Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Schedule of Fees and Charges for Exchange Services That Apply to the Primary Only Plus Order, 62579-62581 [E8-24739]
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<![CDATA[
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
Affiliated Family may give instructions
to reapportion their net debit caps
among themselves, they cannot
reallocate to any one Participant a debit
cap that is greater than the DTC system
calculated net debit cap for that
Participant.
DTC believes that the proposed rule
change is consistent with the
requirements of Section 17A of the
Act 10 and the rules and regulations
thereunder applicable to DTC because it
should assure the safeguarding of
securities and funds in DTC’s custody or
control or for which it is responsible by
increasing DTC’s liquidity resources to
enable it to complete settlement in the
event of a failure of a financial family
of affiliated Participants.
IV. Solicitation of Comments
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
Paper Comments
DTC believes that the proposed rule
change will not impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act. The risk mitigation
effects of the proposed change do not
impose any unreasonable or
inappropriate burden on competition.
The revised net debit cap limits and
increased Participant Fund are allocated
among those entities whose
interdependencies have raised concern.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The proposed rule change has been
discussed with several Participants.
Written comments relating to the
proposed rule change have been
received by DTC and are addressed by
the proposed rule change. DTC will
notify the Commission if it receives
additional comments.
mstockstill on PROD1PC66 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within thirty-five 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
ninety 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.
10 15
U.S.C. 78q–1.
VerDate Aug<31>2005
17:06 Oct 20, 2008
Jkt 217001
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
62579
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–24972 Filed 10–20–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–DTC–2008–12 on the
subject line.
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
[Release No. 34–58770; File No. SR–
NYSEArca–2008–103]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Schedule of
Fees and Charges for Exchange
Services That Apply to the Primary
Only Plus Order
October 10, 2008.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
All submissions should refer to File
notice is hereby given that on
Number SR–DTC–2008–12. This file
September 29, 2008, NYSE Arca, Inc.
number should be included on the
(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
subject line if e-mail is used. To help the with the Securities and Exchange
Commission (‘‘Commission’’) the
Commission process and review your
proposed rule change as described in
comments more efficiently, please use
only one method. The Commission will Items I, II, and III below, which Items
post all comments on the Commission’s have been substantially prepared by the
Exchange. The Exchange filed the
Internet Web site (https://www.sec.gov/
proposed rule change pursuant to
rules/sro.shtml). Copies of the
Section 19(b)(3)(A) of the Act 3 and Rule
submission, all subsequent
19b–4(f)(2) thereunder,4 which renders
amendments, all written statements
the proposal effective upon filing with
with respect to the proposed rule
the Commission. The Commission is
change that are filed with the
publishing this notice to solicit
Commission, and all written
comments on the proposed rule change
communications relating to the
from interested persons.
proposed rule change between the
Commission and any person, other than I. Self-Regulatory Organization’s
those that may be withheld from the
Statement of the Terms of Substance of
the Proposed Rule Change
public in accordance with the
provisions of 5 U.S.C. 552, will be
NYSE Arca proposes to add new fees
available for inspection and copying in
to the Schedule of Fees and Charges for
the Commission’s Public Reference
Exchange Services (the ‘‘Schedule’’) that
Section, 100 F Street, NE., Washington,
apply to the new Primary Only Plus
DC 20549, on official business days
(‘‘PO+’’) Order type. The text of the
between the hours of 10 a.m and 3 p.m.
proposed rule change is available at
Copies of such filing also will be
NYSE Arca, the Commission’s Public
available for inspection and copying at
Reference Room, and https://
the principal office of DTC and on
www.nyse.com.
DTC’s Web site at https://www.dtcc.com/
II. Self-Regulatory Organization’s
downloads/legal/rule_filings/2008/dtc/
Statement of the Purpose of, and
2008–12.pdf. All comments received
Statutory Basis for, the Proposed Rule
will be posted without change; the
Change
Commission does not edit personal
In its filing with the Commission, the
identifying information from
Exchange included statements
submissions. You should submit only
information that you wish to make
11 17 CFR 200.30–3(a)(12).
available publicly. All submissions
1 15 U.S.C. 78s(b)(1).
should refer to File Number SR–DTC–
2 17 CFR 240.19b–4.
2008–12 and should be submitted on or
3 15 U.S.C. 78s(b)(3)(A).
before November 12, 2008.
4 17 CFR 240.19b–4(f)(2).
PO 00000
Frm 00119
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E:\FR\FM\21OCN1.SGM
21OCN1
62580
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
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 aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
mstockstill on PROD1PC66 with NOTICES
1. Purpose
The Exchange recently filed for
approval by the Commission a new
order type known as the PO+ Order.5
The PO+ Order is an enhanced version
of the Primary Only (‘‘PO’’) Order,
which is a market or limit order that is
routed to the primary, listing market,
without sweeping the NYSE Arca book.6
PO Orders are a form of directed order,
and are only eligible for participation in
the primary listing market’s opening.
The PO+ Order allows Equity Trading
Permit (‘‘ETP’’) Holders to route an
order to the primary listing market at
any time during the primary market’s
trading session. The PO+ Order is
intended to provide additional
flexibility and increased system
functionality for NYSE Arca Users 7 by
modifying the operability and eligibility
of PO Orders.
In anticipation of the approval of the
PO Plus Order type filing by the
Commission, the Exchange proposes to
add new fees to the Schedule. The
proposal establishes a fee of $0.0008 for
PO+ Orders routed to the NYSE during
the core trading session that remove
liquidity from the NYSE Order Book. No
fee will be charged for Primary Only
(‘‘PO’’) and PO+ Orders routed to the
NYSE for participation in the opening.
Additionally, there will be no fee
charged for PO+ Orders routed to the
NYSE that provide liquidity the NYSE
Order Book. The Exchange proposes a
$0.0004 per share fee for PO+ MarketOn-Close and Limit-On-Close Orders
routed to the NYSE. Finally, the
Exchange proposes a $0.0004 per share
fee for odd-lots and partial odd-lots in
5 See Securities Exchange Act Release No. 58431
(August 27, 2008), 73 FR 51681 (September 4, 2008)
(notice of filing for SR–NYSEArca–2008–90).
6 See NYSE Arca Equities Rule 7.31(x).
7 See NYSE Arca Equities Rule 1.1(yy) for the
definition of ‘‘User.’’ Under Rule 1.1(yy), the term
User means any ETP Holder or Sponsored
Participant who is authorized to obtain access to the
NYSE Marketplace pursuant to NYSE Arca Equities
Rule 7.29. PO Orders, similar to all other order
types offered by the Exchange, are available only to
authorized Users.
VerDate Aug<31>2005
17:06 Oct 20, 2008
Jkt 217001
PO Orders and PO+ Orders routed to the
NYSE.
The Exchange believes that the
proposed fees will foster additional
flexibility and increased system
functionality for NYSE Arca Users. The
Exchange further believes that the
proposed fees and credits are reasonable
and that the proposed changes to the
Schedule are equitable in that they
apply uniformly to our Users.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of Section 6(b) of the
Act,8 in general, and Section 6(b)(4) of
the Act,9 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees, and
other charges among its members and
other persons using its facilities. The
Exchange believes that the proposed
fees and credits are reasonable. The
proposed rates further the objectives of
Regulation NMS by promoting
competition and granting fair and equal
access to all exchange participants. The
Exchange also believes that the
proposed changes to the Schedule are
equitable in that they apply uniformly
to our Users.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NYSE Arca 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 proposed rule change is
effective upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and Rule
19b–4(f)(2) thereunder,11 because it
establishes or changes a due, fee, or
other charge applicable only to a
member imposed by the Exchange. At
any time within 60 days of the filing of
the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
10 15 U.S.C. 78s(b)(3)(A)(ii).
11 17 CFR 240.19b–4(f)(2).
9 15
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2008–103 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2008–103. 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 (https://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, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of such 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 No. SR–NYSEArca–
2008–103 and should be submitted on
or before November 12, 2008.
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–24739 Filed 10–20–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
e-Smart Technologies, Inc.; Order of
Suspension of Trading
October 17, 2008.
mstockstill on PROD1PC66 with NOTICES
It appears to the Securities and
Exchange Commission that the public
interest and the protection of investors
require a suspension of trading in the
securities of e-Smart Technologies, Inc.
(‘‘e-Smart,’’ trading symbol ESMT).
Questions have arisen concerning the
accuracy and adequacy of publiclyavailable information about the
company, particularly concerning: (1) eSmart’s statements concerning a large
supply contract for 20 million units of
its product, contained in a February 26,
2008, press release, a March 13, 2008,
Current Report on Form 8–K and a May
15, 2008, news article, all of which are
available on e-Smart’s Web site; and (2)
e-Smart’s failure to make required
periodic filings with the Commission of
information required pursuant to the
Securities Exchange Act of 1934 for any
period since the period ending
September 30, 2007. Questions have
also arisen concerning a possible
distribution of e-Smart’s common stock
without registration under the Securities
Act of 1933.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed company is
suspended for the period of 9:30 a.m.
EDT on October 17, 2008, through 12:59
p.m. EDT on October 30, 2008.
By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8–25144 Filed 10–17–08; 4:15 pm]
BILLING CODE 8011–01–P
12 17
17:06 Oct 20, 2008
[Disaster Declaration #11430 and #11431]
Texas Disaster Number TX–00308
U.S. Small Business
Administration.
ACTION: Amendment 2.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for the State of Texas (FEMA–
1791–DR), dated 09/13/2008.
Incident: Hurricane Ike.
Incident Period: 09/07/2008 through
10/02/2008.
EFFECTIVE DATE: 10/09/2008.
Physical Loan Application Deadline
Date: 11/12/2008.
EIDL Loan Application Deadline Date:
06/15/2009.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the Presidential disaster declaration
for the State of Texas, dated 09/13/2008
is hereby amended to include the
following areas as adversely affected by
the disaster:
Primary Counties: (Physical Damage
and Economic Injury Loans):
Gregg, Harrison, Shelby, Smith, Rusk.
Contiguous Counties/Parishes:
(Economic Injury Loans Only):
Texas: Marion, Panola, Upshur, Van
Zandt, Wood.
Louisiana: Caddo, DeSoto.
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Herbert L. Mitchell,
Associate Administrator for Disaster
Assistance.
[FR Doc. E8–25001 Filed 10–20–08; 8:45 am]
BILLING CODE 8025–01–P
Jkt 217001
disaster for the State of Illinois (FEMA–
1800–DR), dated 10/03/2008.
Incident: Severe Storms and Flooding.
Incident Period: 09/13/2008 and
continuing through 10/05/2008.
EFFECTIVE DATE: 10/05/2008.
Physical Loan Application Deadline
Date: 12/02/2008.
EIDL Loan Application Deadline Date:
07/03/2009.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of Illinois,
dated 10/03/2008 is hereby amended to
establish the incident period for this
disaster as beginning 09/13/2008 and
continuing through 10/05/2008.
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Herbert L. Mitchell,
Associate Administrator for Disaster
Assistance.
[FR Doc. E8–25003 Filed 10–20–08; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #11432 and #11433]
Louisiana Disaster Number LA–00021
U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for the State of Louisiana
(FEMA–1792–DR), dated 09/13/2008.
Incident: Hurricane Ike.
Incident Period: 09/11/2008 and
continuing.
10/10/2008.
Physical Loan Application Deadline
Date: 11/12/2008.
EIDL Loan Application Deadline Date:
06/15/2009.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
EFFECTIVE DATE:
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #11469 and #11470]
Illinois Disaster Number IL–00019
U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
SMALL BUSINESS ADMINISTRATION
PO 00000
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Sfmt 4703
62581
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62579-62581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24739]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-58770; File No. SR-NYSEArca-2008-103]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its
Schedule of Fees and Charges for Exchange Services That Apply to the
Primary Only Plus Order
October 10, 2008.
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 September 29, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``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 substantially prepared by the Exchange. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(2) 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.
---------------------------------------------------------------------------
\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 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NYSE Arca proposes to add new fees to the Schedule of Fees and
Charges for Exchange Services (the ``Schedule'') that apply to the new
Primary Only Plus (``PO+'') Order type. The text of the proposed rule
change is available at NYSE Arca, the Commission's Public Reference
Room, and https://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
[[Page 62580]]
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 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 recently filed for approval by the Commission a new
order type known as the PO+ Order.\5\ The PO+ Order is an enhanced
version of the Primary Only (``PO'') Order, which is a market or limit
order that is routed to the primary, listing market, without sweeping
the NYSE Arca book.\6\ PO Orders are a form of directed order, and are
only eligible for participation in the primary listing market's
opening. The PO+ Order allows Equity Trading Permit (``ETP'') Holders
to route an order to the primary listing market at any time during the
primary market's trading session. The PO+ Order is intended to provide
additional flexibility and increased system functionality for NYSE Arca
Users \7\ by modifying the operability and eligibility of PO Orders.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 58431 (August 27,
2008), 73 FR 51681 (September 4, 2008) (notice of filing for SR-
NYSEArca-2008-90).
\6\ See NYSE Arca Equities Rule 7.31(x).
\7\ See NYSE Arca Equities Rule 1.1(yy) for the definition of
``User.'' Under Rule 1.1(yy), the term User means any ETP Holder or
Sponsored Participant who is authorized to obtain access to the NYSE
Marketplace pursuant to NYSE Arca Equities Rule 7.29. PO Orders,
similar to all other order types offered by the Exchange, are
available only to authorized Users.
---------------------------------------------------------------------------
In anticipation of the approval of the PO Plus Order type filing by
the Commission, the Exchange proposes to add new fees to the Schedule.
The proposal establishes a fee of $0.0008 for PO+ Orders routed to the
NYSE during the core trading session that remove liquidity from the
NYSE Order Book. No fee will be charged for Primary Only (``PO'') and
PO+ Orders routed to the NYSE for participation in the opening.
Additionally, there will be no fee charged for PO+ Orders routed to the
NYSE that provide liquidity the NYSE Order Book. The Exchange proposes
a $0.0004 per share fee for PO+ Market-On-Close and Limit-On-Close
Orders routed to the NYSE. Finally, the Exchange proposes a $0.0004 per
share fee for odd-lots and partial odd-lots in PO Orders and PO+ Orders
routed to the NYSE.
The Exchange believes that the proposed fees will foster additional
flexibility and increased system functionality for NYSE Arca Users. The
Exchange further believes that the proposed fees and credits are
reasonable and that the proposed changes to the Schedule are equitable
in that they apply uniformly to our Users.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Act,\8\ in general, and
Section 6(b)(4) of the Act,\9\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
The Exchange believes that the proposed fees and credits are
reasonable. The proposed rates further the objectives of Regulation NMS
by promoting competition and granting fair and equal access to all
exchange participants. The Exchange also believes that the proposed
changes to the Schedule are equitable in that they apply uniformly to
our Users.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NYSE Arca 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 proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and Rule 19b-
4(f)(2) thereunder,\11\ because it establishes or changes a due, fee,
or other charge applicable only to a member imposed by the Exchange. At
any time within 60 days of the filing of the 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2008-103 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2008-103. 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 (https://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, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
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 No. SR-NYSEArca-2008-103 and should be submitted on or before
November 12, 2008.
[[Page 62581]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-24739 Filed 10-20-08; 8:45 am]
BILLING CODE 8011-01-P
