Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending NYSE Arca Options Rule 6.76A, 42710-42711 [E9-20240]
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42710
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices
principal office of CBOE, ISE, Nasdaq,
BOX, Phlx, NYSE Amex, and NYSE
Arca. 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 4–546 and should be submitted
on or before September 14, 2009.
IV. Conclusion
It is therefore ordered, pursuant to
Section 11A of the Act 9 and Rule 608
of Regulation NMS,10 that the proposed
Joint Amendment No. 1 is summarily
put into effect until December 22, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–20191 Filed 8–21–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Arca, Inc. Amending NYSE Arca
Options Rule 6.76A
August 18, 2009.
erowe on DSK5CLS3C1PROD with NOTICES
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 August
13, 2009, NYSE Arca, Inc. (‘‘NYSE
Arca’’ 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 selfregulatory 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 eliminate
Rule 6.76A(c) reflecting unimplemented
routing functionality. The text of the
proposed rule change is attached as
U.S.C. 78k–1.
CFR 242.608.
11 17 CFR 200.30–3(a)(29).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
15:04 Aug 21, 2009
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
The Exchange hereby proposes to
eliminate references to exposure before
routing functionality from NYSE Arca
Options Rule 6.76A(c).4 The Exchange
has not implemented this functionality
and has no plans to implement it. The
Exchange does not believe that this
functionality is appropriate for the
marketplace. As such, the Exchange
proposes to delete references to this
functionality from its rules.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) 5 of the Act, in general, and
furthers the objectives of Section
6(b)(5),6 in particular, in that it is
designed to facilitate transactions in
securities, to promote just and equitable
principles of trade, to enhance
competition, and to protect investors
and the public interest.
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.
4 See Securities Exchange Act Release No. 34–
59846 (April 29, 2009), 74 FR 21033 (May 6, 2009)
(notice of filing and immediate effectiveness of SR–
NYSEArca–2009–34).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
10 17
VerDate Nov<24>2008
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
[Release No. 34–60522; File No. SR–
NYSEArca–2009–76]
9 15
Exhibit 5 to the 19b–4 form. A copy of
this filing 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.
Jkt 217001
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Frm 00067
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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 Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 7 and Rule
19b–4(f)(6) thereunder.8 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and Rule 19b–4(f)(6)(iii)
thereunder.10
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–NYSEArca–2009–76 on the
subject line.
7 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Commission
deems this requirement to be met.
8 17
E:\FR\FM\24AUN1.SGM
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60493; File No. SR–
BSECC–2009–04]
Self-Regulatory Organizations; the
Boston Stock Exchange Clearing
All submissions should refer to File
Corporation; Notice of Filing and
Number SR–NYSEArca–2009–76. This
Immediate Effectiveness of Proposed
file number should be included on the
Rule Change Related to an
subject line if e-mail is used. To help the
Amendment to the By-Laws of The
Commission process and review your
NASDAQ OMX Group, Inc.
comments more efficiently, please use
only one method. The Commission will August 12, 2009.
post all comments on the Commission’s
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
Internet Web site (https://www.sec.gov/
(‘‘Act’’),1 notice is hereby given that on
rules/sro.shtml). Copies of the
July 22, 2009, Boston Stock Exchange
submission, all subsequent
Clearing Corporation (‘‘BSECC’’) filed
amendments, all written statements
with the Securities and Exchange
with respect to the proposed rule
Commission (‘‘Commission or SEC’’) the
change that are filed with the
proposed rule change described in Items
Commission, and all written
I and II below, which items have been
communications relating to the
prepared primarily by BSECC. BSECC
proposed rule change between the
under
Commission and any person, other than filed the proposed rule change 2
Rule 19b–4(f)(6) under the Act so that
those that may be withheld from the
the proposal was effective upon filing
public in accordance with the
with the Commission. The Commission
provisions of 5 U.S.C.552, will be
is publishing this notice to solicit
available for inspection and copying in
comments on the rule change from
the Commission’s Public Reference
interested parties.
Room, on official business days between
I. Self-Regulatory Organization’s
the hours of 10 a.m. and 3 p.m. Copies
Statement of the Terms of Substance of
of the filing also will be available for
the Proposed Rule Change
inspection and copying at the principal
office of the Exchange. All comments
BSECC is filing this proposed rule
received will be posted without change; change with regard to proposed changes
the Commission does not edit personal
to the bylaws of its parent corporation,
The NASDAQ OMX Group, Inc.
identifying information from
(‘‘NASDAQ OMX’’). The proposed rule
submissions. You should submit only
change will be implemented as soon as
information that you wish to make
practicable following submission of this
available publicly. All submissions
filing. The text of the proposed rule
should refer to File Number SR–
change is available at https://
NYSEArca–2009–76 and should be
nasdaqomxbx.cchwallstreet.com, at
submitted on or before September 14,
BSECC’s principal office, and at the
2009.
Commission’s Public Reference Room.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–20240 Filed 8–21–09; 8:45 am]
erowe on DSK5CLS3C1PROD with NOTICES
BILLING CODE 8010–01–P
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
BSECC 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. BSECC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.3
1 15
11 17
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4(f)(6).
3 The Commission has modified the text of the
summaries prepared by DTC.
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
15:04 Aug 21, 2009
Jkt 217001
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
42711
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NASDAQ OMX made certain
amendments to its by-laws to update its
by-laws and to make improvements in
its governance. In SR–NASDAQ–2009–
039, The NASDAQ Stock Market LLC
(‘‘NASDAQ Exchange’’) sought and
received Commission approval to adopt
these by-law changes as part of the rules
of the NASDAQ Exchange.4 BSECC is
submitting this filing to adopt the same
by-law changes as rules of BSECC.
The proposed changes to the by-laws
are as follows:
• Article I is being amended to reflect
the recent name changes of the
Philadelphia Stock Exchange and the
Boston Stock Exchange to NASDAQ
OMX PHLX, Inc. and NASDAQ OMX
BX, Inc., respectively.
• Article III is being amended to
modify the procedures governing
proposals by stockholders, including
proposals by stockholders to nominate
directors. Specifically, the amendment
will require a stockholder making a
proposal to supply more complete
information about the stockholder’s
background, including a description of
any agreement, arrangement, or
understanding between the stockholder,
the beneficial owner of the stock, and
any other persons acting in concert with
them; a description of any agreement,
arrangement or understanding
(including any derivative or short
positions, profit interests, options,
warrants, convertible securities, stock
appreciation or similar rights, hedging
transactions, and borrowed or loaned
shares), the effect or intent of which is
to mitigate loss to, manage risk or
benefit of share price changes for, or
increase or decrease the voting power
of, such stockholder or such beneficial
owner, with respect to shares of stock of
NASDAQ OMX; and any other
information regarding the stockholder
and beneficial owner that would be
required to be disclosed in a proxy
statement under Section 14(a) of the
Act. These changes are designed to
provide the NASDAQ OMX Board of
Directors and its stockholders with
greater insight into the identity and
intentions of persons presenting
stockholder proposals to allow more
thorough consideration of the merits of
such proposals. These requirements are
4 Securities Exchange Act Release No. 59858 (May
4, 2009), 74 FR 22191 (May 12, 2009) (SR–
NASDAQ–2009–039); Securities Exchange Act
Release No. 60183 (June 26, 2009), 74 FR 32207
(July 7, 2009) (SR–NASDAQ–2009–039).
E:\FR\FM\24AUN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42710-42711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20240]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60522; File No. SR-NYSEArca-2009-76]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending NYSE
Arca Options Rule 6.76A
August 18, 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 August 13, 2009, NYSE Arca, Inc. (``NYSE Arca'' 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\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 eliminate Rule 6.76A(c) reflecting
unimplemented routing functionality. The text of the proposed rule
change is attached as Exhibit 5 to the 19b-4 form. A copy of this
filing 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
The Exchange hereby proposes to eliminate references to exposure
before routing functionality from NYSE Arca Options Rule 6.76A(c).\4\
The Exchange has not implemented this functionality and has no plans to
implement it. The Exchange does not believe that this functionality is
appropriate for the marketplace. As such, the Exchange proposes to
delete references to this functionality from its rules.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 34-59846 (April 29,
2009), 74 FR 21033 (May 6, 2009) (notice of filing and immediate
effectiveness of SR-NYSEArca-2009-34).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) \5\ of the Act, in general, and furthers the
objectives of Section 6(b)(5),\6\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition, and to protect investors
and the public interest.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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 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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6)(iii) thereunder.\10\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(iii).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission deems this requirement to be met.
---------------------------------------------------------------------------
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-NYSEArca-2009-76 on the subject line.
[[Page 42711]]
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-NYSEArca-2009-76. 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 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-NYSEArca-2009-76 and should be submitted on or before
September 14, 2009.
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. E9-20240 Filed 8-21-09; 8:45 am]
BILLING CODE 8010-01-P
