Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30351 

14 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. 

4An Investment Company Unit is a security that 

represents an interest in a registered investment 

company that holds securities comprising, or 

otherwise based on or representing an interest in, 

an index or portfolio of securities (or holds 

securities in another registered investment 

company that holds securities comprising, or 

otherwise based on or representing an interest in, 

an index or portfolio of securities). See NYSE Arca 

Equities Rule 5.2(j)(3)(A). 

5See the Trust’s Registration Statement on Form 

N–1A, dated June 2, 2009 (File Nos. 333–89822 and 

811–21114) (‘‘Registration Statement’’). 

6Specifically, the Index fails to meet the 

requirement that the most heavily weighted 

component stock shall not exceed 25% of the 

weight of the Index. As of May 27, 2009, the most 

heavily weighted component stock (America Movil) 

represented 32.65% of the Index weight. In 

addition, the Index fails to meet the requirement 

that the five most heavily weighted component 

stocks shall not exceed 60% of the weight of the 

Index. As of May 27, 2009, the five most heavily 

weighted component stocks represented 60.64% of 

the Index weight. 

7 17 CFR 240.10A–3. 

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– 

NYSEAmex–2009–27 and should be 

submitted on or before July 16, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14961 Filed 6–24–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60128; File No. SR– 

NYSEArca–2009–53] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change Relating to the Listing 

and Trading of ProShares UltraShort 

MSCI Mexico Investable Market Fund 

June 17, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on June 12, 

2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 list and 

trade shares (‘‘Shares’’) of the following 

fund of the ProShares Trust (‘‘Trust’’): 

ProShares UltraShort MSCI Mexico 

Investable Market Fund. The text of the 

proposed rule change is available on the 

Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office and at the Public 

Reference Room of the Commission. 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to list and 

trade the Shares of the following fund 

under NYSE Arca Equities Rule 5.2(j)(3), 

the Exchange’s listing standards for 

Investment Company Units (‘‘ICUs’’): 4

ProShares UltraShort MSCI Mexico 

Investable Market Fund (the ‘‘Fund’’). 

The Fund is an ‘‘index fund’’ that seeks 

to provide daily investment results that, 

before fees and expenses, correspond to 

twice the inverse (¥200%) of the daily 

performance of the MSCI Mexico 

Investable Market Index (‘‘Index’’). The 

Fund does not seek to achieve its stated 

objective over a period of time greater 

than one day. 

According to the Trust’s Registration 

Statement,5 the Index measures the 

performance of the Mexican equity 

market. The Index is a capitalizationweighted index that aims to capture 

99% of the publicly available total 

market capitalization. Component 

companies are adjusted for available 

float and must meet objective criteria for 

inclusion in the Index, taking into 

consideration unavailable strategic 

shareholdings and limitations to foreign 

ownership. As of March 31, 2009, the 

Index was concentrated in the 

telecommunications services industry 

group, which comprised 43% of the 

market capitalization of the Index, and 

included companies with 

capitalizations between $13 million and 

$26 billion. The average capitalization 

of the companies comprising the Index 

was approximately $1.7 billion. 

The Exchange is submitting this 

proposed rule change because the Index 

for the Fund does not meet all of the 

‘‘generic’’ listing requirements of 

Commentary .01(a)(B) to NYSE Arca 

Equities Rule 5.2(j)(3) applicable to 

listing of ICUs based on international or 

global indexes. The Index meets all such 

requirements except for those set forth 

in Commentary .01(a)(B)(3).6 The 

Exchange represents that (1) except for 

the requirement under Commentary 

.01(a)(B)(3) to NYSE Arca Equities Rule 

5.2(j)(3) that the most heavily weighted 

component stock shall not exceed 25% 

of the weight of the Index and that the 

five most heavily weighted component 

stocks shall not exceed 60% of the 

weight of the Index, the Shares of the 

Fund currently satisfy all of the generic 

listing standards under NYSE Arca 

Equities Rule 5.2(j)(3); (2) the continued 

listing standards under NYSE Arca 

Equities Rules 5.2(j)(3) and 5.5(g)(2) 

applicable to ICUs shall apply to the 

Shares; and (3) the Trust is required to 

comply with Rule 10A–3 7 under the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) for the initial and continued 

listing of the Shares. In addition, the 

Exchange represents that the Shares will 

comply with all other requirements 

applicable to ICUs including, but not 

limited to, requirements relating to the 

dissemination of key information such 

as the Index value and Intraday 

Indicative Value, rules governing the 

trading of equity securities, trading 


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30352 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 

8The Exchange may obtain information for 

surveillance purposes via the Intermarket 

Surveillance Group (‘‘ISG’’) from other exchanges 

who are members of ISG. For a list of current 

members of ISG, see http://www.isgportal.org. 

However, the Exchange does not have in place a 

comprehensive surveillance agreement with the 

Bolsa Mexicana de Valores and such exchange is 

not an ISG member. 

9See, e.g., Securities Exchange Act Release Nos. 

55621 (April 12, 2007), 72 FR 19571 (April 18, 

2007) (SR–NYSEArca–2006–86) (order approving 

generic listing standards for ICUs based on 

international or global indexes); 44551 (July 12, 

2001), 66 FR 37716 (July 19, 2001) (SR–PCX–2001– 

14) (order approving generic listing standards for 

ICUs and Portfolio Depositary Receipts); 41983 

(October 6, 1999), 64 FR 56008 (October 15, 1999) 

(SR–PCX–98–29) (order approving rules for listing 

and trading of ICUs). See e-mail from Tim 

Malinowski, Director, NYSE Euronext, to David Liu, 

Assistant Director, Division of Trading and Markets, 

Commission, dated June 17, 2009. 

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

11 15 U.S.C. 78f(b)(5). 

12 15 U.S.C. 78s(b)(3)(A). 

13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

14 17 CFR 240.19b–4(f)(6). 

15 17 CFR 240.19b–4(f)(6)(iii). 

16See Securities Exchange Act Release No. 57320 

(February 13, 2008), 73 FR 9395 (February 20, 2008) 

(SR–NYSEArca–2008–15) (approving the listing and 

trading of shares of the iShares MSCI Mexico Index 

Fund). 

17For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition 

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

hours, trading halts, surveillance 8 and 

Information Bulletin to ETP Holders, as 

set forth in prior Commission orders 

approving the generic listing rules 

applicable to the listing and trading of 

ICUs.9

Detailed descriptions of the Fund, the 

Index, procedures for creating and 

redeeming Shares, transaction fees and 

expenses, dividends, distributions, 

taxes, and reports to be distributed to 

beneficial owners of the Shares can be 

found in the Trust’s Registration 

Statement or on the Web site for the 

Fund (http://www.proshares.com), as 

applicable. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 10 of the 

Act, in general, and furthers the 

objectives of Section 6(b)(5),11 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, and to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system. The 

Exchange believes that the proposed 

rule change will facilitate the listing and 

trading of an additional type of 

exchange-traded product that will 

enhance competition among market 

participants, to the benefit of investors 

and the marketplace. 

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 

Because the foregoing proposed rule 

change: (1) Does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms does not become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) 12 of the Act and 

subparagraph (f)(6) of Rule 19b–4 13

thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 14 normally does not 

become operative for 30 days after the 

date of filing. However, Rule 19b– 

4(f)(6)(iii),15 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange requests that the Commission 

waive the 30-day operative delay so that 

the proposal may become operative 

immediately upon filing. The Exchange 

states that the proposed rule change 

does not significantly affect the 

protection of investors or the public 

interest and does not impose any 

significant burden on competition. 

The Commission believes waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. At least one other series 

of ICUs listed on the Exchange is based 

upon the Index.16 The Commission 

believes that the listing and trading of 

the Shares do not present any novel or 

significant issues or impose any 

significant burden on competition, and 

that waiving the 30-day operative delay 

will benefit the market and investors by 

providing market participants with 

additional investing choices. For these 

reasons, the Commission designates the 

proposed rule change as operative upon 

filing.17

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–2009–53 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–2009–53. 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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30353 

18 17 CFR 200.30–3(a)(12). 

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 also will be available 

for inspection and copying at the 

principal office of the Exchange. 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–2009–53 and 

should be submitted on or before July 

16, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14899 Filed 6–24–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions and extensions of 

OMB-approved information collections 

and a new collection. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers shown 

below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA), Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1332 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400, E-mail address: 

OPLM.RCO@ssa.gov. 

I. The information collection below is 

pending at SSA. SSA will submit it to 

OMB within 60 days from the date of 

this notice. To be sure we consider your 

comments, we must receive them no 

later than August 24, 2009. Individuals 

can obtain copies of the collection 

instrument by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the e-mail address we list 

above. 

1. Medicare Part B Income-Related 

Premium—Life-Changing Event Form— 

20 CFR 408.1125–.1201—0960–0735. 

Per the Medicare Modernization Act of 

2003, selected recipients of Medicare 

Part B insurance pay an income-related 

monthly adjustment amount (IRMAA). 

The Internal Revenue Service (IRS) uses 

income tax return data to determine the 

amount of IRMAA. SSA uses Form 

SSA–44 to determine if a recipient 

qualifies for a reduction in IRMMA. If 

affected Medicare Part B recipients 

believe more recent tax data should be 

used because a life-changing event has 

occurred that significantly reduces his/ 

her income, they can report these 

changes to SSA and ask for a new initial 

determination of his/her IRMAA. The 

respondents are Medicare Part B 

recipients who have a modified adjusted 

gross income over a high-income 

‘‘threshold.’’ 

Type of Request: Extension of an 

OMB-approved information collection. 

Method of information collection Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(mins.) 

Estimated 

annual burden 

(hours) 

Personal Interview ........................................................................................... 128,000 1 30 64,000 

Form ......................................................................................................... 32,000 1 45 24,000

Totals ............................................................................................................... 160,000 — — 88,000 

II. SSA has submitted the information 

collections we list below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if OMB and SSA receive them 

within 30 days from the date of this 

publication. To be sure we consider 

your comments, we must receive them 

no later than July 27, 2009. You can 

obtain a copy of the OMB clearance 

packages by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the above e-mail address. 

1. Request for Internet Services— 

Authentication; Automated Telephone 

Speech Technology—Knowledge-Based 

Authentication—20 CFR 401.45—0960– 

0596. 

To verify identity, SSA requests 

individuals and third parties who seek 

personal information from SSA records, 

or register to participate in SSA’s online 

business services, to provide certain 

identifying information. As an extra 

measure of protection, SSA asks 

requestors who use the Internet and 

telephone services to provide additional 

identifying information unique to those 

services so SSA can authenticate their 

identities before releasing personal 

information. The respondents are 

current beneficiaries who are requesting 

personal information from SSA and/or 

individuals or third parties who are 

registering for SSA’s online business 

services. 

Type of Request: Extension of an 

OMB-approved information collection. 

Forms Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(mins.) 

Burden hours 

Internet Requestors ......................................................................................... 3,357,503 1 11⁄2 83,938 

Telephone Requestors .................................................................................... 24,171,867 1 11⁄2 604,297 


sroberts on PROD1PC70 with NOTICES