Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change as Modified by Amendment No. 1 Thereto Extending a Temporary Equity Transaction Fee for Shares Executed on the NYSE MatchPointSM, 34615-34616 [E9-16855]
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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices
should be submitted on or before
August 6, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–16856 Filed 7–15–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60278; File No. SR–NYSE–
2009–67]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change as Modified by
Amendment No. 1 Thereto Extending a
Temporary Equity Transaction Fee for
Shares Executed on the NYSE
MatchPointSM System
July 10, 2009.
erowe on DSK5CLS3C1PROD with NOTICES
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on July 6,
2009, New York Stock Exchange LLC
(‘‘NYSE’’ or ‘‘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. On
July 8, 2009, the Exchange filed
Amendment No. 1 to the proposed rule
change.4 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 extend a
temporary equity transaction fee for
shares executed on the NYSE
MatchPointSM (‘‘NYSE MatchPoint’’ or
‘‘MatchPoint’’) system, effective upon
filing through July 31, 2009. The
Exchange will charge each member
organization using the MatchPoint
system a per share fee scaled to the
average daily volume of shares it
executes on the MatchPoint system. The
text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room,
and https://www.nyse.com.
6 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.
4 Amendment No. 1 made a technical correction
to the proposed changes to the NYSE Fee Schedule.
1 15
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15:08 Jul 15, 2009
Jkt 217001
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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On January 7, 2009, the Exchange
filed with the Securities and Exchange
Commission (the ‘‘Commission’’) a
proposed rule change to adopt a
temporary equity transaction fee for
shares executed on the NYSE
MatchPointSM system, effective until
February 28, 2009 (the ‘‘January
filing’’).5 On February 26, 2009, the
Exchange filed with the Commission a
proposed rule change to extend this
temporary equity transaction fee until
April 30, 2009 (the ‘‘March filing’’).6 On
April 29, 2009, the Exchange filed with
the Commission a proposed rule change
to further extend this temporary equity
to transaction fee until June 30, 2009
(the ‘‘April filing’’).7 Through this filing,
the Exchange proposes to extend this
equity transaction fee to be effective
upon filing through July 31, 2009.
Prior to the January filing, the equity
transaction fee was $.0015 per share
executed on the MatchPoint system. In
the January filing, the Exchange
proposed to adopt a scaled fee for
MatchPoint users based on the average
daily volume of shares executed during
a calendar month through the
MatchPoint system as follows:
34615
The March and April filings proposed
to continue this fee schedule.
The Exchange believes that the
extension of the fee schedule through
July 31, 2009 will continue to reward
those who have been using the
MatchPoint system for share execution,
and will provide a continued incentive
for new participants in MatchPoint.
2. Statutory Basis
The basis under the Securities
Exchange Act of 1934 (the ‘‘Act’’) 8 for
the proposed rule change is the
requirement under Section 6(b)(4) that
an exchange have rules that provide for
the equitable allocation of reasonable
dues, fees and other charges among its
members and other persons using its
facilities. The Exchange believes the
fees are reasonable in that they carry
forward a reduction in fees that the
January filing established and that the
March and April filings extended, and
are equitable in that they are available
to all members who access the
MatchPoint system.
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 foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 9 of the Act and
subparagraph (f)(2) of Rule 19b–4 10
thereunder, because it establishes a due,
fee, or other charge imposed by the
Average daily volume of
Rate
NYSE.
shares executed
(per share)
At any time within 60 days of the
50,000 shares or less ...........
$.0015 filing of the proposed rule change, the
Over 50,000 to 499,999 .......
.0010 Commission may summarily abrogate
500,000 and greater .............
.0005 such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
5 See Securities Exchange Act Release No. 59229
interest, for the protection of investors,
(January 12, 2009) 74 FR 3119 (January 16, 2009)
(SR–NYSE–2009–01).
or otherwise in furtherance of the
6 See Securities Exchange Act Release No. 59491
purposes of the Act.
(March 3, 2009) 74 FR 10107 (March 9, 2009) (SR–
NYSE–2009–20).
7 See Securities Exchange Act Release No. 59864
(May 5, 2009) 74 FR 22194 (May 12, 2009) (SR–
NYSE–2009–44).
PO 00000
Frm 00067
Fmt 4703
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8 15
U.S.C. 78a.
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(2).
9 15
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16JYN1
34616
Federal Register / Vol. 74, No. 135 / Thursday, July 16, 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–2009–67 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–2009–67. 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–NYSE–2009–67 and should
be submitted on or before August 6,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–16855 Filed 7–15–09; 8:45 am]
BILLING CODE 8010–01–P
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection
Activities: 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,
effective October 1, 1995. This notice
includes revisions to OMB-approved
information collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize the burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and the SSA Reports Clearance Officer
to the addresses or fax numbers shown
below.
(OMB) Office of Management and
Budget, Attn: Desk Officer for SSA, Fax:
202–395–6974, E-mail address:
OIRA_Submission@omb.eop.gov.
Number
of respondents
Modality of completion
(SSA) Social Security Administration,
DCBFM, Attn: Reports Clearance
Officer, 1332 Annex Building, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–965–6400, E-mail address:
OPLM.RCO@ssa.gov.
SSA has submitted the information
collections we list below to OMB for
clearance. Your comments on the
information collections would be most
useful if OMB and SSA receive them
within 30 days from the date of this
publication. To be sure we consider
your comments, we must receive them
no later than August 17, 2009. 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 email address.
1. Appointed Representative
Services—0960–0732. SSA uses Form
SSA–1699 to register the following
people:
• Individuals appointed as
representatives;
• Individuals who will perform
advocacy services on behalf of an
appointed representative;
• Individuals who will act on behalf
of an appointed representative and want
access to our electronic services; and
• Individuals who will serve as
administrators for an entity appointed
as a representative.
By registering these individuals, SSA:
(1) Authenticates and authorizes them
to do business with us; (2) allows them
access to our records for the claimants
they represent; (3) facilitates direct
payment of authorized fees to appointed
representatives; and (4) collects
information needed to meet IRS
requirements to issue specific IRS
forms, if we pay these representatives in
excess of a specific amount ($600).
This information collection request is
for changes we will implement later in
the year. The respondents are appointed
claimant representatives.
Type of Request: Revision to an OMB
approved information collection.
Average
burden per response
(minutes)
Frequency
of
response
Estimated
annual
burden (hours)
erowe on DSK5CLS3C1PROD with NOTICES
SSA–1699 (paper form) ...................................................................
Internet-based SSA–1699 ...............................................................
52,800
13,200
1
1
30
22
26,400
4,840
Totals ........................................................................................
66,000
............................
............................
31,240
11 17
CFR 200.30–3(a)(12).
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15:08 Jul 15, 2009
Jkt 217001
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16JYN1
]]>Agencies
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34615-34616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16855]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60278; File No. SR-NYSE-2009-67]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change as
Modified by Amendment No. 1 Thereto Extending a Temporary Equity
Transaction Fee for Shares Executed on the NYSE MatchPoint\SM\ System
July 10, 2009.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on July 6, 2009, New York Stock Exchange LLC (``NYSE'' or
``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. On July 8, 2009, the Exchange filed Amendment No. 1 to
the proposed rule change.\4\ 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.
\3\ 17 CFR 240.19b-4.
\4\ Amendment No. 1 made a technical correction to the proposed
changes to the NYSE Fee Schedule.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to extend a temporary equity transaction fee
for shares executed on the NYSE MatchPoint\SM\ (``NYSE MatchPoint'' or
``MatchPoint'') system, effective upon filing through July 31, 2009.
The Exchange will charge each member organization using the MatchPoint
system a per share fee scaled to the average daily volume of shares it
executes on the MatchPoint system. 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, 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
Statutory Basis for, the Proposed Rule Change
1. Purpose
On January 7, 2009, the Exchange filed with the Securities and
Exchange Commission (the ``Commission'') a proposed rule change to
adopt a temporary equity transaction fee for shares executed on the
NYSE MatchPoint\SM\ system, effective until February 28, 2009 (the
``January filing'').\5\ On February 26, 2009, the Exchange filed with
the Commission a proposed rule change to extend this temporary equity
transaction fee until April 30, 2009 (the ``March filing'').\6\ On
April 29, 2009, the Exchange filed with the Commission a proposed rule
change to further extend this temporary equity to transaction fee until
June 30, 2009 (the ``April filing'').\7\ Through this filing, the
Exchange proposes to extend this equity transaction fee to be effective
upon filing through July 31, 2009.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 59229 (January 12,
2009) 74 FR 3119 (January 16, 2009) (SR-NYSE-2009-01).
\6\ See Securities Exchange Act Release No. 59491 (March 3,
2009) 74 FR 10107 (March 9, 2009) (SR-NYSE-2009-20).
\7\ See Securities Exchange Act Release No. 59864 (May 5, 2009)
74 FR 22194 (May 12, 2009) (SR-NYSE-2009-44).
---------------------------------------------------------------------------
Prior to the January filing, the equity transaction fee was $.0015
per share executed on the MatchPoint system. In the January filing, the
Exchange proposed to adopt a scaled fee for MatchPoint users based on
the average daily volume of shares executed during a calendar month
through the MatchPoint system as follows:
------------------------------------------------------------------------
Rate (per
Average daily volume of shares executed share)
------------------------------------------------------------------------
50,000 shares or less................................... $.0015
Over 50,000 to 499,999.................................. .0010
500,000 and greater..................................... .0005
------------------------------------------------------------------------
The March and April filings proposed to continue this fee schedule.
The Exchange believes that the extension of the fee schedule
through July 31, 2009 will continue to reward those who have been using
the MatchPoint system for share execution, and will provide a continued
incentive for new participants in MatchPoint.
2. Statutory Basis
The basis under the Securities Exchange Act of 1934 (the ``Act'')
\8\ for the proposed rule change is the requirement under Section
6(b)(4) that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. The Exchange believes the fees
are reasonable in that they carry forward a reduction in fees that the
January filing established and that the March and April filings
extended, and are equitable in that they are available to all members
who access the MatchPoint system.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78a.
---------------------------------------------------------------------------
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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 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.
[[Page 34616]]
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-2009-67 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-2009-67. 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-NYSE-2009-67 and should be
submitted on or before August 6, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16855 Filed 7-15-09; 8:45 am]
BILLING CODE 8010-01-P
