Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To Modify Certain Equity Transaction Fees and Rebates, 22798-22799 [E9-11165]

Download as PDF 22798 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices All submissions should refer to File Number SR–NYSE–2009–46. 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 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–NYSE– 2009–46 and should be submitted on or before June 4, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–11166 Filed 5–13–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59863; File No. SR–NYSE– 2009–47] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To Modify Certain Equity Transaction Fees and Rebates pwalker on PROD1PC71 with NOTICES May 5, 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 April 30, 2009, New York Stock Exchange LLC (the ‘‘NYSE’’ or the ‘‘Exchange’’) filed 12 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a et seq. 3 17 CFR 240.19b–4. VerDate Nov<24>2008 17:37 May 13, 2009 Jkt 217001 with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule changes as described in Items I, II and III below, which Items have been prepared by the Exchange. 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 make a number of changes to its schedule of equity transaction fees and rebates, with effect from May 1, 2009. 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. The NYSE has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to make a number of changes to its schedule of equity transaction fees, with effect from May 1, 2009. The following are the proposed changes: • Currently, the Exchange caps trading fees per transaction at $120. This cap is being eliminated and there will no longer be any limit on the trading fees that may be incurred in connection with a transaction. The $120 trading fee cap per transaction will be retained for market at-the-close and limit at-the-close orders. • The price list does not currently indicate what fee is charged when orders are executed at the close (except for market at-the-close and limit at-theclose orders). The Exchange’s practice has been to not charge a fee when this happens and now proposes to formalize this approach by clearly stating it in the price list. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 • Designated Market Makers whose orders are executed at the close receive a credit of $0.0005 per share. The Exchange now proposes to provide (i) a credit of $0.0012 per share to floor brokers whose orders are executed at the close and (ii) a credit of $0.0005 per share to Supplemental Liquidity Providers whose orders are executed at the close. • Agency cross trades (i.e., a trade where a Member Organization has customer orders to buy and sell an equivalent amount of the same security) of 10,000 shares or more are currently free of charge. The Exchange proposes to extend this approach to agency cross trades of fewer than 10,000 shares, so that all agency cross trades will be free of charge regardless of size. The subheading ‘‘Transactions in stocks with a per share stock price of $1.00 or less’’ is modified to clarify that the fees under that subheading actually apply only to transactions in stocks with a price of less than $1.00. As amended, it reads ‘‘Transactions in stocks with a per share stock price less than $1.00.’’ 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 4 of the Act in general and furthers the objectives of Section 6(b)(4) 5 in particular, in that it is designed provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. The Exchange believes that the proposal does not constitute an inequitable allocation of dues, fees and other charges as all member organizations will be subject to the same fee structure. 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 purpose of the 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 The foregoing rule change is effective upon filing pursuant to Section 4 15 5 15 U.S.C. 78f. U.S.C. 78f(b)(4). E:\FR\FM\14MYN1.SGM 14MYN1 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices 19(b)(3)(A) 6 of the Act and Rule 19b– 4(f)(2) 7 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, 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–NYSE–2009–47 on the subject line. identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSE– 2009–47 and should be submitted on or before June 4, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–11165 Filed 5–13–09; 8:45 am] 7 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). VerDate Nov<24>2008 17:37 May 13, 2009 Dated: May 8, 2009. C. Miller Crouch, Acting Assistant Secretary for Educational, and Cultural Affairs, Department of State. [FR Doc. E9–11300 Filed 5–13–09; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice 6615] Industry Advisory Panel: Notice of Open Meeting DEPARTMENT OF STATE [PUBLIC NOTICE 6614] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Scripture for the Eyes: Bible Illustration in Netherlandish Prints of the Sixteenth Century’’ 8 17 Jkt 217001 address is U.S. Department of State, SA– 44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. BILLING CODE 8010–01–P SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. Paper Comments 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and • Send paper comments in triplicate Restructuring Act of 1998 (112 Stat. to Elizabeth M. Murphy, Secretary, 2681, et seq.; 22 U.S.C. 6501 note, et Securities and Exchange Commission, seq.), Delegation of Authority No. 234 of 100 F Street, NE., Washington, DC October 1, 1999, Delegation of Authority 20549–1090. No. 236 of October 19, 1999, as All submissions should refer to File amended, and Delegation of Authority Number SR–NYSE–2009–47. This file No. 257 of April 15, 2003 [68 FR 19875], number should be included on the subject line if e-mail is used. To help the I hereby determine that the objects in the exhibition: ‘‘Scripture for the Eyes: Commission process and review your Bible Illustration in Netherlandish comments more efficiently, please use only one method. The Commission will Prints of the Sixteenth Century,’’ post all comments on the Commission’s imported from abroad for temporary exhibition within the United States, are Internet Web site (https://www.sec.gov/ of cultural significance. The objects are rules/sro.shtml). Copies of the imported pursuant to loan agreements submission, all subsequent with the foreign owners or custodians. amendments, all written statements I also determine that the exhibition or with respect to the proposed rule display of the exhibit objects at the change that are filed with the Museum of Biblical Art, New York, NY, Commission, and all written from on or about June 4, 2009, until on communications relating to the or about September 27, 2009; Michael C. proposed rule change between the Commission and any person, other than Carlos Museum, Atlanta, GA, from on or about October 17, 2009, until on or those that may be withheld from the about January 24, 2010, and at possible public in accordance with the additional exhibitions or venues yet to provisions of 5 U.S.C. 552, will be be determined, is in the national available for inspection and copying in interest. Public Notice of these the Commission’s Public Reference Room on official business days between Determinations is ordered to be published in the Federal Register. the hours of 10 a.m. and 3 p.m. Copies FOR FURTHER INFORMATION CONTACT: For of such filing also will be available for further information, including a list of inspection and copying at the principal the exhibit objects, contact Julie office of the Exchange. All comments received will be posted without change; Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of the Commission does not edit personal State (telephone: 202–453–8050). The 6 15 22799 PO 00000 The Industry Advisory Panel of Overseas Buildings Operations will meet on Tuesday, June 2, 2009 from 9:30 a.m. until 3:30 p.m. Eastern Standard Time. The meeting will be held in room 1107 of the U.S. Department of State, located at 2201 C Street, NW., (entrance on 23rd Street) Washington, DC. For logistical and security reasons, it is imperative that everyone enter and exit using only the 23rd Street entrance. The majority of the meeting is devoted to an exchange of ideas between the Department’s Bureau of Overseas Buildings Operations’ senior management and the panel members, on design, operations, and building maintenance. Members of the public are asked to kindly refrain from joining the discussion until Director Shinnick opens the discussion to them. Entry to the building is controlled; to obtain pre-clearance for entry, members of the public planning to attend should provide, by May 22, 2009, their name, professional affiliation, date of birth, citizenship, and a valid governmentissued ID number (i.e., U.S. government ID, U.S. military ID, passport, or drivers license with state) by e-mailing: iapr@state.gov. Because of space restrictions, we request that companies interested in attending send only one representative. If you have any questions, please contact Andrea Walk at walkam@state.gov or on (703) 516–1544. Dated: May 1, 2009. Richard J. Shinnick, Director, ad interim, Overseas Building Operations, Department of State. [FR Doc. E9–11302 Filed 5–13–09; 8:45 am] BILLING CODE 4710–24–P CFR 200.30–3(a)(12). Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Notices]
[Pages 22798-22799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11165]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59863; File No. SR-NYSE-2009-47]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To 
Modify Certain Equity Transaction Fees and Rebates

May 5, 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 April 30, 2009, New York Stock Exchange LLC (the ``NYSE'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule changes as described in Items I, 
II and III below, which Items have been prepared by the Exchange. 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\ 15 U.S.C. 78a et seq.
    \3\ 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 make a number of changes to its schedule 
of equity transaction fees and rebates, with effect from May 1, 2009. 
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. The NYSE has prepared summaries, 
set forth in Sections A, B and C below, of the most significant aspects 
of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to make a number of changes to its schedule 
of equity transaction fees, with effect from May 1, 2009.
    The following are the proposed changes:
     Currently, the Exchange caps trading fees per transaction 
at $120. This cap is being eliminated and there will no longer be any 
limit on the trading fees that may be incurred in connection with a 
transaction. The $120 trading fee cap per transaction will be retained 
for market at-the-close and limit at-the-close orders.
     The price list does not currently indicate what fee is 
charged when orders are executed at the close (except for market at-
the-close and limit at-the-close orders). The Exchange's practice has 
been to not charge a fee when this happens and now proposes to 
formalize this approach by clearly stating it in the price list.
     Designated Market Makers whose orders are executed at the 
close receive a credit of $0.0005 per share. The Exchange now proposes 
to provide (i) a credit of $0.0012 per share to floor brokers whose 
orders are executed at the close and (ii) a credit of $0.0005 per share 
to Supplemental Liquidity Providers whose orders are executed at the 
close.
     Agency cross trades (i.e., a trade where a Member 
Organization has customer orders to buy and sell an equivalent amount 
of the same security) of 10,000 shares or more are currently free of 
charge. The Exchange proposes to extend this approach to agency cross 
trades of fewer than 10,000 shares, so that all agency cross trades 
will be free of charge regardless of size.
    The subheading ``Transactions in stocks with a per share stock 
price of $1.00 or less'' is modified to clarify that the fees under 
that subheading actually apply only to transactions in stocks with a 
price of less than $1.00. As amended, it reads ``Transactions in stocks 
with a per share stock price less than $1.00.''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 \4\ of the Act in general and furthers 
the objectives of Section 6(b)(4) \5\ in particular, in that it is 
designed provide for the equitable allocation of reasonable dues, fees 
and other charges among its members and other persons using its 
facilities. The Exchange believes that the proposal does not constitute 
an inequitable allocation of dues, fees and other charges as all member 
organizations will be subject to the same fee structure.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 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 purpose of the 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

    The foregoing rule change is effective upon filing pursuant to 
Section

[[Page 22799]]

19(b)(3)(A) \6\ of the Act and Rule 19b-4(f)(2) \7\ thereunder.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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-NYSE-2009-47 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-NYSE-2009-47. 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 
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-
NYSE-2009-47 and should be submitted on or before June 4, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11165 Filed 5-13-09; 8:45 am]
BILLING CODE 8010-01-P
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