33012 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

7 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. 55960 

(June 26, 2007), 72 FR 36531 (July 3, 2007) (Notice 

of Filing and Immediate Effectiveness of a Proposed 

Rule Change Relating to PrecISE Fees). 

4Attributable Order is a market or limit order in 

which an EAM can choose to disclose their member 

ID. See Securities Exchange Act Release No. 58701 

(October 1, 2008), 73 FR 59007 (October 8, 2008) 

(Notice of Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to a New Order 

Type) (SR–ISE–2008–74). 

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

6 17 CFR 19b–4(f)(2). [sic] 

All submissions should refer to File 

Number SR–NYSEArca–2009–60. 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 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–2009–60 and 

should be submitted on or before July 

30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16175 Filed 7–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60208; File No. SR–ISE– 

2009–39] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to PrecISE Fees 

July 1, 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 24, 

2009, the International Securities 

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

‘‘ISE’’) 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. 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 ISE is proposing to amend the 

fees for its PrecISE Trade® order entry 

terminals. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.ise.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 

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 

(1) Purpose—The purpose of this 

proposed rule change is to amend the 

ISE’s fee schedule for its proprietary 

PrecISE Trade® order entry terminals. 

‘‘PrecISE’’ is the Exchange’s internallydeveloped proprietary order-routing 

terminal used by Electronic Access 

Members (‘‘EAM’’) to send order flow to 

ISE. ISE currently charges a monthly fee 

of $300 per user per month for the first 

10 users; for all subsequent users, ISE 

charges $50 per user per month.3 ISE 

recently upgraded PrecISE, enhancing it 

with certain new functionalities that, 

among other things, provide users with 

‘‘Greek’’ calculations and the use of 

Attributable Orders.4 Certain other userrequested enhancements have also been 

built into the new version. In order for 

ISE to cover the costs of building out the 

enhanced version, we propose to 

increase the fee for the first 10 users to 

$350 per month and for all subsequent 

users, $100 per month. 

ISE also proposes to change the 

method for calculating this fee. 

Currently, EAMs are billed based on the 

number of maximum concurrent logins. 

For example, if an EAM uses five logins 

over the course of a month but only 

three logins were used simultaneously 

at any point during the month, that 

member is charged for just those three 

logins. The Exchange now proposes to 

charge EAMs for the total number of 

logins used during the month. Using the 

same example, EAMs will now be 

charged for all five logins that they used 

over the course of the month. This 

proposed fee change will be operative 

on July 1, 2009. 

(2) Basis—The basis under the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) [sic] for this proposed 

rule change is the requirement under 

Section 6(b)(4) that an exchange have an 

equitable allocation of reasonable dues, 

fees and other charges among its 

members and other persons using its 

facilities. In particular, these fees will 

enable the Exchange to cover its costs 

for providing an enhanced version of its 

front-end trading system. 

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) 

[sic] of the Act 5 and Rule 19b–4(f)(2) 6

thereunder. At any time within 60 days 

of the filing of such proposed rule 


rmajette on DSK29S0YB1 with NOTICES
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 33013 

7 17 CFR 200.30–3(a)(12). 

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–2009–39 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–2009–39. 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–2009–39 and should be 

submitted on or before July 30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16176 Filed 7–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Generalized System of Preferences 

(GSP): Notice of the Results of the 

2008 Annual Product Reviews 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: This notice announces: (1) 

The disposition of the product petitions 

accepted for review in the 2008 GSP 

Annual Product Review; (2) the results 

of the 2008 Competitive Need 

Limitations (CNL) Waiver Review; (3) 

the results of the 2008 Competitive 

Need Limitation Waiver Revocation 

Review; (4) the addition of a product to 

the list of products that were not 

produced in the United States on 

January 1, 1995; (5) the results of the 

2008 De Minimis Waiver and 

Redesignation Reviews; and (6) the 

continuation of the 2008 Country 

Practices Review. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Cooper, GSP Program, Office of 

the United States Trade Representative, 

1724 F Street, NW., Room F–601, 

Washington, DC 20508. The telephone 

number is (202) 395–6971, the fax 

number is (202) 395–2961, and the 

e-mail address is 

Tameka_Cooper@ustr.eop.gov. 

SUPPLEMENTARY INFORMATION: The GSP 

program provides for the duty-free 

importation of designated articles when 

imported from beneficiary developing 

countries. The GSP program is 

authorized by Title V of the Trade Act 

of 1974 (19 U.S.C. 2461 et seq.), as 

amended (the ‘‘Trade Act’’), and is 

implemented in accordance with 

Executive Order 11888 of November 24, 

1975, as modified by subsequent 

Executive Orders and Presidential 

Proclamations. 

In the 2008 Annual Product Review, 

the Trade Policy Staff Committee 

reviewed petitions to change product 

coverage of the GSP. The results of the 

2008 GSP Annual Review, comprising 

nine lists, are available for public 

viewing at http://www.regulations.gov 

in docket USTR–2008–0045. The listed 

results of the 2008 GSP Annual Review 

are also available at: http:// 

www.ustr.gov/trade-topics/tradedevelopment/preference-programs/ 

generalized-system-preference-gsp/ 

current-reviews. 

The disposition of the petitions 

considered in the 2008 GSP Annual 

Review is described in: List I (Decisions 

on Petitions to Add Products to the List 

of Eligible Products for the Generalized 

System of Preferences); List II (Decisions 

on Petitions to Remove Duty-Free Status 

from a Beneficiary Developing Country 

for a Product on the List of Eligible 

Articles for the Generalized System of 

Preferences); and List III (Decisions on 

Petitions to Grant a Waiver to the 

Competitive Need Limitations). 

Certain articles for which a waiver of 

the application of Section 503(c)(2)(A) 

of the 1974 Act was issued at least five 

years ago, but which are revoked 

pursuant to Section 503(d)(5) are listed 

in List IV (Decisions on Competitive 

Need Limit Waiver Revocations). 

Certain articles for which it has been 

determined that a like or directly 

competitive product was not produced 

in the United States on January 1, 1995, 

for the purposes of section 503(c)(2)(E), 

are listed in List V (Addition to List of 

Products ‘‘Not Produced in the United 

States’’, Pursuant to Section 

503(c)(2)(E)). 

In the 2008 Product Review, the Trade 

Policy Staff Committee evaluated the 

2008 value of U.S. imports of each GSPeligible article to determine whether an 

article from a GSP beneficiary 

developing country exceeded the GSP 

CNLs. De minimis waivers were granted 

to certain articles that exceeded the 50- 

percent import-share CNL, but for 

which the aggregate value of all U.S. 

imports of that article was below the 

2008 de minimis level of $19 million. 

List VI (Decisions on Products Eligible 

for De Minimis Waivers) provides the 

list of the articles and the associated 

countries granted de minimis waivers. 

No eligible products were redesignated 

to GSP eligibility. List VII (Decisions on 

Products Eligible for GSP 

Redesignation) provides the list of the 

articles and the associated countries 

reviewed for redesignation. 

Articles that exceeded one of the GSP 

CNLs in 2008, and that are newly 

excluded from GSP eligibility when 

imported from a specific beneficiary 

country, are listed in List VIII (Products 

Newly Subject to CNL Exclusion). 

The Trade Policy Staff Committee has 

determined to continue the review of 

GSP eligibility of certain beneficiary 

developing countries. The beneficiaries 


rmajette on DSK29S0YB1 with NOTICES