Fee Rate Advisory #3 for Fiscal Year 2009

FOR IMMEDIATE RELEASE
2009-41

Washington, D.C., March 4, 2009 — Effective on April 1, 2009, or 30 days after the date of enactment of the Commission's regular appropriation for FY 2009, whichever is later, the Section 31 fee rate applicable to securities transactions on the exchanges and over-the-counter markets will increase to $25.70 per million dollars. Until that date, the current rate of $5.60 per million dollars will remain in effect. The Section 31 assessment on security futures transactions will remain unchanged at $0.0042 per round turn transaction.

A copy of the Commission's Feb. 27, 2009, order regarding the mid-year fee adjustment for fiscal year 2009 is available at http://www.sec.gov/rules/other/2009/34-59477.pdf. As explained more fully in the order, the Commission is required to adjust the Section 31 fee rate based on the estimated dollar volume of securities sales for FY 2009. The Commission consulted with the Congressional Budget Office and the Office of Management and Budget regarding the calculation of the mid-year adjustment, as required by Section 31(j)(2) of the Act. The Commission's calculation methodology is described in the order.

Section 31(k) of the Act requires the Commission to continue to collect transaction fees at the previous year's rate until 30 days after the date of enactment of the Commission's regular appropriation for FY 2009. The Commission will publish the effective date of the new rate announced today once the Commission's regular appropriation for FY 2009 is enacted.

The Office of Interpretation and Guidance in the Commission's Division of Trading and Markets is also available for questions on Section 31 fees at (202) 551-5777, or by e-mail at tradingandmarkets@sec.gov.

The Commission will announce the FY 2010 rates for fees paid under Section 6(b) of the Securities Act of 1933 and Sections 13(e), 14(g), and 31 of the Securities Exchange Act of 1934 no later than April 30, 2009. Those rates will become effective on Oct. 1, 2009, or after the date of enactment of the Commission's regular appropriation for FY 2010, whichever comes later.

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