 6–16–09; 8:45 am] 

BILLING CODE 8010–01–P 


dwashington3 on PROD1PC60 with NOTICES