Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37285 

34 15 U.S.C. 78s(b)(2). 

35 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3A Member is any registered broker or dealer that 

has been admitted to membership in the Exchange. 

4Each pair of ports will consist of one port at the 

Exchange’s primary data center and one port at the 

Exchange’s secondary data center. 

5BATS FIX ports are the only ports that may be 

used to send orders and related instructions to the 

Exchange. All other port types, including Multicast 

PITCH and GRP Ports, permit Members and nonmembers to receive information from the Exchange. 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

well as the fact that those currently 

trading as RCMMs or CTs may choose 

to continue trading in another role as 

members of the Exchange—the 

Commission believes that the 

Exchange’s decision to eliminate 

RCMMs and CTs from the Exchange is 

reasonable and within the business 

judgment of the Exchange, and is 

consistent with the Act. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,34 that the 

proposed rule change (SR–NYSE–2009– 

08) be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.35

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17879 Filed 7–27–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60364; File No. SR–BATS– 

2009–026] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing of 

Proposed Rule Change To Amend 

BATS Fee Schedule to Impose Fees for 

Ports Used for Order Entry and Receipt 

of Market Data 

July 22, 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 July 21, 

2009, BATS Exchange, Inc. (‘‘BATS’’ or 

the ‘‘Exchange’’) 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 Exchange. 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 has filed a proposed 

rule change to amend the fee schedule 

applicable to Members 3 and nonmembers of the Exchange pursuant to 

BATS Rules 15.1(a) and (c). Pursuant to 

the proposed rule change the Exchange 

will commence charging fees to 

Members and non-members for ports 

used to enter orders into Exchange 

systems and to receive data from the 

Exchange. The Exchange will 

implement the proposed rule change on 

the first day of the month immediately 

following Commission approval (or on 

the date of approval, if on the first 

business day of a month). 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.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 

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 

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 the proposed rule 

change is to begin charging a monthly 

fee for ports used to enter orders in the 

Exchange’s trading system and to 

receive data from the Exchange. The 

Exchange proposes to charge $250.00 

per month per pair 4 of any port type 

other than a Multicast PITCH Spin 

Server Port or a GRP Port. Thus, this 

proposed charge will apply to all 

Exchange FIX, FIXDROP, DROP, TCP 

PITCH, TCP FAST PITCH and TOP 

ports.5 In addition, the Exchange 

proposes to provide all Exchange 

constituents that receive the Exchange’s 

Multicast PITCH Feed with 12 pairs of 

Multicast PITCH Spin Server Ports free 

of charge and, if such ports are used, 

one free pair of GRP Ports. The 

Exchange proposes to charge such 

customers $250.00 per month per 

additional pair of GRP Ports or 

additional set of 12 pairs of Multicast 

PITCH Spin Server Ports. The 

Exchange’s proposal to provide certain 

ports free of charge to Multicast Pitch 

customers is designed to encourage use 

of the Exchange’s Multicast PITCH Feed 

because such feed is a relatively new 

offering by the Exchange and because 

the Exchange believes that the feed is its 

most efficient feed, and thus, will 

reduce infrastructure costs for both the 

Exchange and those who utilize the 

feed. Any Member or non-member that 

has entered into the appropriate 

agreements with the Exchange is 

permitted to receive Multicast Pitch 

Spin Server Ports and GRP Ports from 

the Exchange. 

Based on the proposal, the change 

applies to Members that obtain ports for 

direct access to the Exchange, nonmember service bureaus that act as a 

conduit for orders entered by Exchange 

Members that are their customers, and 

market data recipients. The Exchange 

has previously provided ports free of 

charge to all Members and non-members 

that use such ports for order entry to the 

Exchange or for receipt of market data. 

However, over time, the Exchange’s 

infrastructure costs have increased. In 

addition, the Exchange believes that 

providing ports free of charge has not 

encouraged Members and non-members 

to reserve and maintain ports efficiently, 

but rather, has led to a significant 

number of ports that are reserved and 

enabled by such market participants but 

are never used or are under used. 

Accordingly, the Exchange believes that 

the imposition of port fees will help the 

Exchange to continue to maintain and 

improve its infrastructure, while also 

encouraging Exchange customers to 

request and enable only the ports that 

are necessary for their operations related 

to the Exchange. 

2. Statutory Basis 

The rule change proposed in this 

submission is consistent with the 

requirements of the Act and the rules 

and regulations thereunder that are 

applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6(b) of the Act.6

Specifically, the Exchange believes that 

the proposed change is consistent with 

Section 6(b)(4) of the Act,7 because it 

provides an equitable allocation of 

reasonable dues, fees, and other charges 

among its members and other persons 

using its facilities. The Exchange 

believes that its proposed port fees are 

reasonable in light of the benefits to 

members of direct market access and 

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37286 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

8Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (SR–NYSEArca–2006–21). 9 17 CFR 200.30–3(a)(12). 

receipt of data, which data, other than 

the proposed access fee, is currently 

provided free of charge. In addition, the 

Exchange believes that its fees are 

equitably allocated among its 

constituents based upon the number of 

access ports that they require to submit 

orders to the Exchange or receive data 

from the Exchange. The Exchange 

believes that its fees for access services 

will enable it to better cover its 

infrastructure costs and to improve its 

market technology and services. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

Fees for market access will be a 

component of the overall fees charged 

by the Exchange to execute and route 

orders through the Exchange. As the 

Commission has recognized, the market 

for execution and routing services is 

extremely competitive.8 Market 

participants that choose not to connect 

directly to the Exchange can readily 

access liquidity available on the 

Exchange by directing their order flow 

to other venues that, under Regulation 

NMS, must route to the Exchange if it 

has posted the best price. Accordingly, 

the Exchange must set its fees, including 

access service fees, at a level that will 

not deter market participants from 

connecting to the Exchange; otherwise, 

potential users of the Exchange’s 

services will simply direct order flow to 

the Exchange’s multiple competitors. In 

addition, the Exchange believes that the 

proposed port fees are consistent with 

or less than the port fees charged by its 

competitors. With respect to market 

data, the Exchange does not charge any 

fees for such data. Although it will now 

begin imposing a fee related to access to 

such data, for market participants that 

receive such data directly from the 

Exchange, the Exchange believes that its 

free provision of data justifies such 

market participants paying some 

amount in order to help the Exchange 

offset the infrastructure costs of 

providing such data. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change, or 

B. institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–BATS–2009–026 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–BATS–2009–026. 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 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–BATS–2009–026 and 

should be submitted on or before 

August 18, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17865 Filed 7–27–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6708] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Eccentric Visions: The Worlds of Luo 

Ping (1733–1799)’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Eccentric 

Visions: The Worlds of Luo Ping (1733– 

1799),’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at the Metropolitan Museum of 

Art, New York, NY, from on or about 

October 6, 2009, until on or about 

January 10, 2010, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

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