Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Adding Liquidity Only Order, 4274-4276 [E9-1300]
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4274
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
intends to continue trading the MNX,
NDX, RUT and RMN products, it does
not believe that, at this time, the
language in the related footnotes should
be included on the Summary of Equity
Option fee schedule.
The Exchange has decided for
business purposes to exclude the
current U. S. dollar-settled foreign
currency option transaction and
comparison charges from the $60,000
Firm-Related Equity Option and Index
Option Cap calculation. The Exchange
believes that it can continue to attract
this business without offering the cap,
which should also help to raise revenue.
2. Statutory Basis
The Exchange believes that its
proposal to amend its schedule of fees
is consistent with Section 6(b) of the
Act 14 in general, and furthers the
objectives of Section 6(b)(4) of the Act 15
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members. By
amending the Exchange’s fee schedule
and adding nominal fees and deleting
fees and text the Exchange no longer
deems necessary, the Exchange believes
that members and member organizations
should benefit from the proposals
described herein.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition 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 either
solicited or received.
mstockstill on PROD1PC66 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 16 and
paragraph (f)(2) of Rule 19b–4 17
thereunder. 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,
1415
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
16 15 U.S.C. 78s(b)(3)(A)(ii).
17 17 CFR 240.19b–4(f)(2).
1515
VerDate Nov<24>2008
18:32 Jan 22, 2009
Jkt 217001
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1297 Filed 1–22–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59234; File No. SR–
NYSEArca–2008–140]
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–Phlx–2008–86 on the
subject line.
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending the Adding
Liquidity Only Order
January 12, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate
notice is hereby given that on December
to Elizabeth M. Murphy, Secretary,
29, 2008, NYSE Arca, Inc. (‘‘NYSE
Securities and Exchange Commission,
Arca’’ or ‘‘Exchange’’) filed with the
Station Place, 100 F Street, NE.,
Securities and Exchange Commission
Washington, DC 20549–1090.
(‘‘Commission’’) the proposed rule
change as described in Items I and II
All submissions should refer to File
below, which Items have been prepared
Number SR–Phlx–2008–86. This file
by NYSE Arca. NYSE Arca filed the
number should be included on the
subject line if e-mail is used. To help the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
Commission process and review your
19b–4(f)(6) thereunder,4 which renders
comments more efficiently, please use
it effective upon filing with the
only one method. The Commission will
post all comments on the Commission’s Commission. The Commission is
publishing this notice to solicit
Internet Web site (https://www.sec.gov/
comments on the proposed rule change
rules/sro.shtml). Copies of the
from interested persons.
submission, all subsequent
amendments, all written statements
I. Self-Regulatory Organization’s
with respect to the proposed rule
Statement of the Terms of Substance of
change that are filed with the
the Proposed Rule Change
Commission, and all written
The Exchange proposes to amend
communications relating to the
Rule 7.31(nn), the Adding Liquidity
proposed rule change between the
Commission and any person, other than Only Order (‘‘ALO Order’’). The text of
the proposed rule is attached as Exhibit
those that may be withheld from the
5. A copy of this filing is available on
public in accordance with the
the Exchange’s Web site at https://
provisions of 5 U.S.C. 552, will be
www.nyse.com, at the Exchange’s
available for inspection and copying in
principal office and at the Commission’s
the Commission’s Public Reference
Public Reference Room.
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
II. Self-Regulatory Organization’s
between the hours of 10 a.m. and 3 p.m. Statement of the Purpose of, and
Copies of such filing also will be
Statutory Basis for, the Proposed Rule
available for inspection and copying at
Change
the principal office of the Exchange. All
In its filing with the Commission,
comments received will be posted
NYSE Arca included statements
without change; the Commission does
concerning the purpose of, and basis for,
not edit personal identifying
the proposed rule change and discussed
information from submissions. You
any comments it received on the
should submit only information that
you wish to make publicly available. All
18 17 CFR 200.30–3(a)(12).
submissions should refer to File
1 15 U.S.C. 78s(b)(1).
Number SR–Phlx-2008–86 and should
2 17 CFR 240.19b–4.
be submitted on or before February 13,
3 15 U.S.C. 78s(b)(3)(A).
2009.
4 17 CFR 240.19b–4(f)(6).
Paper Comments
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. NYSE
Arca 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
At present, an ALO Order would be
rejected when, at the time of entry, it
would interact with an un-displayed
order on the Exchange.5 The Exchange
proposes a limited exception to the ALO
Order whereby an ALO Order will not
be rejected when interacting with a MidPoint Passive Liquidity Order (‘‘MPL
Order’’). This proposed change will
incorporate existing functionality into
the ALO Order that permits designated
limit orders to ignore MPL Orders.
Currently, NYSE Arca Users may elect
to mark incoming limit orders with a
‘‘No Midpoint Execution’’ designator
which will ignore MPL Orders and trade
against the Arca Book.6 The ALO Order
will incorporate the functionality of the
‘‘No Midpoint Execution’’ designator.
As such, the ALO Order will ignore
MPL Orders and proceed to post to the
NYSE Arca Book.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,7
in general, and furthers the objectives of
Section 6(b)(5),8 in particular, in that it
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities,
and to remove impediments to and
perfect the mechanisms of a free and
open market and a national market
system. The Exchange believes that the
proposed rule change will clarify the
rule cross-references and eliminate
unnecessary confusion in its rule
structure.
mstockstill on PROD1PC66 with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
18:32 Jan 22, 2009
Jkt 217001
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
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and subparagraph (f)(6) of
Rule 19b–4 thereunder.10
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.11 However, Rule 19b–
4(f)(6)(iii) 12 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay and designate the proposed rule
change operative upon filing. The
Exchange stated the waiver of this
period will allow it to immediately offer
the ALO Order as amended to market
participants on NYSE Arca, providing
them with greater discretion and
flexibility to post liquidity on NYSE
Arca. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest.
Therefore, the Commission designates
the proposal operative upon filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change at least five business
days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has complied with this
requirement.
12 Id.
13 For purposes only of waiving the 30-day
operative delay of this proposal, the Commission
has considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
10 17
5 The ALO Order was recently introduced as Rule
7.31(nn). See Securities Exchange Act Release No.
59049 (December 3, 2008), 73 FR 75154 (December
10, 2008) (notice of immediate effectiveness SR–
NYSEArca–2008–132).
6 See NYSE Arca Equities Rule 7.31(h)(5).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
VerDate Nov<24>2008
necessary or appropriate in furtherance
of the purposes of the Act.
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
4275
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.
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
No. SR–NYSEArca–2008–140 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2008–140. 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 also will be available for
inspection and copying at the principal
office of NYSE Arca. 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–
NYSEArca–2008–140 and should be
E:\FR\FM\23JAN1.SGM
23JAN1
4276
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
submitted on or before February 13,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1300 Filed 1–22–09; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2009–0004]
Future Systems Technology Advisory
Panel Meeting
AGENCY:
Social Security Administration
(SSA).
mstockstill on PROD1PC66 with NOTICES
ACTION:
Notice of second panel meeting.
DATES: February 9, 2009, 9:15 a.m.–5
p.m. and February 10, 2009, 8:30 a.m.–
12 p.m.
Location: Hilton Baltimore Hotel.
ADDRESSES: 401 West Pratt Street,
Baltimore, MD 21201.
SUPPLEMENTARY INFORMATION:
Type of meeting: The meeting is open
to the public.
Purpose: The Panel, under the Federal
Advisory Committee Act of 1972, as
amended, (hereinafter referred to as ‘‘the
FACA’’) shall report to and provide the
Commissioner of Social Security
independent advice and
recommendations on the future of
systems technology and electronic
services at the agency five to ten years
into the future. The Panel will
recommend a road map to aid SSA in
determining what future systems
technologies may be developed to assist
in carrying out its statutory mission.
Advice and recommendations can relate
to SSA’s systems in the area of internet
application, customer service, or any
other arena that would improve SSA’s
ability to serve the American people.
Agenda: The Panel will meet on
Monday, February 9, 2009 from 9:15
a.m. until 5 p.m. and Tuesday, February
10, 2009 from 8:30 a.m. to 12 p.m. The
agenda will be available on the Internet
at https://www.ssa.gov/fstap/index.htm
or available by e-mail or fax on request,
one week prior to the starting date.
During the second meeting, the Panel
will continue to receive additional
information about the agency, its
operations, and its programs. The
meeting will also include a dialogue
with the senior executives of the agency
to answer panel questions. This
dissemination of information and
discussion with the executives will
14 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
18:32 Jan 22, 2009
Jkt 217001
enable panel members to gain a broader
and more in-depth understanding of the
agency and its operations.
Contact Information: Records are kept
of all proceedings and will be available
for public inspection by appointment at
the Panel office. Anyone requiring
information regarding the Panel should
contact the staff by:
Mail addressed to SSA, Future
Systems Technology Advisory Panel,
Room 800, Altmeyer Building, 6401
Security Boulevard, Baltimore, MD
21235–0001; Telephone at 410–965–
6011; Fax at 410–965–0201; or e-mail to
FSTAP@ssa.gov.
Dated: January 14, 2009.
Dianne L. Rose,
Designated Federal Officer, Future Systems
Technology Advisory Panel.
[FR Doc. E9–1345 Filed 1–22–09; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Applications of Avjet Corporation for
Certificate Authority
AGENCY:
Department of Transportation.
ACTION: Notice of Order to Show Cause
(Order 2009–1–7); Dockets DOT–OST–
2008–0224 and DOT–OST–2008–0231.
SUMMARY: The Department of
Transportation is directing all interested
persons to show cause why it should
not issue orders finding Avjet
Corporation, fit, willing, and able, and
awarding it certificates of public
convenience and necessity to engage in
interstate and foreign charter air
transportation of persons, property and
mail.
DATES: Persons wishing to file
objections should do so no later than
January 28, 2009.
Objections and answers to
objections should be filed in Dockets
DOT–OST–2008–0224 and DOT–OST–
2008–0231 and addressed to U.S.
Department of Transportation, Docket
Operations (M–30), 1200 New Jersey
Avenue, SE., Washington, DC 20590,
and should be served upon the parties
listed in Attachment A to the order.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Ms.
Vanessa R. Balgobin, Air Carrier Fitness
Division (X–56), U.S. Department of
Transportation, 1200 New Jersey
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
Avenue, SE., Washington, DC 20590,
(202) 366–9721.
Robert S. Goldner,
Special Counsel for Aviation and
International Affairs.
[FR Doc. E9–1378 Filed 1–22–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Advisory Circular 35–1, Certification of
Propellers
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of issuance of advisory
circular.
SUMMARY: This notice announces the
issuance of Advisory Circular (AC) 35–
1, Certification of Propellers. This AC
provides guidance and describes
acceptable methods, but not the only
methods, that may be used to
demonstrate compliance with
provisions of the requirements of part
35 of Title 14 of the Code of Federal
Regulations (14 CFR part 35).
DATE: The Engine and Propeller
Directorate issued AC 35–1 on
December 29, 2008.
FOR FURTHER INFORMATION CONTACT: The
Federal Aviation Administration, Attn:
Jay Turnberg, Engine and Propeller
Standards Staff, ANE–111, 12 New
England Executive Park, Burlington, MA
01803–5299; telephone: (781) 238–7116;
fax: (781) 238–7199; e-mail:
jay.turnberg@faa.gov.
We have filed in the docket all
substantive comments received, and a
report summarizing them. If you wish to
review the docket in person, you may go
to the above address between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. If you wish to contact
the above individual directly, you can
use the above telephone number or email address provided.
How to Obtain Copies: A paper copy
of AC 35–1 may be obtained by writing
to the U.S. Department of
Transportation, Subsequent Distribution
Office, DOT Warehouse, SVC 121.23,
Ardmore East Business Center, 3341Q
75th Ave., Landover, MD 20785,
telephone 301–322–5377, or by faxing
your request to the warehouse at 301–
386–5394. The AC will also be available
on the Internet at https://www.faa.gov/
regulations_policies (then click on
‘‘Advisory Circulars’’).
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4274-4276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1300]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59234; File No. SR-NYSEArca-2008-140]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the Adding
Liquidity Only Order
January 12, 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 December 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 and
II below, which Items have been prepared by NYSE Arca. NYSE Arca filed
the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders it 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)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 7.31(nn), the Adding Liquidity
Only Order (``ALO Order''). The text of the proposed rule is attached
as Exhibit 5. A copy of this filing is available on the Exchange's Web
site at https://www.nyse.com, at the Exchange's principal office 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, NYSE Arca included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the
[[Page 4275]]
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. NYSE Arca 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
At present, an ALO Order would be rejected when, at the time of
entry, it would interact with an un-displayed order on the Exchange.\5\
The Exchange proposes a limited exception to the ALO Order whereby an
ALO Order will not be rejected when interacting with a Mid-Point
Passive Liquidity Order (``MPL Order''). This proposed change will
incorporate existing functionality into the ALO Order that permits
designated limit orders to ignore MPL Orders.
---------------------------------------------------------------------------
\5\ The ALO Order was recently introduced as Rule 7.31(nn). See
Securities Exchange Act Release No. 59049 (December 3, 2008), 73 FR
75154 (December 10, 2008) (notice of immediate effectiveness SR-
NYSEArca-2008-132).
---------------------------------------------------------------------------
Currently, NYSE Arca Users may elect to mark incoming limit orders
with a ``No Midpoint Execution'' designator which will ignore MPL
Orders and trade against the Arca Book.\6\ The ALO Order will
incorporate the functionality of the ``No Midpoint Execution''
designator. As such, the ALO Order will ignore MPL Orders and proceed
to post to the NYSE Arca Book.
---------------------------------------------------------------------------
\6\ See NYSE Arca Equities Rule 7.31(h)(5).
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will clarify the rule cross-references and
eliminate unnecessary confusion in its rule structure.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange 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
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\9\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay and designate the proposed
rule change operative upon filing. The Exchange stated the waiver of
this period will allow it to immediately offer the ALO Order as amended
to market participants on NYSE Arca, providing them with greater
discretion and flexibility to post liquidity on NYSE Arca. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposal operative upon
filing.\13\
---------------------------------------------------------------------------
\11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has complied with this requirement.
\12\ Id.
\13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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.
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 No. SR-NYSEArca-2008-140 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2008-140.
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 also will be available for inspection and copying at the
principal office of NYSE Arca. 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-NYSEArca-2008-140 and should be
[[Page 4276]]
submitted on or before February 13, 2009.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-1300 Filed 1-22-09; 8:45 am]
BILLING CODE 8011-01-P
