31786 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

38 15 U.S.C. 78s(b)(2). 

39See Notice, supra note 4. 

40See supra note 37 (citing to the approval order 

for SR–ISE–2006–59). 

41 15 U.S.C. 78s(b)(2). 

42 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 19b–4(f)(1). 

5See Securities Exchange Act Release No. 55793 

(May 22, 2007), 72 FR 29567 (May 29, 2007) (SR– 

NYSE–2007–34). 

6See Securities Exchange Act Release No. 55615 

(Apr. 11, 2007), 72 FR 19225 (Apr. 17, 2007) (SR– 

NYSE–2007–34). 

7Beginning in 1988, the Exchange required that 

member organizations report program trading by the 

close of the second business day following the trade 

day on the DPTR. 

update its rules applicable to FCOs and 

thereby facilitate its ability to 

administer its FCO program. 

IV. Accelerated Approval 

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,38 for approving the proposed rule 

change, as amended, prior to the 

thirtieth day after publication of the 

Notice in the Federal Register. The 

Commission notes that the proposal, as 

modified by Amendment No. 1, was 

published for a 15-day comment 

period,39 and that it did not receive any 

comment letters on the proposal. The 

Commission notes that the proposal, as 

modified by Amendment No. 1, extends 

to the New Currencies the same rule set 

that currently is applicable to FCOs 

traded on the Exchange, as proposed to 

be amended by the current filing. The 

proposal is similar to another 

exchange’s FCO program, including 

most of the proposed New Currencies, 

the position limits, and the up-front 

modified spot price, and so does not 

raise additional issues that have not 

been considered previously by the 

Commission.40 Accordingly, the 

Commission finds that the proposed 

rule change does not raise any novel 

regulatory issues and believes that 

accelerating approval of this proposal at 

the conclusion of a 15-day comment 

period should benefit investors by 

offering them the ability to invest in 

FCOs based on the New Currencies and 

by offering the new FCO features, 

methodologies, and processes without 

further delay. In particular, the proposal 

should greatly simplify the pricing 

methodology and structure of Phlx’s 

FCOs with respect to, among other 

things, strike, bid and ask, spot and 

settlement prices, and should 

consequently facilitate the ability of 

investors to more readily understand 

and trade these products. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,41 that the 

proposed rule change (SR–Phlx–2009– 

40), as modified by Amendment No. 1, 

be, and it hereby is, approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.42

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15611 Filed 7–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60179; File No. SR–NYSE– 

2009–61] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change 

Decommissioning the Requirement for 

Member Organizations To Report 

Program Trading Activity on the Daily 

Program Trading Report 

June 26, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on June 24, 

2009, the New York Stock Exchange 

LLC (the ‘‘Exchange’’ or ‘‘NYSE’’) 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 NYSE. The 

NYSE has filed the proposed rule 

change pursuant to Section 19(b)(3)(A) 

of the Act 3 and Rule 19b–4(f)(1) 

thereunder,4 which renders the proposal 

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 

decommission the requirement for 

member organizations to report program 

trading activity on the Daily Program 

Trading Report (‘‘DPTR’’). 

The text of the proposed rule change 

is available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.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 

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 

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 Exchange proposes to implement 

the previously approved 

decommissioning of the requirement 

that member organizations report 

program trading activity via the Daily 

Program Trading Report (‘‘DPTR’’).5

Because certain entities previously used 

DPTR data, the Exchange delayed 

implementing the decommissioning of 

the DPTR requirement to provide 

adequate time to coordinate with such 

entities. The Exchange files this rule 

proposal to announce the stated policy 

of the Exchange that the last trade date 

for which member organizations will be 

required to file the DPTR with the 

Exchange will be July 10, 2009 and 

therefore the last required date to 

submit the DPTR will be July 14, 2009. 

Background 

In 2007, the Exchange filed a rule 

proposal to update the definition of 

program trading and to make certain 

conforming changes to rules governing 

program trading at the Exchange (the 

‘‘2007 rule filing’’).6 In addition to 

amending the definition of program 

trading, the Exchange proposed to 

streamline the reporting process that 

member organizations must follow 

when reporting program trading.7

In the 2007 rule filing, the Exchange 

proposed to eliminate DPTR. The 2007 

filing noted that there was some 

duplication between the DPTR data and 

the audit trail information that member 

organizations provide to the Exchange 

via account-type indicators at the time 

that they submit program trades to the 

Exchange. The Exchange uses account 

type indicators to capture program trade 

information for those portions of the 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31787 

8See NYSE Information Memos 07–52 (June 11, 

2007), 07–88 (Aug. 31, 2007), 08–4 (Jan. 16, 2008), 

08–25 (Apr. 30, 2008), and 08–64 (Dec. 15, 2008) 

(extending the reporting requirement changes to 

June 30, 2009). 

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 19b–4(f)(1). 

program trades that are submitted to and 

executed on the Exchange. 

In the 2007 rule filing, the Exchange 

also proposed to redefine two of the 

existing program trading related account 

type indicators. 

Following approval of the rule filing 

and after consultation with the 

Commission the Exchange announced 

that it would delay implementation of 

the two redefined account type 

indicators, and pending such 

implementation, member organizations 

would be required to continue filing the 

DPTR with the Exchange.8 The current 

delayed implementation date of the 

redefined account type indicators is 

June 30, 2009. Accordingly, the 

Exchange still requires member 

organizations to submit DPTR. 

Proposed Stated Policy, Practice, and 

Interpretation of Exchange Rules 

The Exchange proposes to implement 

the decommissioning of the DPTR 

requirement following the July 10, 2009 

trade date. Accordingly, the last 

required submission of the DPTR will be 

on July 14, 2009, which is the second 

business day after the last trade date for 

which the DPTR is required. 

Separately, the Exchange notes that in 

connection with this proposed stated 

policy, the Exchange will not be 

implementing the proposed redefined 

program trading account type indicators 

(J and K) and will continue to use the 

existing J and K audit trail account 

types. Upon further analysis and based 

on industry input, the Exchange has 

determined that these redefined account 

type indicators do not enhance the 

regulatory audit trail because the 

proposed redefined J and K could 

subsume some of the other, more 

granular account type indicators that the 

Exchange currently receives. 

Accordingly, the Exchange sees no 

benefit to changing the current J and K 

account types. 

In lieu of DPTR, the Exchange will 

utilize existing account type indicator 

data—which captures program trade 

information for those orders that are 

submitted to and executed on the 

Exchange—to report to the Commission 

on a weekly basis the program trading 

statistics for portions of program trades 

executed on the Exchange. Accordingly, 

beginning on July 23, 2009, the 

Exchange will provide the Commission 

with its weekly statistics on program 

trading based on account type indicator 

data rather than DPTR data. Similarly, at 

the same time, the weekly statistics 

regarding program trades that the 

Exchange provides to media outlets will 

also be derived from account type 

indicator data rather than the DPTR. 

2. Statutory Basis 

The statutory basis for the proposed 

rule change is Section 6(b)(5) of the 

Act 9 which requires the rules of an 

exchange to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. In particular, because 

the Commission has previously 

approved the decommissioning of the 

DPTR, this rule filing simply 

implements a previously approved 

change. 

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 has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 10 and Rule 19b–4(f)(1) 11

thereunder. The proposed rule change 

effects a change that constitutes a stated 

policy, practice, or interpretation with 

respect to the meaning, administration, 

or enforcement of an existing rule. In 

particular, the Commission previously 

approved the elimination of the DPTR 

reporting requirements. The Exchange 

has delayed implementing that prior 

rule change and through this rule filing, 

announces its stated policy that July 10, 

2009 will be the last trade date for 

which member organizations will be 

required to file the DPTR. 

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–NYSE–2009–61 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2009–61. 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 NYSE. 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 publicly available. All 

submissions should refer to File 

Number SR–NYSE–2009–61 and should 

be submitted on or before July 23, 2009. 

31788 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

12 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15613 Filed 7–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6690] 

Designation and Determination Under 

the Foreign Missions Act 

Pursuant to the authority vested in the 

Secretary of State by the laws of the 

United States, including the Foreign 

Missions Act, 22 U.S.C. 4301 et seq., 

and delegated by the Secretary to me as 

one of the President’s principal officers 

for foreign affairs by Delegation of 

Authority No. 245–1 of February 13, 

2009, and at the direction of the 

Secretary of State, and after due 

consideration of the benefits, privileges, 

and immunities provided to missions of 

the United States abroad, as well as 

matters related to the protection of the 

interests of the United States, and at the 

request of foreign missions, I hereby 

designate exemption from real property 

taxes on property owned by foreign 

governments and used to house staff of 

permanent missions to the United 

Nations or the Organization of American 

States or of consular posts as a benefit 

for purposes of the Foreign Missions 

Act. I further determine that such 

exemption shall be provided to such 

foreign missions on such terms and 

conditions as may be approved by the 

Office of Foreign Missions and that any 

state or local laws to the contrary are 

hereby preempted. Prior inconsistent 

guidance is hereby rescinded. This 

action is in accord with the tax 

treatment of foreign government-owned 

property in the United States used as 

residences for staff of bilateral 

diplomatic missions, see Department of 

State, Notice: Property Owned by 

Diplomatic Missions and Used to House 

the Staff of Those Missions is Exempt 

from General Property Taxes, 51 FR 

27303 (July 30, 1986), and conforms to 

the general practice abroad of exempting 

government-owned property used for 

bilateral or multilateral diplomatic and 

consular mission housing. 

This action is necessary to facilitate 

relations between the United States and 

foreign states, to protect the interests of 

the United States, to allow for a more 

cost effective approach to obtaining 

benefits for U.S. missions abroad, and to 

assist in resolving a dispute affecting 

U.S. interests and involving foreign 

governments which assert that 

international law requires the 

exemption from taxation of such 

diplomatic and consular properties. The 

dispute has become a major irritant in 

the United States’ bilateral relations and 

threatens to cost the United States 

hundreds of millions of dollars in 

reciprocal taxation. As the largest 

foreign-government property owner 

overseas, the United States benefits 

financially much more than other 

countries from an international practice 

exempting staff residences from real 

property taxes, and it stands to lose the 

most if the practice is undermined. 

Responsive measures taken against the 

United States because of the dispute 

also have impeded significantly the 

State Department’s ability to implement 

urgent and congressionally mandated 

security improvements to our Nation’s 

diplomatic and consular facilities 

abroad, imposing unacceptable risks to 

the personnel working in those 

facilities. This action will allow the 

United States to press forward with 

improvements that will protect those 

who represent the Nation’s interests 

abroad. 

The exemption from real property 

taxes provided by this designation and 

determination shall apply to taxes that 

have been or will be assessed against 

any foreign government with respect to 

property subject to this determination, 

and shall operate to nullify any existing 

tax liens with respect to such property, 

but shall not operate to require refund 

of any taxes previously paid by any 

foreign government regarding such 

property. These actions are not 

exclusive and are independent of 

alternative legal grounds that support 

the tax exemption afforded herein. 

June 23, 2009. 

Jacob J. Lew, 

Deputy Secretary of State for Management 

and Resources, Department of State. 

[FR Doc. E9–15818 Filed 7–1–09; 8:45 am] 

BILLING CODE 4710–43–P 

DEPARTMENT OF STATE 

[Public Notice 6689] 

In the Matter of the Designation of 

Kata’ib Hizballah (and Other Aliases) 

as a Foreign Terrorist Organization 

Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter, and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that there is a 

sufficient factual basis to find that the 

relevant circumstances described in 

section 219 of the Immigration and 

Nationality Act, as amended (hereinafter 

‘‘INA’’) (8 U.S.C. 1189), exist with 

respect to Kata’ib Hizballah (and other 

aliases). 

Therefore, I hereby designate that 

organization and its aliases as a foreign 

terrorist organization pursuant to 

section 219 of the INA. 

This determination shall be published 

in the Federal Register. 

Dated: June 24 2009. 

James Steinberg, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–15661 Filed 7–1–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice 6688] 

In the Matter of the Designation of 

Kata’ib Hizballah (and Other Aliases) 

as a Specially Designated Global 

Terrorist Pursuant to Section 1(b) of 

Executive Order 13224, as Amended 

Acting under the authority of and in 

accordance with section 1(b) of 

Executive Order 13224 of September 23, 

2001, as amended by Executive Order 

13268 of July 2, 2002, Executive Order 

13284 of January 23, 2003, and 

Executive Order 13372 of February 16, 

2005, I hereby determine that the 

organization known as Kata’ib Hizballah 

(and other aliases) has committed, or 

poses a significant risk of committing, 

acts of terrorism that threaten the 

security of U.S. nationals or the national 

security, foreign policy, or economy of 

the United States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘for those persons * * * determined to 

be subject to the order who might have 

a constitutional presence in the United 

States * * * prior notice to such 

persons of measures to be taken 

pursuant to this order would render 

these measures ineffectual,’’ I determine 

that no prior notice needs to be 

provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States, because to do so would render 

ineffectual the measures authorized in 

the Order. 

This notice shall be published in the 

Federal Register.