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NSX Releases October 2010 ETF Data Reports

November 3, 2010--Highlights from the October report include:
Assets in U.S. listed Exchange-Traded Funds (ETF) and Exchange-Traded Notes (ETN) reached a record of $940.4 billion at October 2010 month-end. This is an increase of approximately 33% over October 2009 month-end when assets totaled $707.4 billion.

ETF/ETN notional trading volume during October 2010 totaled $1.35 trillion, representing 28% of all U.S. equity trading volume.

Total Global/Int'l Equities and Total U.S. Equities led all product categories with approximately $8.3 billion and $2.1 billion, respectively, in net cash inflows.

ETF net cash flows for the month totaled over $13 billion, bringing the year to date total to approximately $88.7 billion.

At the end of October 2010, there were 1066 listed products.

Visit www.nsx.com for more info

Treasury Assistant Secretary for Financial Markets Mary Miller

November 3, 2010- The U.S. Department of the Treasury is offering $72 billion of Treasury securities to refund approximately $13.8 billion of privately held securities maturing on November 15, 2010. This will raise approximately $58.2 billion. The securities are:
A 3-year note in the amount of $32 billion, maturing November 15, 2013;

A 10-year note in the amount of $24 billion, maturing November 15, 2020; and

A 30-year bond in the amount of $16 billion, maturing November 15, 2040.

The 3-year note will be auctioned on a yield basis at 1:00 p.m. EST on Monday, November 8, 2010. The 10-year note will be auctioned on a yield basis at 1:00 p.m. EST on Tuesday, November 9, 2010, and the 30-year bond will be auctioned on a yield basis at 1:00 p.m. EST on Wednesday, November 10, 2010. All of these auctions will settle on Monday, November 15, 2010.

The balance of Treasury financing requirements will be met with the regular weekly bill auctions, the regular monthly nominal coupon security auctions, the November 10-year TIPS reopening auction and the January 10-year TIPS auction.

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view Average Maturity of Treasury Marketable Securities--Total Outstanding (in months)

SEC Proposes New Whistleblower Program Under Dodd-Frank Act

November 3, 2010--The Securities and Exchange Commission today voted unanimously to propose a whistleblower program to reward individuals who provide the agency with high-quality tips that lead to successful enforcement actions.

The SEC’s proposed rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act maps out a simple, straightforward procedure for would-be whistleblowers to provide critical information to the agency. It conveys how would-be whistleblowers can qualify for an award through a transparent process that provides them a meaningful opportunity to assert their claim to an award.

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view Proposed Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934

ELX Market Share Soars in Two-Year U.S. Treasury Futures Contract

November 3, 2010--ELX Futures, L.P. (ELX) announced today that it has set a new market share record in its two-year U.S. Treasury Futures contract, with market share soaring to 13.4% on Tuesday, November 2, 2010.

This milestone follows new records in open interest (OI) and volume for ELX's Eurodollar Futures contract, which exceeded 100,000 contracts in October, with OI more than doubling every month since its launch in June 2010.

Neal Wolkoff, Chief Executive Officer of ELX Futures, said, "ELX has seen a surge in momentum in our futures products, achieving several new milestones in recent weeks. The surge in volume in our two-year Treasury note and new records in our Eurodollar Futures contract is a testament to the great interest by market participants for an alternative futures marketplace."

SEC Proposes New Rule to Prevent Fraud in Connection with Security-Based Swaps

November 3, 2010--The Securities and Exchange Commission today voted unanimously to propose a new rule to help prevent fraud, manipulation, and deception in connection with security-based swaps.

The rule is proposed under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which generally authorizes the SEC to regulate security-based swaps. The proposal would ensure that market conduct in connection with the offer, purchase or sale of any security-based swap is subject to the same general anti-fraud provisions that apply to all securities. And it also would explicitly reach misconduct in connection with ongoing payments and deliveries under a security-based swap.

“The proposed rule would be an important means to ensure that the security-based swap market operates with integrity, and that the SEC has the ability to respond through enforcement to a range of potentially fraudulent conduct,” said SEC Chairman Mary L. Schapiro.

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view Prohibition Against Fraud, Manipulation, and Deception in Connection with Security-Based Swaps rule proposal

SEC Publishes Request for Comment on President's Working Group Report on Money Market Fund Reform Options

November 3, 2010--The Securities and Exchange Commission today published a request for public comment on the options discussed in the President's Working Group on Financial Markets report on possible money market fund reforms.

As contemplated by the President's Working Group report, the SEC is requesting public comment on the options described in the report, including the effectiveness of the options in mitigating any systemic risk or susceptibility to runs associated with money market funds, as well as their potential impact on money market fund investors, fund managers, issuers of short-term debt, and other stakeholders. Comment received will assist the SEC and the Financial Stability Oversight Council in their further analysis.

The public comment period will remain open for 60 days following publication of the comment request in the Federal Register.

view Request for Comment and PWG Report on Money Market Fund Reform

SEC Adopts New Rule Preventing Unfiltered Market Access

November 3, 2010-- The Securities and Exchange Commission today voted unanimously to adopt a new rule to require brokers and dealers to have risk controls in place before providing their customers with access to the market.

The new rule focuses on a practice in which broker-dealers hand their customer a special pass to access the markets called a market participant identifier. The customer then gains direct access to the applicable exchange or alternative trading system (ATS), also known as “sponsored access.”

The rule approved today prohibits broker-dealers from providing customers with “unfiltered” or “naked” access to an exchange or ATS. It also requires brokers with market access — including those who sponsor customers’ access to an exchange or ATS — to put in place risk management controls and supervisory procedures to help prevent erroneous orders, ensure compliance with regulatory requirements, and enforce pre-set credit or capital thresholds.

“I have previously likened unfiltered access to giving your car keys to a friend who doesn't have a license and letting him drive unaccompanied,” said SEC Chairman Mary L. Schapiro. “This rule requires that broker-dealers not only remain in the car, but also maintain control of it so we can all be assured the rules of the road will be observed before the car is ever put into drive.”

Through sponsored access —especially “unfiltered” or “naked” sponsored access arrangements — there is the potential that financial, regulatory and other risks associated with the placement of orders are not being appropriately managed. Of particular concern is the quality of broker-dealer risk controls in “unfiltered” access arrangements. In some cases, the broker may be relying on assurances from its customer that the customer has appropriate risk controls in place.

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FactorShares files with the SEC-FactorShares 2X: Gold Bull/S&P500 Bear

November 3, 2010---FactorShares have filed a pre-effective amendment No. 3 to Form S-1 for FactorShares 2X: Gold Bull/S&P500 Bear.

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FactorShares files with the SEC-FactorShares 2X: Oil Bull/S&P500 Bear

November 3, 2010--FactorShares have filed a pre-effective amendment No. 3 to Form S-1 for FactorShares 2X: Oil Bull/S&P500 Bear.

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FactorShares files with the SEC -FactorShares 2X: S&P500 Bull/TBond Bear

November 3, 2010--FactorShares have filed a pre-effective amendment No. 3 to Form S-1 for FactorShares 2X: S&P500 Bull/TBond Bear.

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FactorShares files with the SEC

November 3, 2010--FactorShares have filed a pre-effective amendment No. 3 to Form S-1 for FactorShares 2X: TBond Bull/S&P500 Bear.

view filing

FactorShares files with the SEC

November 3, 2010--FactorShares has filed a pre-effective amendment No. 3 to Form S-1 for
FactorShares 2X: S&P500 Bull/TBond Bear.

view filing

Northern Trust files with the SEC

November 3, 2010--Northern Trust Investments has filed an amended and restarted application for exemptive relief with the SEC for the NT ETF Trust.

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Remarks before FIA Futures and Options Expo, Chicago, IL-Chairman Gary Gensler

November 3, 2010-Good morning. I thank the Futures Industry Association for inviting me to speak today, and I thank John Damgard for that very kind introduction. Since I last spoke before the FIA, Congress passed historic reform to bring comprehensive oversight to the swaps marketplace.

Before I discuss the details of reform, I'd like to thank my fellow Commissioners and CFTC staff for all of their hard work on the Dodd-Frank Wall Street Reform and Consumer Protection Act and on its implementation. I’d also like to recognize my fellow Commissioners in the audience: Mike Dunn, Jill Sommers and Bart Chilton.

In bringing oversight to the swaps market, Congress built upon strengths from the futures marketplace. Futures and swaps are both derivatives. It is only natural that Congress would treat them similarly and apply similar protections to both markets.

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CFTC to Hold Open Meeting on Fourth Series of Proposed Rules under the Dodd-Frank Act

November 3, 2010--The Commodity Futures Trading Commission (CFTC) will hold a public meeting to consider the issuance of proposed rulemakings under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

When:Wednesday, November 10, 2010, 1:00 PM (ET)

Where: CFTC’s Hearing Room, 1155 21st, NW, Washington DC

Topic: Fourth Series of Proposed Rulemakings under the Dodd-Frank Act

This event is open to the public.

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