Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete All References in the NYSE Rule Book to “Alternext” and “Alternext US” and Substitute References to “Amex” To Reflect the Recent Name Change of NYSE Alternext US LLC to NYSE Amex LLC, 22782-22783 [E9-11228]
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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices
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 will also be available
for inspection and copying at the
principal office of the MSRB. 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 No.
SR–MSRB–2009–06 and should be
submitted on or before June 4, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.4
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11167 Filed 5–13–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59884; File No. SR–NYSE–
2009–43]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Delete All
References in the NYSE Rule Book to
‘‘Alternext’’ and ‘‘Alternext US’’ and
Substitute References to ‘‘Amex’’ To
Reflect the Recent Name Change of
NYSE Alternext US LLC to NYSE Amex
LLC
May 7, 2009.
pwalker on PROD1PC71 with NOTICES
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 22,
2009, New York Stock Exchange LLC
(‘‘NYSE’’ 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 NYSE. The
Exchange has designated this proposal
as one concerned solely with the
administration of the Exchange
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(3)
thereunder,4 which renders the proposal
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
4 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(3).
17:37 May 13, 2009
‘‘Amex’’ to accurately reflect the recent
name change of the Amex SRO.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
2. Statutory Basis
The Exchange proposes to amend the
NYSE Rule Book to delete all references
therein to ‘‘Alternext’’ and ‘‘Alternext
US’’ and substitute references to
‘‘Amex’’ to reflect the recent name
change of NYSE Alternext US LLC to
NYSE Amex LLC. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and https://
www.nyse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NYSE 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 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
On March 18, 2009, NYSE Alternext
US LLC (the ‘‘Amex SRO’’), formerly
American Stock Exchange LLC prior to
its acquisition by NYSE Euronext on
October 1, 2008, filed a Certificate of
Amendment with the Secretary of State
of the State of Delaware to officially
change its name to NYSE Amex LLC.
Earlier, on March 3, 2009, the Amex
SRO had filed a Form 19b-4 with the
Commission proposing to amend its
rules to reflect the name change, and the
Commission issued a Notice with
respect to that rule filing on March 13,
2009.5
The Exchange has a number of
outdated references in its Rule Book to
the Amex SRO under the old name,
specifically in Rules 2, 6A, 18, 36, 103B
and 300. The purpose of this proposed
rule change is to amend the Exchange’s
Rule Book to delete all references
therein to ‘‘Alternext’’ and ‘‘Alternext
US’’ and substitute references to
5 See Securities Exchange Act Release No. 34–
59575 (March 13, 2009), 74 FR 11803 (March 19,
2009): Notice of Filing and Immediate Effectiveness
of Proposed Rule Change (File No. SR–NYSEALTR–
2009–24).
1 15
VerDate Nov<24>2008
comments on the proposed rule change
from interested persons.
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Frm 00057
Fmt 4703
Sfmt 4703
The Exchange believes the proposed
rule change is consistent with Section
6(b) 6 of the Securities Exchange Act of
1934 (the ‘‘Act’’), in general, and
furthers the objectives of Section
6(b)(5) 7 in particular in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, 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. More specifically,
updating the references in the
Exchange’s rules to reflect the correct
name of the Amex SRO may help
eliminate potential confusion among
investors who may not be aware that a
name change has taken place.
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 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 is concerned solely with the
administration of the Exchange, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and
subparagraph (f)(3) of Rule 19b–4
thereunder.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
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(3).
7 15
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices
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–NYSE–2009–43 on the
subject line.
Paper Comments
pwalker on PROD1PC71 with NOTICES
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11228 Filed 5–13–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59888; File No. SR–ISE–
2009–23]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change, as Modified
by Amendment No. 1, by the
International Securities Exchange, LLC
Relating to Amending the Direct Edge
ECN Fee Schedule To Increase the
Super Tier Rebate in Securities
Reported To Tape A and Tape C
May 7, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
All submissions should refer to File
notice is hereby given that on May 1,
Number SR–NYSE–2009–43. This file
2009, the International Securities
number should be included on the
Exchange, LLC (the ‘‘Exchange’’ or the
subject line if e-mail is used. To help the
‘‘ISE’’) filed with the Securities and
Commission process and review your
Exchange Commission (‘‘Commission’’)
comments more efficiently, please use
the proposed rule change as described
only one method. The Commission will in Items I, II, and III below, which items
post all comments on the Commission’s have been prepared by the selfInternet Web site (https://www.sec.gov/
regulatory organization. The
rules/sro.shtml). Copies of the
Commission is publishing this notice to
submission, all subsequent
solicit comments on the proposed rule
amendments, all written statements
change from interested persons.
with respect to the proposed rule
I. Self-Regulatory Organization’s
change that are filed with the
Statement of the Terms of Substance of
Commission, and all written
the Proposed Rule Change
communications relating to the
The Exchange proposes to amend
proposed rule change between the
Commission and any person, other than Direct Edge ECN’s (‘‘DECN’’) fee
schedule for ISE Members 3 to raise the
those that may be withheld from the
Super Tier Rebates, as defined below,
public in accordance with the
for securities reported to Tape A and
provisions of 5 U.S.C. 552, will be
Tape C and to make certain other
available for inspection and copying in
clarifying changes. All of the changes
the Commission’s Public Reference
described herein are applicable to ISE
Room, 100 F Street, NE., Washington,
Members.
DC 20549, on official business days
The text of the proposed rule change
between the hours of 10 a.m. and 3 p.m. is available on the Exchange’s Internet
Copies of such filing also will be
Web site at https://www.ise.com.
available for inspection and copying at
II. Self-Regulatory Organization’s
the principal office of NYSE. All
Statement of the Purpose of, and
comments received will be posted
Statutory Basis for, the Proposed Rule
without change; the Commission does
Change
not edit personal identifying
In its filing with the Commission, the
information from submissions. You
self-regulatory organization included
should submit only information that
you wish to make available publicly. All statements concerning the purpose of,
submissions should refer to File
10 17 CFR 200.30–3(a)(12).
Number SR–NYSE–2009–43 and should
1 15 U.S.C. 78s(b)(1).
be submitted on or before June 4, 2009.
2 17 CFR 240.19b–4.
3 References
to ISE Members in this filing refer to
DECN Subscribers who are ISE Members.
VerDate Nov<24>2008
17:37 May 13, 2009
Jkt 217001
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
22783
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 self-regulatory organization 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
DECN, a facility of ISE, operates two
trading platforms, EDGX and EDGA.
Currently, DECNs’ fee schedule includes
a per share rebate in securities reported
to Tape A and Tape C of $0.0029 per
share for ISE Members that add liquidity
on EDGX if the ISE Member satisfies any
of the following three criteria on a daily
basis, measured monthly: (i) Adding
40,000,000 shares or more on either
EDGX, EDGA or EDGX and EDGA
combined; (ii) adding 20,000,000 shares
or more on either EDGX, EDGA or EDGX
and EDGA combined and routing
20,000,000 shares or more through
EDGA; or (iii) adding 10,000,000 shares
or more of liquidity to EDGX, so long as
added liquidity on EDGX is at least
5,000,000 shares greater than the
previous calendar month. The rebate
described above is referred to as a
‘‘Super Tier Rebate’’ on the DECN fee
schedule.
The Exchange is now proposing to
raise the aforementioned Super Tier
Rebate from $0.0029 to $0.003 per share.
The Exchange is raising this rebate to
maintain a competitive rate. This fee
change will become operative on May 1,
2009.
In an effort to increase volume on
EDGA, DECN currently offers volume
discounts for ISE Members who route
20,000,000 shares or more on a daily
basis, measured monthly, to Nasdaq
through EDGA using order types that are
solely eligible for routing to Nasdaq.
Such orders are currently charged at
$0.0025 per share with respect to EDGA
routed volume. ISE Members routing
30,000,000 shares per day are charged
$0.0024 per share with respect to EDGA
routed volume. Recently, Nasdaq has
amended its pricing by increasing its fee
for orders that remove liquidity by
$0.0004.4 Accordingly, the Exchange is
now proposing to amend the DECN
volume discounts that apply to ISE
Members by increasing each volume
discount fee by $0.0004, which will
4 See Securities and Exchange Commission
Release No. 59843 (April 29, 2009), 74 FR 21046
(May 6, 2009) (SR–NASDAQ–2009–035).
E:\FR\FM\14MYN1.SGM
14MYN1
]]>Agencies
[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Notices]
[Pages 22782-22783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11228]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59884; File No. SR-NYSE-2009-43]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delete All References in the NYSE Rule Book to ``Alternext'' and
``Alternext US'' and Substitute References to ``Amex'' To Reflect the
Recent Name Change of NYSE Alternext US LLC to NYSE Amex LLC
May 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 22, 2009, New York Stock Exchange LLC (``NYSE'' 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 NYSE. The Exchange has
designated this proposal as one concerned solely with the
administration of the Exchange pursuant to Section 19(b)(3)(A)(iii) of
the Act \3\ and Rule 19b-4(f)(3) 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)(iii).
\4\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the NYSE Rule Book to delete all
references therein to ``Alternext'' and ``Alternext US'' and substitute
references to ``Amex'' to reflect the recent name change of NYSE
Alternext US LLC to NYSE Amex LLC. The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and https://www.nyse.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, NYSE 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 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
On March 18, 2009, NYSE Alternext US LLC (the ``Amex SRO''),
formerly American Stock Exchange LLC prior to its acquisition by NYSE
Euronext on October 1, 2008, filed a Certificate of Amendment with the
Secretary of State of the State of Delaware to officially change its
name to NYSE Amex LLC. Earlier, on March 3, 2009, the Amex SRO had
filed a Form 19b-4 with the Commission proposing to amend its rules to
reflect the name change, and the Commission issued a Notice with
respect to that rule filing on March 13, 2009.\5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 34-59575 (March 13,
2009), 74 FR 11803 (March 19, 2009): Notice of Filing and Immediate
Effectiveness of Proposed Rule Change (File No. SR-NYSEALTR-2009-
24).
---------------------------------------------------------------------------
The Exchange has a number of outdated references in its Rule Book
to the Amex SRO under the old name, specifically in Rules 2, 6A, 18,
36, 103B and 300. The purpose of this proposed rule change is to amend
the Exchange's Rule Book to delete all references therein to
``Alternext'' and ``Alternext US'' and substitute references to
``Amex'' to accurately reflect the recent name change of the Amex SRO.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \7\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, 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. More specifically, updating the references in the
Exchange's rules to reflect the correct name of the Amex SRO may help
eliminate potential confusion among investors who may not be aware that
a name change has taken place.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 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 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 is concerned solely with
the administration of the Exchange, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(3) of Rule 19b-
4 thereunder.\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 interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
[[Page 22783]]
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-2009-43 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-2009-43. 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 such filing also will be available for
inspection and copying at the principal office of NYSE. 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-2009-43 and should be
submitted on or before June 4, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------
\10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11228 Filed 5-13-09; 8:45 am]
BILLING CODE 8010-01-P
