Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Revise Fees Payable by Member Organizations for Which the Exchange Is the Designated Examining Authority, 17269-17270 [E9-8421]
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59720; File No. SR–
NYSEAmex–2009–09]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Revise Fees Payable
by Member Organizations for Which
the Exchange Is the Designated
Examining Authority
April 7, 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 April 1,
2009, NYSE Amex LLC (‘‘NYSE Amex
Options’’ or the ‘‘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 prepared by the selfregulatory organization. The proposed
rule change has been filed by the
Exchange 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.
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,
set forth in Sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
16:39 Apr 13, 2009
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act, in general, and Section
6(b)(4), in particular, in that it provides
for the equitable allocation of dues, fees
and other charges among its members
and other market participants that use
the trading facilities of NYSE Amex
Options. Under this proposal, all
members for which the Exchange is the
DEA will be charged DEA fees at the
same rate based on gross revenue.
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
5 See Securities and Exchange Act Release No.
46062 (June 11, 2002), 67 FR 41552 (June 18, 2002)
(notice of immediate effectiveness of SR–CBOE–
2001–66).
2 17
VerDate Nov<24>2008
1. Purpose
NYSE Amex proposes to revise its
fees payable by member organizations
for which the Exchange is the
Designated Examining Authority
(‘‘DEA’’).
Currently, this fee is set at $1,000 per
month for firms engaged in a public
business and $275 per quarter for firms
not engaged in a public business. The
Exchange also charges a $250 annual fee
per trader and a $100 annual FOCUS
filing fee. Under the proposed structure,
the Exchange will eliminate the current
fees and replace them with a fee of
$.00040 per dollar of gross revenue as
reported on quarterly or annual FOCUS
Report Form X–17A–5. Commission
revenue generated from the conduct of
a retail commodities future business
will be excluded from DEA fee
calculation. Going forward, for purposes
of establishing minimum DEA fees, the
Exchange will no longer distinguish
among member organizations on the
basis of whether they are engaged in
public business and will instead
categorize them based on whether or not
they are clearing firms. The minimum
fee for non-clearing firms will be a
monthly fee of $275 ($825 per quarter)
and the minimum fee for clearing firms
will be a monthly fee of $1,000 ($3,000
per quarter). The revisions proposed in
this filing make the Exchange’s DEA
fees identical to those charged by the
Chicago Board Options Exchange
(‘‘CBOE’’) and more reflective of the
costs the Exchange incurs in connection
with its role as DEA.5
Jkt 217001
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Frm 00127
Fmt 4703
Sfmt 4703
17269
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 proposed rule change is effective
upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act and SEC Rule
19b–4(f)(2) thereunder in that it
establishes or changes a due, fee, or
other charge imposed only on members
by the self-regulatory organization.
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 rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2009–09 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEAmex–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/
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
E:\FR\FM\14APN1.SGM
14APN1
17270
Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
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–NYSEAmex–2009–09 and
should be submitted on or before May
5, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–8421 Filed 4–13–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59716; File No. SR–
NYSEArca–2009–11]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Approving a
Proposed Rule Change To Amend Rule
6.69—Reporting Duties
April 6, 2009.
I. Introduction
On February 13, 2009, NYSE Arca,
Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’),
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to amend Rule 6.69 to revise the
procedures for reporting open outcry
trades that occur on the options trading
floor. The proposed rule change was
published for comment in the Federal
Register on March 3, 2009.3 The
Commission received no comment
letters on the proposal. This order
approves the proposed rule change.
6 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 59440
(February 24, 2009), 74 FR 9325 (‘‘Notice’’).
II. Description
NYSE Arca’s proposal revises the
procedures for reporting open outcry
trades that occur on the options trading
floor. Under existing NYSE Arca rules,
all option transactions that occur on the
options trading floor must immediately
be reported to the Exchange, in a form
and manner prescribed by the Exchange,
for dissemination to the Options Price
Reporting Authority (‘‘OPRA’’).4 This
requirement applies to all OTP Holders
who are required to report trades either
directly to OPRA or to another party
who is responsible for reporting trades
to OPRA. Currently, pursuant to existing
Rule 6.69(b), the responsible party for
reporting a transaction is the party that
participates on the transaction as the
seller.
The proposed rule change makes
several clarifying changes to these
reporting obligations. First, the revised
rule provides that whenever a Floor
Broker is participating on one side of a
transaction, the Floor Broker becomes
the responsible party for reporting the
trade, regardless of whether the Floor
Broker is the buyer or seller. Second, in
the event that there is a Floor Broker
participating on both sides of a
transaction, the Floor Broker
participating as the seller must report
the transaction to the Exchange. Third,
for transactions occurring on the
Exchange between two Market Makers,
the Market Maker participating as the
seller must report the transaction to the
Exchange.
Finally, in order to further clarify the
rules regarding reporting duties, the
Exchange proposes a new provision
regarding Complex Orders. Since each
party to a Complex Order transaction
(which involves the simultaneous
purchase and/or sale of two or more
option series in the same underlying
security) could be both buying and
selling different series that make up an
order, there may be no clearly defined
seller, as is required by the existing rule.
Consequently, pursuant to the proposed
rule change, for Complex Order
transactions between two Floor Brokers
or two Market Makers, the party
responsible for reporting the transaction
will be the OTP Holder that first
initiated the transaction. This provision
does not affect the obligation that a
Floor Broker has to report transactions
pursuant to proposed Rule 6.69(b)(i),
but will have bearing when a Complex
1 15
VerDate Nov<24>2008
16:39 Apr 13, 2009
Jkt 217001
4 For transactions executed on the Exchange’s
electronic trading platform, NYSE Arca will report
the trade directly to OPRA.
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
Order is executed between two Floor
Brokers or between two Market Makers.5
Presently, almost all orders on the
Exchange are required to be in
electronic format prior to representation
on the trading floor.6 The Exchange
represents that, typically, Floor Brokers
enter the terms of orders they receive
into the Electronic Order Capture
System (‘‘EOC’’) 7, and upon
consummating a trade, the Floor Broker
is able to electronically report the
transaction to the Exchange for
processing and dissemination to OPRA.
In contrast, the Exchange notes that
Market Makers trading for their own
proprietary account are not required to
electronically systematize their orders
prior to responding to a call from a
Floor Broker. Consequently, a Market
Maker acting as a ‘‘seller’’ (who would
be the responsible reporting party under
the current rules) would be required to
re-enter all the order information
already contained in the Floor Broker’s
EOC system and then send the
information to the Exchange for
processing. The Exchange believes that
it will be more efficient for the Floor
Broker to be the responsible party for
reporting a transaction. The Exchange
further does not believe that requiring a
Floor Broker to report every transaction
to which they are a party will create any
undue hardship or unnecessary burden
on the Floor Broker, given the existing
requirement that orders be put in
electronic format prior to representation
on the floor.
III. Discussion and Commission’s
Findings
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.8 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,9 which requires,
among other things, that that the rules
of a national securities exchange be
designed to promote just and equitable
principles of trade, to remove
5 The proposal also eliminates Rule 6.69
Commentary .04, which relates to an obsolete and
outdated practice. ‘‘Hard cards,’’ which refer to the
cardboard backing of a paper trade ticket, are no
longer in use on the trading floor.
6 See Rule 6.67(c).
7 The EOC system is the Exchange’s electronic
audit trail and order tracking system that provides
an accurate time-sequenced record of all orders and
transactions on the Exchange.
8 In approving this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
9 15 U.S.C. 78f(b)(5).
E:\FR\FM\14APN1.SGM
14APN1
Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17269-17270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8421]
[[Page 17269]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59720; File No. SR-NYSEAmex-2009-09]
Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Revise Fees
Payable by Member Organizations for Which the Exchange Is the
Designated Examining Authority
April 7, 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 April 1, 2009, NYSE Amex LLC (``NYSE Amex Options'' or the
``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 prepared by the self-regulatory
organization. The proposed rule change has been filed by the Exchange
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
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, 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
NYSE Amex proposes to revise its fees payable by member
organizations for which the Exchange is the Designated Examining
Authority (``DEA'').
Currently, this fee is set at $1,000 per month for firms engaged in
a public business and $275 per quarter for firms not engaged in a
public business. The Exchange also charges a $250 annual fee per trader
and a $100 annual FOCUS filing fee. Under the proposed structure, the
Exchange will eliminate the current fees and replace them with a fee of
$.00040 per dollar of gross revenue as reported on quarterly or annual
FOCUS Report Form X-17A-5. Commission revenue generated from the
conduct of a retail commodities future business will be excluded from
DEA fee calculation. Going forward, for purposes of establishing
minimum DEA fees, the Exchange will no longer distinguish among member
organizations on the basis of whether they are engaged in public
business and will instead categorize them based on whether or not they
are clearing firms. The minimum fee for non-clearing firms will be a
monthly fee of $275 ($825 per quarter) and the minimum fee for clearing
firms will be a monthly fee of $1,000 ($3,000 per quarter). The
revisions proposed in this filing make the Exchange's DEA fees
identical to those charged by the Chicago Board Options Exchange
(``CBOE'') and more reflective of the costs the Exchange incurs in
connection with its role as DEA.\5\
---------------------------------------------------------------------------
\5\ See Securities and Exchange Act Release No. 46062 (June 11,
2002), 67 FR 41552 (June 18, 2002) (notice of immediate
effectiveness of SR-CBOE-2001-66).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act, in general, and Section 6(b)(4), in particular, in
that it provides for the equitable allocation of dues, fees and other
charges among its members and other market participants that use the
trading facilities of NYSE Amex Options. Under this proposal, all
members for which the Exchange is the DEA will be charged DEA fees at
the same rate based on gross revenue.
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
The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act and SEC Rule 19b-4(f)(2) thereunder
in that it establishes or changes a due, fee, or other charge imposed
only on members by the self-regulatory organization.
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 Number SR-NYSEAmex-2009-09 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEAmex-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/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
[[Page 17270]]
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-NYSEAmex-2009-09 and
should be submitted on or before May 5, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-8421 Filed 4-13-09; 8:45 am]
BILLING CODE 8010-01-P