Self-Regulatory Organizations; NYSE Alternext US, LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment No. 1 Amending Its Schedule of Fees and Charges for Exchange Services, 9856-9857 [E9-4777]
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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices
otherwise approved by the Commission.
Also, the books, records, premises,
officers, agents, directors and employees
of ArcaSec, as a facility of NYSE
Alternext, will be deemed to be those of
the Exchange for purposes of and
subject to oversight pursuant to the
Act.24 In addition, use of ArcaSec to
route options orders from NYSE
Alternext to away market centers is
optional, and a NYSE Alternext member
is free to route orders to other market
centers through alternative means. The
Commission also notes that ArcaSec
will not route options orders to any
affiliated market, unless such market
has in place rules that authorize it to
receive such routed options orders from
its broker-dealer affiliate.25
In light of the protections discussed
above and contained in NYSE Alternext
Equities Rule 17, the Commission
believes that it is consistent with the
Act to permit NYSE Alternext to use its
affiliate, ArcaSec, as its Routing Broker,
as proposed.
NYSE Alternext has asked the
Commission to accelerate approval of
the proposed rule change. NYSE
Alternext states that accelerated
approval ‘‘will permit the Exchange to
establish and implement mechanisms to
remain fully compliant with its best
execution obligations and other
Exchange rules immediately upon
implementation of its new electronic
trading system and in conjunction with
the opening of its new trading floor at
11 Wall Street.’’ 26 NYSE Alternext notes
that it ‘‘intends to implement its new
trading system and open its new trading
floor on February 9, 2009.’’ 27 The
Commission finds good cause for
approving the proposed rule change
before the thirtieth day after the date of
publication of notice of filing thereof in
the Federal Register. The Commission
notes that NYSE Alternext’s proposal to
use ArcaSec as its outbound order
routing facility is consistent with prior
Commission action.28 Accordingly, the
Commission finds good cause,
consistent with Section 19(b)(2) of the
Act,29 to approve the proposed rule
change on an accelerated basis.
mstockstill on PROD1PC66 with NOTICES
24 See
NYSE Alternext Equities Rule 17(b). In
addition, the books and records of ArcaSec, as a
facility of the Exchange, will be subject at all times
to inspection and copying by the Exchange and the
Commission. Id.
25 See supra note 8.
26 See SR–NYSEALTR–2009–18, Item 7.
27 Id.
28 See, e.g., Securities Exchange Act Release
Nos.52497, 55590, and 59009, supra note 4.
29 15 U.S.C. 78s(b)(2).
VerDate Nov<24>2008
16:20 Mar 05, 2009
Jkt 217001
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–NYSEALTR–
2009–18) is hereby approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.30
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–4779 Filed 3–5–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59481; File No. SR–
NYSEALTR–2009–20]
Self-Regulatory Organizations; NYSE
Alternext US, LLC; Notice of Filing and
Order Granting Accelerated Approval
of Proposed Rule Change as Modified
by Amendment No. 1 Amending Its
Schedule of Fees and Charges for
Exchange Services
March 2, 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 February
27, 2009, NYSE Alternext US LLC
(‘‘NYSE Amex Options’’ 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 the self-regulatory
organization. On March 2, 2009, the
Exchange filed Amendment No. 1 to the
proposed rule change. The Commission
is publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons
and is approving the proposed rule
change, as modified by Amendment No.
1, on an accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Schedule of Fees and Charges for
Exchange Services. The text of the new
Schedule 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.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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 those statements may be examined at
the places specified in Item III below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to amend
the existing Fee Schedule in order to
reduce the Linkage Fee rates that are
currently applied from $0.60 to $0.50.
The proposed $0.50 fee will match the
$0.50 fee charged to Broker Dealers
executing electronic orders on the
Exchange. All Linkage orders executed
on the Exchange will be executed
electronically. Absent this filing, orders
that access the Exchange via Linkage
will be charged more than similar
electronic transactions on the Exchange.
The Exchange plans to implement the
new Fee Schedule on the first day of
trading on the new NYSE Amex Options
trading floor at 11 Wall Street, currently
scheduled for March 2, 2009.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act,3 in general, and Section
6(b)(4),4 in particular, in that it provides
for the equitable allocation of reasonable
dues, fees and other charges among its
members and other persons using its
facilities for the purpose of executing
Linkage orders that are routed to the
Exchange from other market centers.
This proposal decreases the Linkage Fee
for Users. Absent this filing, orders that
access the Exchange via Linkage will be
charged more than similar electronic
transactions executed on the Exchange.
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.
30 17
1 15
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Frm 00078
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Sfmt 4703
3 15
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
available publicly. All submissions
should refer to File Number SR–
NYSEALTR–2009–20 and should be
submitted on or before March 27, 2009.
No written comments were solicited
or received with respect to the proposed
rule change.
IV. Commission’s Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
9857
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–4777 Filed 3–5–09; 8:45 am]
BILLING CODE 8011–01–P
III. Solicitation of Comments
After careful consideration, the
Commission finds that the proposed
rule change is consistent with the
requirement of the Act and the rules and
regulations thereunder applicable to a
national securities exchange 5 and, in
particular, with the requirements of
Section 6(b) of the Act.6 In particular,
Electronic Comments
the Commission finds that the
Exchange’s proposal is consistent with
• Use the Commission’s Internet
Section 6(b)(4) of the Act,7 which
comment form (https://www.sec.gov/
requires that the rules of the Exchange
rules/sro.shtml); or
provide for the equitable allocation of
• Send an e-mail to rulereasonable dues, fees, and other charges
comments@sec.gov. Please include File
among its members and other persons
Number SR–NYSEALTR–2009–20 on
using its facilities. The Commission
the subject line.
notes that the proposal conforms
Paper Comments
Linkage Fees to those fees charged on
• Send paper comments in triplicate
other electronic broker-dealer
to Elizabeth Murphy, Secretary,
executions.
Securities and Exchange Commission,
The Commission finds good cause,
100 F Street, NE., Washington, DC
pursuant to Section 19(b)(2) of the Act,8
20549–1090.
for approving the proposed rule change
All submissions should refer to File
prior to the 30th day after the date of
Number SR–NYSEALTR–2009–20. This
publication of the notice of the filing
file number should be included on the
subject line if e-mail is used. To help the thereof in the Federal Register. The
Commission notes that this proposed
Commission process and review your
rule change seeks to lower the Linkage
comments more efficiently, please use
only one method. The Commission will Fees from $0.60 to $0.50 to match the
post all comments on the Commission’s $0.50 fee charged to Broker Dealers
executing electronic orders on the
Internet Web site (https://www.sec.gov/
Exchange. Absent this filing, orders that
rules/sro.shtml). Copies of the
access the Exchange via Linkage will be
submission, all subsequent
charged more than similar electronic
amendments, all written statements
transactions executed on the Exchange.9
with respect to the proposed rule
Further, this proposed fee structure is
change that are filed with the
Commission, and all written
similar to that of NYSE Arca Options.
communications relating to the
V. Conclusion
proposed rule change between the
Commission and any person, other than
It is therefore ordered, pursuant to
those that may be withheld from the
Section 19(b)(2) of the Act 10 that the
public in accordance with the
proposed rule change (SR–NYSEALTR–
provisions of 5 U.S.C. 552, will be
2009–20), as amended by Amendment
available for inspection and copying in
No. 1, is hereby approved on an
the Commission’s Public Reference
accelerated basis to be effective on
Section, 100 F Street, NE., Washington,
March 2, 2009.
DC 20549–1090 on official business
mstockstill on PROD1PC66 with NOTICES
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:
days between the hours of 10 a.m. and
3 p.m. Copies of the filing will also be
available for inspection and copying at
NYSE Amex Options’ principal office
and on its Internet Web site at https://
www.nyse.com. 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
VerDate Nov<24>2008
16:20 Mar 05, 2009
Jkt 217001
5 In approving this rule, the Commission notes
that it has considered its impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(4).
8 15 U.S.C. 78s(b)(2).
9 See SR–NYSEALTR–2009–19.
10 15 U.S.C. 78s(b)(2).
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59478; File No. SR–
NYSEALTR–2009–19]
Self-Regulatory Organizations; NYSE
Alternext US, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Schedule of
Fees and Charges for Exchange
Services
February 27, 2009.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on February
27, 2009, NYSE Alternext US, LLC
(‘‘NYSE Amex Options’’, ‘‘NYSE
Amex’’, or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been substantially prepared by the
self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Schedule of Fees and Charges for
Exchange Services. The text of the
proposed rule change 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, 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
11 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Notices]
[Pages 9856-9857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4777]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59481; File No. SR-NYSEALTR-2009-20]
Self-Regulatory Organizations; NYSE Alternext US, LLC; Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule Change
as Modified by Amendment No. 1 Amending Its Schedule of Fees and
Charges for Exchange Services
March 2, 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 February 27, 2009, NYSE Alternext US LLC (``NYSE Amex
Options'' 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 the self-
regulatory organization. On March 2, 2009, the Exchange filed Amendment
No. 1 to the proposed rule change. The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons and is approving the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services. The text of the new Schedule 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, 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 those statements may be examined at
the places specified in Item III below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this filing is to amend the existing Fee Schedule in
order to reduce the Linkage Fee rates that are currently applied from
$0.60 to $0.50. The proposed $0.50 fee will match the $0.50 fee charged
to Broker Dealers executing electronic orders on the Exchange. All
Linkage orders executed on the Exchange will be executed
electronically. Absent this filing, orders that access the Exchange via
Linkage will be charged more than similar electronic transactions on
the Exchange.
The Exchange plans to implement the new Fee Schedule on the first
day of trading on the new NYSE Amex Options trading floor at 11 Wall
Street, currently scheduled for March 2, 2009.
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\3\ in general, and Section 6(b)(4),\4\ in particular,
in that it provides for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities for the purpose of executing Linkage orders that are routed
to the Exchange from other market centers. This proposal decreases the
Linkage Fee for Users. Absent this filing, orders that access the
Exchange via Linkage will be charged more than similar electronic
transactions executed on the Exchange.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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.
[[Page 9857]]
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. 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-2009-20 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEALTR-2009-20. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090 on official business days between the
hours of 10 a.m. and 3 p.m. Copies of the filing will also be available
for inspection and copying at NYSE Amex Options' principal office and
on its Internet Web site at https://www.nyse.com. 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-2009-20 and should be submitted
on or before March 27, 2009.
IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change
After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirement of the Act and the rules
and regulations thereunder applicable to a national securities exchange
\5\ and, in particular, with the requirements of Section 6(b) of the
Act.\6\ In particular, the Commission finds that the Exchange's
proposal is consistent with Section 6(b)(4) of the Act,\7\ which
requires that the rules of the Exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Commission notes
that the proposal conforms Linkage Fees to those fees charged on other
electronic broker-dealer executions.
---------------------------------------------------------------------------
\5\ In approving this rule, the Commission notes that it has
considered its impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\8\ for approving the proposed rule change prior to the 30th
day after the date of publication of the notice of the filing thereof
in the Federal Register. The Commission notes that this proposed rule
change seeks to lower the Linkage Fees from $0.60 to $0.50 to match the
$0.50 fee charged to Broker Dealers executing electronic orders on the
Exchange. Absent this filing, orders that access the Exchange via
Linkage will be charged more than similar electronic transactions
executed on the Exchange.\9\ Further, this proposed fee structure is
similar to that of NYSE Arca Options.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2).
\9\ See SR-NYSEALTR-2009-19.
---------------------------------------------------------------------------
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\10\ that the proposed rule change (SR-NYSEALTR-2009-20), as amended by
Amendment No. 1, is hereby approved on an accelerated basis to be
effective on March 2, 2009.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4777 Filed 3-5-09; 8:45 am]
BILLING CODE 8011-01-P
