Self-Regulatory Organizations; NYSE Alternext US LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide Instructions as to the Payment of Listing Fees in Connection With the Listing of Additional Securities, 8605-8607 [E9-3982]

Download as PDF Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange believes the proposed rule changes are consistent with these principles in that it amends legacy rules to accurately reflect the role performed by the Exchange’s market maker thus removing impediments to and perfecting the mechanism of a free and open market. 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: (1) Does not significantly affect the protection of investors or the public interest; (2) does not impose any significant burden on competition; and (3) by its terms, does not become operative for 30 days after the date of filing, 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 20 and Rule 19b–4(f)(6) thereunder.21 A proposed rule change filed under Rule 19b–4(f)(6) normally does not become operative for 30 days after the date of filing.22 However, Rule 19b– 4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requested that the Commission waive the 30-day operative 20 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 22 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 19b–4(f)(6)(iii) requires the self-regulatory organization to give the Commission notice of its intent to file the proposed rule change, along with a brief description and text of 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 satisfied this requirement. pwalker on PROD1PC71 with NOTICES 21 17 VerDate Nov<24>2008 18:09 Feb 24, 2009 Jkt 217001 8605 delay and designate the proposed rule change operative upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The proposed rule change seeks to remove legacy language that is inconsistent with the role performed by DMMs as approved by the Commission in NYSE’s New Market Model filing,23 which also applies to DMMs on Alternext. Furthermore, it seeks to clarify its rule text in order to avoid any undue confusion on the part of Exchange market participants as it relates to the function performed by DMMs. Therefore, the Commission designates the proposal operative upon filing.24 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.25 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 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 Number SR– NYSEALTR–2009–09 and should be submitted on or before March 18, 2009. 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.26 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–3981 Filed 2–24–09; 8:45 am] 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–NYSEALTR–2009–09 on the subject line. SECURITIES AND EXCHANGE COMMISSION Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSEALTR–2009–09. 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/ 23 See supra note 10. purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 25 15 U.S.C. 78s(b)(3)(C). 24 For PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 BILLING CODE 8011–01–P [Release No. 34–59418; File No. SR– NYSEALTR–2009–07] Self-Regulatory Organizations; NYSE Alternext US LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide Instructions as to the Payment of Listing Fees in Connection With the Listing of Additional Securities February 18, 2009. 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 February 2, 2009, NYSE Alternext US LLC (‘‘NYSE Alternext’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule changes as described in Items I and II below, which items have been prepared by the Exchange. NYSE Alternext filed the proposed rule change pursuant to Section 19(b)(3)(A) of the 26 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 E:\FR\FM\25FEN1.SGM 25FEN1 8606 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices Act 3 and Rule 19b–4(f)(6) thereunder,4 which renders the proposal effective upon filing. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 332 of the Exchange’s Company Guide to provide instructions as to the payment of listing fees in connection with the listing of additional securities. The text of the proposed rule change is available on the Exchange’s Web site (https://www.nyse.com), at the Exchange’s Office of the Secretary 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, the self-regulatory organization included statements 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. NYSE Alternext has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. pwalker on PROD1PC71 with NOTICES A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Section 332 of the Exchange’s Company Guide provides that a check drawn to the order of ‘‘NYSE Alternext US LLC’’ should accompany each application for the listing of additional securities of a previously listed class. In the absence of specific instruction to the contrary, it has been the Exchange’s experience that many companies have complied with the plain wording of this provision and forwarded the check along with the listing application to the regulatory staff that are responsible for processing the listing applications. The Exchange believes that it is inappropriate for the employees of NYSE Regulation who process listing applications to be accepting payments on behalf of the business. Furthermore, the internal routing of checks to the Exchange’s Treasury Department from NYSE Regulation leads to unnecessary 3 15 4 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). VerDate Nov<24>2008 18:09 Feb 24, 2009 delays and the possibility that checks may be lost or not cashed on a timely basis. As such, the Exchange proposes to amend Section 332 to provide that checks in payment of listing fees in connection with listings of additional shares should be sent to the following address: NYSE Alternext US LLC, Attn: Treasury Department, 20 Broad Street, 9th Floor, New York, NY 10005. Section 332 as amended will require that checks sent to the Treasury Department in payment of listing fees should be accompanied by a copy of the related listing application required by Section 303 of the Company Guide, to ensure that Exchange staff knows to apply the funds to the listing fee obligation incurred in connection with that listing application. Companies should continue to provide a copy of the listing application required by Section 303, accompanied by the exhibits detailed in Section 306, to the staff of NYSE Regulation who process listing applications on behalf of NYSE Alternext. 2. Statutory Basis The basis under the Exchange Act for this proposed rule change is the requirement under Section 6(b)(5) 5 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. The Exchange believes that the proposed amendment to Section 332 is consistent with the requirements of Section 6(b)(5), as it simply provides practical guidance as to how to make payments of listing fees payable to the Exchange in connection with listings of additional securities, without making any change to the fees themselves. 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 Exchange Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. 5 15 Jkt 217001 PO 00000 U.S.C. 78f(b)(5). Frm 00111 Fmt 4703 Sfmt 4703 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (1) Significantly affect the protection of investors or the public interest; (2) impose any significant burden on competition; and (3) by its terms, become operative for 30 days after the date of filing, 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 6 and Rule 19b–4(f)(6) thereunder.7 A proposed rule change filed under Rule 19b–4(f)(6) normally does not become operative for 30 days after the date of filing.8 However, Rule 19b– 4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requested that the Commission waive the 30-day operative delay, as specified in Rule 19b– 4(f)(6)(iii). The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because doing so would enable the Exchange to immediately direct issuers to send checks for the listing of additional shares to the appropriate non-regulatory staff, and ensure proper application of the fees. Further, the proposal will help to maintain the integrity of the Exchange’s review process for the listing of additional shares by ensuring the NYSE regulatory staff is not improperly accepting payments on behalf of the listing business. Accordingly, the Commission designates the proposed rule change as operative upon filing.9 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 6 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 8 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 19b–4(f)(6)(iii) requires the self-regulatory organization to give the Commission notice of its intent to file the proposed rule change, along with a brief description and text of 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 satisfied this requirement. 9 For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 7 17 E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 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: pwalker on PROD1PC71 with NOTICES 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–NYSEALTR–2009–07 on the subject line. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–3982 Filed 2–24–09; 8:45 am] BILLING CODE 8011–01–P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration (SSA) publishes a list of information collection packages requiring clearance by the Office of Management and Budget (OMB) in compliance with Public Law (Pub. L.) 104–13, the Paperwork Reduction Act of 1995, Paper Comments effective October 1, 1995. This notice • Send paper comments in triplicate includes revisions and an extension of to Elizabeth M. Murphy, Secretary, OMB-approved information collections. Securities and Exchange Commission, SSA is soliciting comments on the 100 F Street, NE., Washington, DC accuracy of the agency’s burden 20549–1090. estimate; the need for the information; its practical utility; ways to enhance its All submissions should refer to File Number SR–NYSEALTR–2009–07. This quality, utility, and clarity; and ways to minimize the burden on respondents, file number should be included on the subject line if e-mail is used. To help the including the use of automated collection techniques or other forms of Commission process and review your information technology. Mail, e-mail, or comments more efficiently, please use only one method. The Commission will fax your comments and post all comments on the Commission’s recommendations on the information collection(s) to the OMB Desk Officer Internet Web site (https://www.sec.gov/ and the SSA Reports Clearance Officer rules/sro.shtml). Copies of the to the addresses or fax numbers listed submission, all subsequent below. amendments, all written statements (OMB), Office of Management and with respect to the proposed rule Budget, Attn: Desk Officer for SSA, change that are filed with the Fax: 202–395–6974, E-mail address: Commission, and all written OIRA_Submission@omb.eop.gov. communications relating to the (SSA), Social Security Administration, proposed rule change between the DCBFM, Attn: Reports Clearance Commission and any person, other than Officer, 1332 Annex Building, 6401 those that may be withheld from the Security Blvd., Baltimore, MD 21235, public in accordance with the Fax: 410–965–6400, E-mail address: provisions of 5 U.S.C. 552, will be OPLM.RCO@ssa.gov. available for inspection and copying in the Commission’s Public Reference I. The information collection below is Room, 100 F Street, NE., Washington, pending at SSA. SSA will submit it to DC 20549, on official business days OMB within 60 days from the date of between the hours of 10 a.m. and 3 p.m. this notice. Therefore, your comments Copies of the filing also will be available would be most helpful if you submit for inspection and copying at the them to SSA within 60 days from the principal office of the Exchange. All date of this publication. Individuals can comments received will be posted obtain copies of the collection without change; the Commission does instrument by calling the SSA Reports not edit personal identifying Clearance Officer at 410–965–3758 or by information from submissions. You writing to the e-mail address listed should submit only information that above. 1. Medical or Psychological Review of you wish to make available publicly. All Childhood Disability Evaluation Form submissions should refer to File (SSA–538)—20 CFR 416.1040, 416.1043, Number SR–NYSEALTR–2009–07 and should be submitted on or before March 416.1045, 416.924(g)—0960–0675. SSA’s regional review component use 18, 2009. Form SSA–536 to facilitate the contract 10 17 CFR 200.30–3(a)(12). medical or psychological consultant’s VerDate Nov<24>2008 18:09 Feb 24, 2009 Jkt 217001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 8607 review of the Childhood Disability Evaluation Form (SSA–538). The SSA– 536 records the reviewing consultant’s assessment of the evaluation prepared by the adjudicating component. The consultant completes an SSA–536 for each Title XVI childhood disability case he or she reviews because a Childhood Disability Evaluation Form (SSA–538) is required in each case. The respondents are consultants who review the adjudicating component’s completion of the Childhood Disability Evaluation Form (SSA–538). Type of Request: Revision of an OMBapproved information collection. Number of Respondents: 256. Frequency of Response: 66. Average Burden Per Response: 12 minutes. Estimated Annual Burden: 3,379 hours. 2. Identifying Information for Possible Direct Payment of Authorized Fees— 0960–0730. SSA uses Form SSA–1695 to collect information from appointed representatives to process and facilitate direct payment of authorized fees to a financial institution. SSA will use this information to issue a Form 1099–MISC, if applicable. The respondents are attorneys and other individuals who represent claimants for benefits before SSA. Type of Request: Extension of an OMB-approved information collection. Number of Respondents: 10,000. Frequency of Response: 40. Average Burden Per Response: 10 minutes. Estimated Annual Burden: 66,667 hours. II. SSA has submitted the information collections listed below to OMB for clearance. Your comments on the information collections would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance packages by calling the SSA Reports Clearance Officer at 410–965–3758, or by writing to the above listed address. Application for a Social Security Card—20 CFR 422.103–.110—0960– 0066. SSA collects information on Forms SS–5 (used in the United States) and SS–5–FS (used outside the United States) to issue original or replacement Social Security cards. SSA is revising the race/ethnicity question on the forms to comply with Office of Management and Budget standards. Additionally, SSA is making several other minor changes to the form’s instructions. The respondents are applicants for original and replacement Social Security cards. Type of Request: Revision to an OMBapproved information collection. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8605-8607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3982]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59418; File No. SR-NYSEALTR-2009-07]


Self-Regulatory Organizations; NYSE Alternext US LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Provide 
Instructions as to the Payment of Listing Fees in Connection With the 
Listing of Additional Securities

February 18, 2009.
    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 February 2, 2009, NYSE Alternext US LLC (``NYSE Alternext'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule changes as described in Items I and 
II below, which items have been prepared by the Exchange. NYSE 
Alternext filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the

[[Page 8606]]

Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal 
effective upon filing. The Commission is publishing this notice to 
solicit comments on the proposed rule changes 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 Section 332 of the Exchange's 
Company Guide to provide instructions as to the payment of listing fees 
in connection with the listing of additional securities. The text of 
the proposed rule change is available on the Exchange's Web site 
(https://www.nyse.com), at the Exchange's Office of the Secretary 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, the self-regulatory organization 
included statements 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. NYSE Alternext 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
    Section 332 of the Exchange's Company Guide provides that a check 
drawn to the order of ``NYSE Alternext US LLC'' should accompany each 
application for the listing of additional securities of a previously 
listed class. In the absence of specific instruction to the contrary, 
it has been the Exchange's experience that many companies have complied 
with the plain wording of this provision and forwarded the check along 
with the listing application to the regulatory staff that are 
responsible for processing the listing applications. The Exchange 
believes that it is inappropriate for the employees of NYSE Regulation 
who process listing applications to be accepting payments on behalf of 
the business. Furthermore, the internal routing of checks to the 
Exchange's Treasury Department from NYSE Regulation leads to 
unnecessary delays and the possibility that checks may be lost or not 
cashed on a timely basis. As such, the Exchange proposes to amend 
Section 332 to provide that checks in payment of listing fees in 
connection with listings of additional shares should be sent to the 
following address: NYSE Alternext US LLC, Attn: Treasury Department, 20 
Broad Street, 9th Floor, New York, NY 10005.
    Section 332 as amended will require that checks sent to the 
Treasury Department in payment of listing fees should be accompanied by 
a copy of the related listing application required by Section 303 of 
the Company Guide, to ensure that Exchange staff knows to apply the 
funds to the listing fee obligation incurred in connection with that 
listing application. Companies should continue to provide a copy of the 
listing application required by Section 303, accompanied by the 
exhibits detailed in Section 306, to the staff of NYSE Regulation who 
process listing applications on behalf of NYSE Alternext.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is 
the requirement under Section 6(b)(5) \5\ that an Exchange have rules 
that are designed to promote just and equitable principles of trade, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest. The Exchange believes that the 
proposed amendment to Section 332 is consistent with the requirements 
of Section 6(b)(5), as it simply provides practical guidance as to how 
to make payments of listing fees payable to the Exchange in connection 
with listings of additional securities, without making any change to 
the fees themselves.
---------------------------------------------------------------------------

    \5\ 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 Exchange Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (1) 
Significantly affect the protection of investors or the public 
interest; (2) impose any significant burden on competition; and (3) by 
its terms, become operative for 30 days after the date of filing, 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 
\6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing.\8\ However, 
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. The Exchange requested that the Commission waive 
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the 
Commission notice of its intent to file the proposed rule change, 
along with a brief description and text of 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 satisfied this requirement.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so would enable the Exchange to immediately direct 
issuers to send checks for the listing of additional shares to the 
appropriate non-regulatory staff, and ensure proper application of the 
fees. Further, the proposal will help to maintain the integrity of the 
Exchange's review process for the listing of additional shares by 
ensuring the NYSE regulatory staff is not improperly accepting payments 
on behalf of the listing business. Accordingly, the Commission 
designates the proposed rule change as operative upon filing.\9\
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 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

[[Page 8607]]

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 Number SR-NYSEALTR-2009-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEALTR-2009-07. 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, 100 F Street, 
NE., Washington, DC 20549, on official business days between the hours 
of 10 a.m. and 3 p.m. Copies of the filing also will 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 Number SR-NYSEALTR-2009-07 and should 
be submitted on or before March 18, 2009.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3982 Filed 2-24-09; 8:45 am]
BILLING CODE 8011-01-P

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