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]

Download as PDF 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 (http://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 (http://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 http:// the principal office of DTC and on www.nyse.com. DTC’s Web site at http://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 Fmt 4703 Sfmt 4703 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 (http://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 (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, 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 Frm 00121 Fmt 4703 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 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

[[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 (http://
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 (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, 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\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-24739 Filed 10-20-08; 8:45 am]
BILLING CODE 8011-01-P