Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29249 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 In Amendment No. 1, the Exchange corrected a 

typographical error that occurred on the cover sheet 

that accompanied the Exchange’s submission on 

Form 19b–4. Specifically, the Exchange conformed 

its categorization of the statutory provision 

applicable to the proposed rule change (i.e., Section 

19(b)(3)(A) instead of Section 19(b)(2) of the Act) to 

make the cover sheet consistent with the text of the 

Form 19b–4. 

for the State of West Virginia, dated 05/ 

15/2009 is hereby amended to include 

the following areas as adversely affected 

by the disaster: 

Primary Counties: (Physical Damage and 

Economic Injury Loans): Calhoun. 

Contiguous Counties: (Economic Injury 

Loans Only): 

West Virginia: Braxton, Clay, Gilmer, 

Ritchie, Roane, Wirt. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–14368 Filed 6–18–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11752 and #11753] 

West Virginia Disaster Number WV– 

00013 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 3. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of West Virginia (FEMA–1838– 

DR), dated 05/15/2009. 

Incident: Severe Storms, Flooding, 

Mudslides, and Landslides. 

Incident Period: 05/03/2009 through 

06/08/2009. 

Effective Date: 06/08/2009. 

Physical Loan Application Deadline 

Date: 07/14/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 02/15/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of West 

Virginia, dated 05/15/2009, is hereby 

amended to establish the incident 

period for this disaster as beginning 05/ 

03/2009 and continuing through 06/08/ 

2009. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–14370 Filed 6–18–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: [74 FR 28293, June 15, 

2009] 

STATUS: Closed Meeting. 

PLACE: 100 F Street, NE., Washington, 

DC. 

DATE AND TIME OF PREVIOUSLY ANNOUNCED

MEETING: Friday, June 19, 2009 at 11 

a.m. 

CHANGE IN THE MEETING: Additional Item. 

The following item has been added to 

the Friday, June 19, 2009 Closed 

Meeting agenda: Formal Order of 

Investigation. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552(b)(c)(3), (5), (7) and (10) and 

17 CFR 200.402(a)(3), (5), (7) and (10) 

permit consideration of the scheduled 

matter at the Closed Meeting. 

Commissioner Walter, as duty officer, 

determined that Commission business 

required the above change and that no 

earlier notice thereof was possible. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact the Office 

of the Secretary at (202) 551–5400. 

Dated: June 16, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–14538 Filed 6–17–09; 11:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60101; File No. SR– 

NYSEArca–2009–49] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change, as Modified 

by Amendment No. 1, by NYSE Arca, 

Inc. Implementing Schedule of Fees 

and Charges for Exchange Services 

June 11, 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 June 1, 

2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ 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 self-regulatory 

organization. On June 9, 2009, the 

Exchange filed Amendment No. 1 to the 

proposed rule change.4 The Commission 

is publishing this notice to solicit 

comments on the proposed rule change, 

as amended, from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

section of its Schedule of Fees and 

Charges for Exchange Services (the 

‘‘Schedule’’). While changes to the 

Schedule pursuant to this proposal will 

be effective upon filing, the changes will 

become operative on June 1, 2009. The 

text of the proposed rule change is 

attached as Ex. 5 to the 19b–4 form. A 

copy of this filing is available on the 

Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office 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 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

mstockstill on PROD1PC66 with NOTICES

29250 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 

5 15 U.S.C. 78s(b)(3)(A). 

6 17 CFR 240.19b–4(f)(2). 7 17 CFR 200.30–3(a)(12). 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to modify the list of strategies 

presently included in the Strategy 

Execution Fee Pilot Program (‘‘Pilot 

Program’’). NYSE Arca proposes to add 

‘‘Jelly Rolls’’ as an eligible strategy 

execution for inclusion in Pilot 

Program. 

A Jelly Roll is a long calendar call 

spread combined with the same short 

calendar put spread, or vice versa. This 

option strategy aims to profit from a 

time value spread through the purchase 

and sale of two call and two put 

options, each with different expiration 

dates. A Jelly Roll is created by entering 

into two separate positions 

simultaneously. One position involves 

buying a put and selling a call with the 

same strike price and expiration. The 

second position involves selling a put 

and buying a call, with the same strike 

price, but a different expiration from the 

first position. Below is an example of a 

Jelly Roll strategy execution. 

XYZ Jun/Oct 25 Jelly Roll: 

—Buy XYZ Jun 25 put and sell XYZ Jun 

25 call 

—Sell XYZ Oct 25 Put and buy XYZ Oct 

25 call 

Market BBO: 

Jun 25 call .51 at .53 

Jun 25 put .72 at .74 

Oct 25 call 1.52 at 1.55 

Oct 25 put 2.35 at 2.39 

.74(long Jun put) + 1.52(long Oct 

call)¥.51(short Jun call)¥2.35(short Oct 

put) = .60 credit received for the Jelly 

roll. 

Because the referenced Jelly Rolls are 

commonly executed in large volumes 

with profit margins that are generally 

narrow, the Exchange proposes to cap 

the transaction fees associated with 

such executions at $750 per strategy 

execution that is executed on the same 

trading day in the same option class. In 

addition, Jelly Rolls will be included in 

the monthly cap of $25,000 per 

initiating firm for all strategy 

executions. NYSE Arca believes that by 

keeping fees low, the Exchange is able 

to attract liquidity by accommodating 

these transactions. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act, in general, and Section 

6(b)(4), in particular, in that it provides 

for the equitable allocation of dues, fees 

and other charges among its members 

and other market participants that use 

the trading facilities of NYSE Arca. 

Under this proposal, all similarly 

situated Exchange participants will be 

charged the same reasonable dues, fees 

and other charges. 

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) 5 of the Act and 

subparagraph (f)(2) of Rule 19b–4 6

thereunder, because it establishes a due, 

fee, or other charge imposed by NYSE 

Arca. 

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–NYSEArca–2009–49 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–NYSEArca–2009–49. 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– 

NYSEArca–2009–49 and should be 

submitted on or before July 10, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14351 Filed 6–18–09; 8:45 am] 

BILLING CODE 8010–01–P 

mstockstill on PROD1PC66 with NOTICES