Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC Adding Language to Several NYSE Rules To Clarify That Transactions That Occur Solely Within NYSE MatchPointSM, 46472-46474 [E9-21645]
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an e-mail to
darlene.wright@nrc.gov.
Dated: September 3, 2009.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. E9–21835 Filed 9–4–09; 4:15 pm]
BILLING CODE 7590–01–P
Dated at Rockville, Maryland, this 1st day
of September 2009.
For the Nuclear Regulatory Commission.
Martin C. Murphy,
Chief, Generic Communications Branch,
Division of Policy and Rulemaking, Office
of Nuclear Reactor Regulation.
[FR Doc. E9–21694 Filed 9–8–09; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0106]
Withdrawal of Proposed Regulatory
Issue Summary; Implementation of
New Final Rule, Protection of
Safeguards Information
BILLING CODE 7590–01–P
AGENCY: Nuclear Regulatory
Commission.
ACTION: Withdrawal of Proposed
Regulatory Issue Summary (RIS)
‘‘Implementation of New Final Rule,
Protection of Safeguards Information.’’
FOR FURTHER INFORMATION CONTACT:
Robert Norman at 301–415–2278 or by
e-mail at Robert.Norman@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is withdrawing draft
Regulatory Issue Summary (RIS)
‘‘Implementation of New Final Rule,
Protection of Safeguards Information’’
published March 12, 2009 (74 FR
10786). This draft RIS provided
stakeholders information concerning the
changes to Title 10 of the Code of
Federal Regulations (10 CFR) Parts
73.21, 73.22 and 73.23. This draft RIS
provided clarifying information of the
impact of the new rule (effective date
February 23, 2009). The NRC will not
pursue finalizing the draft RIS because
the NRC has issued Draft Regulatory
Guide (DG–5034) in the Federal
Register for public comment (74 FR
39343, 39354) to assist licensees in
meeting the requirements of 10 CFR
73.21, 73.22, and 73.23. Therefore, the
RIS is no longer needed.
II. Further Information
Regulatory guides are the preferred
method to disseminate guidance
information and are available for
inspection or downloading through the
NRC’s public Web site under
‘‘Regulatory Guides’’ in the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/doccollections.
Regulatory guides are also available for
inspection at the NRC’s Public
VerDate Nov<24>2008
15:47 Sep 08, 2009
Jkt 217001
Document Room (PDR), Room O–1 F21,
One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852–2738. The
PDR’s mailing address is US NRC PDR,
Washington, DC 20555–0001. The PDR
staff can be reached by telephone at
301–415–4737 or 800–397–4209, by fax
at 301–415–3548, and by e-mail to
pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60608; File No. SR–NYSE–
2009–85]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by New York
Stock Exchange LLC Adding Language
to Several NYSE Rules To Clarify That
Transactions That Occur Solely Within
NYSE MatchPointSM Will Be Treated
Differently Than Executions That
Occur in the NYSE Display Book® for
Certain Order Processing Purposes
September 1, 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
18, 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 and II below, which Items have
been prepared by the self-regulatory
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 add
language to several NYSE rules to clarify
that transactions that occur solely
within NYSE MatchPointSM
(‘‘MatchPoint’’ or the ‘‘facility’’) will be
treated differently than executions that
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Frm 00066
Fmt 4703
Sfmt 4703
occur in the NYSE Display Book®
(‘‘NYSE Display Book’’ or ‘‘DBK’’)for
certain order processing purposes. The
Exchange is seeking to amend NYSE
Rules 13, 15, 79A, 100, 104, 116, 123B,
123C, 123D, 124 and 1000. 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
The purpose of the proposed rule
filing is to add language to several NYSE
rules to clarify that transactions that
occur solely within the MatchPoint
facility will be treated differently than
executions that occur in the DBK for
certain order processing purposes. The
proposed additional text will not change
the core purpose of the subject rules or
the functionality of MatchPoint or other
NYSE trading systems and facilities.
Specifically, the Exchange is seeking to
amend NYSE Rules 13, 15, 79A, 100,
104, 116, 123B, 123C, 123D, 124 and
1000.
The Exchange launched MatchPoint
in January 2008 following approval of
its rule filing by the Securities and
Exchange Commission (the ‘‘SEC’’ or the
‘‘Commission’’). MatchPoint is an
anonymous point-in-time electronic
trading facility of the NYSE that
matches aggregated orders at
predetermined sessions throughout
regular hours and after hours of the
Exchange. MatchPoint trades securities
listed on all major and regional U.S.
stock exchanges.
MatchPoint is a ‘‘stand alone’’ facility
of the Exchange in that orders entered
into MatchPoint do not interact with
any other Exchange facilities or other
automated trading centers. Rather, it
matches aggregated buy and sell orders
within the facility during predetermined
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
one-minute matching sessions during
regular hours of the Exchange (at 9:45
a.m., 10 a.m., 11 a.m., 12 noon, 1 p.m.,
2 p.m., and 3 p.m.) as well as an after
hours match (at 4:45 p.m.) at a
Reference Price determined pursuant to
NYSE Rule 1500.
The MatchPoint system reports trade
execution information to the applicable
Securities Information Processors
(‘‘SIPs’’) for each MatchPoint eligible
security. Trades are reported as one
print for each security irrespective of
the number of individual buyers and
sellers with the total volume of the
transaction reported with the price.
Trades that occur in MatchPoint are
distinguished from other Tape A prints
by a print modifier that is appended to
the trades reported.
Trades that occur on MatchPoint have
always been designated with a print
modifier of ‘‘N.X.’’ Since January 2009,
this same print modifier has also been
used to designate trades that occur
solely within the New York Block
Exchange facility (‘‘NYBX’’) (see Rule
1600). However, all trades that occur in
the DBK are identified with an ‘‘N’’
print modifier, including NYBX orders
that match with DBK liquidity.
NYBX is an anonymous electronic
facility of the Exchange that is not
connected to MatchPoint. As more fully
described in Rule 1600 and related rule
filings 4 NYBX provides for the
continuous matching and execution of
orders in the NYBX facility (all of which
are non-displayed) with the aggregate of
all displayed and non-displayed orders
in the NYSE DBK (subject to routing to
away markets in compliance with
Regulation NMS). Therefore, NYBX
orders can execute with marketable nondisplayed contra side liquidity in the
NYBX facility, with marketable contra
side liquidity (displayed and/or nondisplayed) in the DBK and with any
available marketable contra side
liquidity in the Capital Commitment
Schedule (‘‘CCS’’) of the Designated
Market Makers (‘‘DMMs’’) (see Rule
1000(d)).
Executions that occur within the
NYBX facility (i.e., that execute solely
with orders within NYBX) or on
MatchPoint are treated differently than
executions that occur in the DBK
(including executions resulting from
NYBX orders matching with DBK
liquidity and CCS interest) for certain
order processing purposes. Specifically,
Exchange systems do not include either
MatchPoint or NYBX-only executions
4 See Securities Exchange Act Release No. 59282
(January 22, 2009) 74 FR 5009 (January 28, 2009)
(SR–NYSE–2008–119) (Rule 1600. NewYork Block
Exchange). See also SR–NYSE–2009–82, which was
filed with the Commission on August 12, 2009.
VerDate Nov<24>2008
15:47 Sep 08, 2009
Jkt 217001
when calculating the triggers applicable
to the following DBK executions and/or
requirements: (1) Pre-opening
indications; (2) last sale trades; (3) odd
lot trades; (4) Designated Market Maker
(‘‘DMMs’’) obligations to re-enter the
market; and (5) stop orders. These
triggers are referenced in the following
NYSE Rules: 13, 15, 79A, 100, 104, 116,
123B, 123C, 123D, 124 and 1000.
Applicable NYSE rules were
previously amended to clarify that
NYBX-only executions are not included
in the above described calculations.5
The Exchange is seeking to amend many
of the same NYSE Rules in this filing in
order to provide appropriate
consistency and clarity to the related
NYSE Rules. Therefore, with this rule
filing, the Exchange proposes to amend
the following NYSE Rules: 13, 15, 79A,
100, 104, 116, 123B, 123C, 123D, 124
and 1000. The proposed amendments
will clarify that MatchPoint executions
are also excluded from the
aforementioned calculations. Therefore,
the Exchange seeks to amend the
following rules:
(1) Rule 13 (Definitions) ‘‘Sell
‘‘Plus’’—Buy ‘‘Minus’’ Order’’ and
‘‘Stop Order’’
The Exchange is proposing to amend
these definitions to indicate that a
transaction that occurs in NYSE
MatchPoint shall not be considered in
the operation of these orders.
(2) Rule 15. ‘‘Pre-Opening
Indications’’
The Exchange is proposing to add to
section (d) of the rule that an execution
that occurs in NYSE MatchPoint shall
not be considered in the operation of
this rule.
(3) Rule 79A. ‘‘Miscellaneous
Requirements on Stock Market
Procedures’’
The Exchange is proposing to add to
subsection (C)(7) of .15 of the
Supplementary Material section of the
Miscellaneous Requirements on Stock
Market Procedures section of the rule
that the term ‘‘last sale’’ shall not
include any transaction that occurs in
NYSE MatchPoint. Additionally, the
Exchange is proposing to add to section
.20(c) of the Supplementary Material
that a transaction that occurs in NYSE
MatchPoint shall not be considered the
‘‘last sale,’’ the ‘‘current sale,’’ or the
‘‘last previous sale.’’
(4) Rule 100. ‘‘Round-Lot
Transactions of Odd-Lot Dealer or
Broker Affecting Odd-Lot Orders’’
The Exchange is proposing to add to
subsection (d) that the ‘‘last different
5 See Securities Exchange Act Release No. 59282
(January 22, 2009) 74 FR 5009 (January 28, 2009)
(SR–NYSE–2008–119).
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
46473
round lot price’’ shall not include prices
of transactions that occur in NYSE
MatchPoint.
(5) Rule 104. ‘‘Dealings and
Responsibilities of DMMs’’
The Exchange is proposing to add to
the Supplementary Material section of
Rule 104, under section .10 that the
terms ‘‘price,’’ ‘‘high price,’’ ‘‘low price’’
and ‘‘last differently-priced trade’’ shall
not include the price of any transaction
that occurs in NYSE MatchPoint.
(6) Rule 116. ‘‘ ‘Stop’ Constitutes
Guarantee’’
The Exchange is proposing to add to
the Supplementary Material section of
Rule 116, under subsection .40
(‘‘Stopping’’ stock on market-at-theclose orders’’) subparagraph (C) that for
purposes of this section .40, the ‘‘price
of the last sale’’ shall not include any
transaction that occurs in NYSE
MatchPoint.
(7) Rule 123B. ‘‘Exchange Automated
Order Routing System’’
The Exchange is proposing to add to
Rule 123B in subsection (b)(3)(‘‘Booth
Support System’’) that for purposes of
this section (3), the term ‘‘last sale’’
shall not include any transaction that
occurs in NYSE MatchPoint.
(8) Rule 123C. ‘‘Market On The Close
Policy And Expiration Procedures’’
The Exchange is proposing to add to
Supplementary Material .10 that for
purposes of Rule 123C, the terms ‘‘last
sale’’ and ‘‘last sales’’ shall not include
any transaction that occurs in NYSE
MatchPoint.
(9) Rule 123D. ‘‘Openings and Halts in
Trading’’
The Exchange is proposing to add to
Rule 123D in the Supplementary
Material Section .25 that for purposes of
this rule, a transaction that occurs in
NYSE MatchPoint shall not affect the
calculation of the ‘‘last sale,’’ ‘‘prior
close,’’ ‘‘previous close’’ or any similar
term.
(10) Rule 124. ‘‘Odd-Lot Orders’’
The Exchange is proposing to add to
Rule 124.70 in the Supplementary
Material section that references to
‘‘round-lot transaction,’’ ‘‘round-lot
Exchange transaction,’’ ‘‘opening
transaction,’’ ‘‘closing transaction,’’
‘‘reopening price,’’ ‘‘re-opening
transaction,’’ ‘‘price’’ and ‘‘sale’’ shall
not include any transaction that occurs
in NYSE MatchPoint.
(11) Rule 1000. ‘‘Automatic Execution
of Limit Orders Against Order Reflected
in NYSE Published Quotation’’
The Exchange is proposing to add to
Rule 1000.11 in the Supplementary
Material section that with respect to
‘‘sale,’’ ‘‘sale price,’’ ‘‘last sale price,’’
‘‘closing price’’ and similar terms shall
E:\FR\FM\09SEN1.SGM
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46474
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
not include any transaction that occurs
in NYSE MatchPoint.
In each of the rule changes described
above, the Exchange also proposes to
add a reference to Rule 1500 (‘‘NYSE
MatchPointSM’’).
Market data for NYSE-listed securities
that trade on MatchPoint is
disseminated via the consolidated tape
pursuant to the Consolidated Tape
Association Plan (‘‘CTA Plan’’). Trade
reports of securities that are governed by
the Unlisted Trade Privileges Plan
(‘‘UTP Plan’’) are disseminated pursuant
to the UTP Plan. Because MatchPoint
and NYBX are facilities of the Exchange,
and not withstanding the exclusions
described above, all trades executed in
either MatchPoint or NYBX indicate the
market of execution as the NYSE for
CTA and UTP purposes.
2. Statutory Basis
The basis under the Securities
Exchange Act of 1934 (the ‘‘Act’’) for
this proposed rule change is the
requirement under Section 6(b)(5) that
an Exchange have rules that are
designed to promote just and equitable
principles of trade, 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. The Exchange believes
the proposed rule changes support these
principles in that they will clarify that
certain NYSE rules do not apply to
executions that occur on MatchPoint.
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.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
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: (i) Does not significantly affect
the protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 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
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15:47 Sep 08, 2009
Jkt 217001
investors and the public interest, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7
The Exchange has requested that the
Commission waive the 30-day operative
delay and designate the proposed rule
change immediately operative. The
Exchange believes that waiving the
operative delay, by immediately
clarifying how trades executed in NYSE
MatchPoint will be treated for purposes
of the application of certain other
Exchange rules, will eliminate potential
confusion by granting market
participants a better understanding of
the effect that MatchPoint trades have
on the market. The Commission believes
such waiver is consistent with the
protection of investors and the public
interest.8 Accordingly, the Commission
designates the proposed rule change
operative upon filing with the
Commission.
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–NYSE–2009–85 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the self-regulatory organization
to submit to the Commission written notice of its
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
Exchange has satisfied this requirement.
8 For purposes only of waiving the 30-day
operative delay of this proposal, the Commission
has considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
7 17
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSE–2009–85. 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–
2009–85 and should be submitted on or
before September 30, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–21645 Filed 9–8–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60612; File No. SR–NYSE–
2009–88]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by New York
Stock Exchange LLC to Modify the
Cure Provisions Under Its Dollar Stock
Price Continued Listing Standard
September 2, 2009.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Exchange Act’’) 2 and Rule 19b–4
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
1 15
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46472-46474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21645]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60608; File No. SR-NYSE-2009-85]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Adding Language to Several NYSE Rules To Clarify That Transactions That
Occur Solely Within NYSE MatchPointSM Will Be Treated
Differently Than Executions That Occur in the NYSE Display Book[supreg]
for Certain Order Processing Purposes
September 1, 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 18, 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 and
II below, which Items have been 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 add language to several NYSE rules to
clarify that transactions that occur solely within NYSE
MatchPointSM (``MatchPoint'' or the ``facility'') will be
treated differently than executions that occur in the NYSE Display
Book[supreg] (``NYSE Display Book'' or ``DBK'')for certain order
processing purposes. The Exchange is seeking to amend NYSE Rules 13,
15, 79A, 100, 104, 116, 123B, 123C, 123D, 124 and 1000. 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
The purpose of the proposed rule filing is to add language to
several NYSE rules to clarify that transactions that occur solely
within the MatchPoint facility will be treated differently than
executions that occur in the DBK for certain order processing purposes.
The proposed additional text will not change the core purpose of the
subject rules or the functionality of MatchPoint or other NYSE trading
systems and facilities. Specifically, the Exchange is seeking to amend
NYSE Rules 13, 15, 79A, 100, 104, 116, 123B, 123C, 123D, 124 and 1000.
The Exchange launched MatchPoint in January 2008 following approval
of its rule filing by the Securities and Exchange Commission (the
``SEC'' or the ``Commission''). MatchPoint is an anonymous point-in-
time electronic trading facility of the NYSE that matches aggregated
orders at predetermined sessions throughout regular hours and after
hours of the Exchange. MatchPoint trades securities listed on all major
and regional U.S. stock exchanges.
MatchPoint is a ``stand alone'' facility of the Exchange in that
orders entered into MatchPoint do not interact with any other Exchange
facilities or other automated trading centers. Rather, it matches
aggregated buy and sell orders within the facility during predetermined
[[Page 46473]]
one-minute matching sessions during regular hours of the Exchange (at
9:45 a.m., 10 a.m., 11 a.m., 12 noon, 1 p.m., 2 p.m., and 3 p.m.) as
well as an after hours match (at 4:45 p.m.) at a Reference Price
determined pursuant to NYSE Rule 1500.
The MatchPoint system reports trade execution information to the
applicable Securities Information Processors (``SIPs'') for each
MatchPoint eligible security. Trades are reported as one print for each
security irrespective of the number of individual buyers and sellers
with the total volume of the transaction reported with the price.
Trades that occur in MatchPoint are distinguished from other Tape A
prints by a print modifier that is appended to the trades reported.
Trades that occur on MatchPoint have always been designated with a
print modifier of ``N.X.'' Since January 2009, this same print modifier
has also been used to designate trades that occur solely within the New
York Block Exchange facility (``NYBX'') (see Rule 1600). However, all
trades that occur in the DBK are identified with an ``N'' print
modifier, including NYBX orders that match with DBK liquidity.
NYBX is an anonymous electronic facility of the Exchange that is
not connected to MatchPoint. As more fully described in Rule 1600 and
related rule filings \4\ NYBX provides for the continuous matching and
execution of orders in the NYBX facility (all of which are non-
displayed) with the aggregate of all displayed and non-displayed orders
in the NYSE DBK (subject to routing to away markets in compliance with
Regulation NMS). Therefore, NYBX orders can execute with marketable
non-displayed contra side liquidity in the NYBX facility, with
marketable contra side liquidity (displayed and/or non-displayed) in
the DBK and with any available marketable contra side liquidity in the
Capital Commitment Schedule (``CCS'') of the Designated Market Makers
(``DMMs'') (see Rule 1000(d)).
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 59282 (January 22,
2009) 74 FR 5009 (January 28, 2009) (SR-NYSE-2008-119) (Rule 1600.
NewYork Block Exchange). See also SR-NYSE-2009-82, which was filed
with the Commission on August 12, 2009.
---------------------------------------------------------------------------
Executions that occur within the NYBX facility (i.e., that execute
solely with orders within NYBX) or on MatchPoint are treated
differently than executions that occur in the DBK (including executions
resulting from NYBX orders matching with DBK liquidity and CCS
interest) for certain order processing purposes. Specifically, Exchange
systems do not include either MatchPoint or NYBX-only executions when
calculating the triggers applicable to the following DBK executions
and/or requirements: (1) Pre-opening indications; (2) last sale trades;
(3) odd lot trades; (4) Designated Market Maker (``DMMs'') obligations
to re-enter the market; and (5) stop orders. These triggers are
referenced in the following NYSE Rules: 13, 15, 79A, 100, 104, 116,
123B, 123C, 123D, 124 and 1000.
Applicable NYSE rules were previously amended to clarify that NYBX-
only executions are not included in the above described
calculations.\5\ The Exchange is seeking to amend many of the same NYSE
Rules in this filing in order to provide appropriate consistency and
clarity to the related NYSE Rules. Therefore, with this rule filing,
the Exchange proposes to amend the following NYSE Rules: 13, 15, 79A,
100, 104, 116, 123B, 123C, 123D, 124 and 1000. The proposed amendments
will clarify that MatchPoint executions are also excluded from the
aforementioned calculations. Therefore, the Exchange seeks to amend the
following rules:
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\5\ See Securities Exchange Act Release No. 59282 (January 22,
2009) 74 FR 5009 (January 28, 2009) (SR-NYSE-2008-119).
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(1) Rule 13 (Definitions) ``Sell ``Plus''--Buy ``Minus'' Order''
and ``Stop Order''
The Exchange is proposing to amend these definitions to indicate
that a transaction that occurs in NYSE MatchPoint shall not be
considered in the operation of these orders.
(2) Rule 15. ``Pre-Opening Indications''
The Exchange is proposing to add to section (d) of the rule that an
execution that occurs in NYSE MatchPoint shall not be considered in the
operation of this rule.
(3) Rule 79A. ``Miscellaneous Requirements on Stock Market
Procedures''
The Exchange is proposing to add to subsection (C)(7) of .15 of the
Supplementary Material section of the Miscellaneous Requirements on
Stock Market Procedures section of the rule that the term ``last sale''
shall not include any transaction that occurs in NYSE MatchPoint.
Additionally, the Exchange is proposing to add to section .20(c) of the
Supplementary Material that a transaction that occurs in NYSE
MatchPoint shall not be considered the ``last sale,'' the ``current
sale,'' or the ``last previous sale.''
(4) Rule 100. ``Round-Lot Transactions of Odd-Lot Dealer or Broker
Affecting Odd-Lot Orders''
The Exchange is proposing to add to subsection (d) that the ``last
different round lot price'' shall not include prices of transactions
that occur in NYSE MatchPoint.
(5) Rule 104. ``Dealings and Responsibilities of DMMs''
The Exchange is proposing to add to the Supplementary Material
section of Rule 104, under section .10 that the terms ``price,'' ``high
price,'' ``low price'' and ``last differently-priced trade'' shall not
include the price of any transaction that occurs in NYSE MatchPoint.
(6) Rule 116. `` `Stop' Constitutes Guarantee''
The Exchange is proposing to add to the Supplementary Material
section of Rule 116, under subsection .40 (``Stopping'' stock on
market-at-the-close orders'') subparagraph (C) that for purposes of
this section .40, the ``price of the last sale'' shall not include any
transaction that occurs in NYSE MatchPoint.
(7) Rule 123B. ``Exchange Automated Order Routing System''
The Exchange is proposing to add to Rule 123B in subsection
(b)(3)(``Booth Support System'') that for purposes of this section (3),
the term ``last sale'' shall not include any transaction that occurs in
NYSE MatchPoint.
(8) Rule 123C. ``Market On The Close Policy And Expiration
Procedures''
The Exchange is proposing to add to Supplementary Material .10 that
for purposes of Rule 123C, the terms ``last sale'' and ``last sales''
shall not include any transaction that occurs in NYSE MatchPoint.
(9) Rule 123D. ``Openings and Halts in Trading''
The Exchange is proposing to add to Rule 123D in the Supplementary
Material Section .25 that for purposes of this rule, a transaction that
occurs in NYSE MatchPoint shall not affect the calculation of the
``last sale,'' ``prior close,'' ``previous close'' or any similar term.
(10) Rule 124. ``Odd-Lot Orders''
The Exchange is proposing to add to Rule 124.70 in the
Supplementary Material section that references to ``round-lot
transaction,'' ``round-lot Exchange transaction,'' ``opening
transaction,'' ``closing transaction,'' ``reopening price,'' ``re-
opening transaction,'' ``price'' and ``sale'' shall not include any
transaction that occurs in NYSE MatchPoint.
(11) Rule 1000. ``Automatic Execution of Limit Orders Against Order
Reflected in NYSE Published Quotation''
The Exchange is proposing to add to Rule 1000.11 in the
Supplementary Material section that with respect to ``sale,'' ``sale
price,'' ``last sale price,'' ``closing price'' and similar terms shall
[[Page 46474]]
not include any transaction that occurs in NYSE MatchPoint.
In each of the rule changes described above, the Exchange also
proposes to add a reference to Rule 1500 (``NYSE
MatchPointSM'').
Market data for NYSE-listed securities that trade on MatchPoint is
disseminated via the consolidated tape pursuant to the Consolidated
Tape Association Plan (``CTA Plan''). Trade reports of securities that
are governed by the Unlisted Trade Privileges Plan (``UTP Plan'') are
disseminated pursuant to the UTP Plan. Because MatchPoint and NYBX are
facilities of the Exchange, and not withstanding the exclusions
described above, all trades executed in either MatchPoint or NYBX
indicate the market of execution as the NYSE for CTA and UTP purposes.
2. Statutory Basis
The basis under the Securities Exchange Act of 1934 (the ``Act'')
for this proposed rule change is the requirement under Section 6(b)(5)
that an Exchange have rules that are designed to promote just and
equitable principles of trade, 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. The Exchange
believes the proposed rule changes support these principles in that
they will clarify that certain NYSE rules do not apply to executions
that occur on MatchPoint.
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
Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 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, it has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its 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 Exchange has satisfied this requirement.
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The Exchange has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change immediately
operative. The Exchange believes that waiving the operative delay, by
immediately clarifying how trades executed in NYSE MatchPoint will be
treated for purposes of the application of certain other Exchange
rules, will eliminate potential confusion by granting market
participants a better understanding of the effect that MatchPoint
trades have on the market. The Commission believes such waiver is
consistent with the protection of investors and the public interest.\8\
Accordingly, the Commission designates the proposed rule change
operative upon filing with the Commission.
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\8\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
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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-2009-85 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-2009-85. 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-2009-85 and should be submitted on or before September 30, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21645 Filed 9-8-09; 8:45 am]
BILLING CODE 8010-01-P