Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.82-Lead Market Makers To Eliminate Obsolete Language and Clarify Rule Provisions, 58067-58068 [E9-26968]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices other than those proposed in TSTF Traveler-493, Revision 4. However, significant deviations from the approach recommended in this notice or the inclusion of additional changes to the license require additional NRC staff review. This may increase the time and resources needed for the review or result in NRC staff rejection of the LAR. Licensees desiring significant deviations or additional changes should instead submit an LAR that does not claim to adopt TSTF Traveler-493, Revision 4. Dated at Rockville, Maryland, this 30th day of October 2009. For the Nuclear Regulatory Commission. Eric E. Bowman, Acting Chief, Special Projects Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E9–27061 Filed 11–9–09; 8:45 am] BILLING CODE 7590–01–P BILLING CODE 6325–45–P 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. SECURITIES AND EXCHANGE COMMISSION A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Kay T. Ely, Associate Director; Nancy H. Kichak, Associate Director; Mark Reger, Chief Financial Officer; Mark Reinhold, Deputy Associate Director for Human Capital Management Services— Executive Secretariat. [FR Doc. E9–27099 Filed 11–9–09; 8:45 am] [Release No. 34–60923; File No. SR– NYSEArca–2009–96] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.82— Lead Market Makers To Eliminate Obsolete Language and Clarify Rule Provisions November 3, 2009. OFFICE OF PERSONNEL MANAGEMENT Senior Executive Service— Performance Review Board AGENCY: Office of Personnel Management. ACTION: Notice. srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: Notice is hereby given of the appointment of members of the OPM Performance Review Board. FOR FURTHER INFORMATION CONTACT: Tammy Van Keuren, Center for Human Capital Management Services, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, (202) 606– 1402. SUPPLEMENTARY INFORMATION: The Office of Personnel Management Section 4314(c) (1) through (5) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES performance review boards. The board reviews and evaluates the initial appraisal of a senior executive’s performance by the supervisor, and considers recommendations to the appointing authority regarding the performance of the senior executive. Office of Personnel Management. John Berry, Director. Effective October 30, 2009; the following have been designated as members of the Performance Review Board of the U.S. Office of Personnel Management: Elizabeth A. Montoya, Chief of Staff and Director of External Affairs; Elaine Kaplan, General Counsel; VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 58067 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 October 20, 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 prepared by the self-regulatory organization. NYSE Arca filed the proposal pursuant to Section 19(b)(3)(A) 4 of the Act and Rule 19b– 4(f)(2) 5 thereunder. 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 amend Rule 6.82—Lead Market Makers to eliminate obsolete language and clarify rule provisions. 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 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(3)(A). 5 17 CFR 240.19b–4(f)(2). 2 15 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 1. Purpose The purpose of this filing by NYSE Arca is to revise outdated and obsolete language in Rule 6.82—Lead Market Makers (‘‘LMM’’). Specifically, the Exchange proposes to amend Rule 6.82(c)(3) by adding a reference to Rule 6.37B—Market Maker Quotations, in order to clarify an LMMs obligation as it pertains to continuous quoting. In its current form, Rule 6.82 states that an LMM must provide continuous quotations in all appointed series. However, Rule 6.37B provides that LMMs must provide continuous quotations for 90% of the time the Exchange is open. To ensure that LMM obligations contained in Rule 6.82 are in accordance with Rule 6.37B, the Exchange proposes [sic] add language to Rule 6.82(c)(3) in order to clarify that LMMs need to provide quotations in accordance with Rule 6.37B. In addition, NYSE Arca no longer supports an Exchange auto-quoting system; all LMMs utilize proprietary quoting systems that supply electronic quotes directly to the NYSE Arca’s trading system. Therefore the Exchange proposes deleting obsolete language in Rule 6.82(c)(3) referencing the Exchange’s auto-quoting system. The Exchange also proposes to delete Rule 6.82(c)(7). Under the structure of the Exchange’s electronic trading systems, the automated execution system referenced in 6.82(c)(7) is part of the overall NYSE Arca trading system. Whenever an LMM provides electronic quotations to NYSE Arca, the LMM automatically participates in the automatic execution system. It is not possible for an LMM to submit quotes to the Exchange without being subject to the automatic execution system, nor is it possible for an LMM to participate in the automatic execution system without submitting electronic quotes. Because participation in the auto-execution system is not optional, it is not appropriate to designate participation in it as an obligation. The Exchange proposes to reserve Rule 6.82(c)(7) for future use. E:\FR\FM\10NON1.SGM 10NON1 58068 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices By clarifying its rules and abolishing out-dated language, the Exchange is not changing or altering any obligation, rights, policies or practices enumerated within its rules. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the ‘‘Act’’),6 in general, and furthers the objectives of Section 6(b)(5) of the Act,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 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. 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 srobinson on DSKHWCL6B1PROD with NOTICES The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 8 and Rule 19b–4(f)(6) thereunder.9 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 10 and Rule 19b–4(f)(6)(iii) thereunder.11 6 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 8 15 U.S.C. 78s(b)(3)(A)(iii). 9 17 CFR 240.19b–4(f)(6). 10 15 U.S.C. 78s(b)(3)(A). 11 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, 7 15 VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 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. 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–2009–96 and should be submitted on or before December 1, 2009. IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–26968 Filed 11–9–09; 8:45 am] 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–2009–96 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–NYSEArca–2009–96. 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 the Exchange. All comments received will be posted 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 the pre-filing requirement [sic]. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 BILLING CODE 8011–01–P SMITHSONIAN INSTITUTION NATIONAL CAPITAL PLANNING COMMISSION Intent To Prepare a Tier II Environmental Impact Statement for Proposed Construction of the Smithsonian National Museum of African American History and Culture AGENCY: Smithsonian Institution (SI), National Capital Planning Commission (NCPC). ACTION: Notice. SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality (40 CFR parts 1500–1509), and in accordance with the Environmental Policies and Procedures implemented by the National Capital Planning Commission, the SI and NCPC announce their intent, as Joint-Lead Agencies, with NCPC as the Responsible Federal Agency, to prepare a Tier II environmental impact statement (EIS) to assess the potential effects of constructing and operating the National Museum of African American History and Culture (NMAAHC) within the Smithsonian Institution. The Museum will be located on a 217,800 square foot (SF) or 5 acre site bounded by Constitution Avenue, Madison Drive, 14th and 15th Streets, NW., on the National Mall in Washington, DC. A public meeting will be conducted to ensure that all significant issues related to construction and operation of the proposed museum are identified for study in the EIS. SI and NCPC are conducting this NEPA process concurrent with the National Historic Preservation Act (NHPA), section 106 process. 12 17 E:\FR\FM\10NON1.SGM CFR 200.30–3(a)(12). 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 58067-58068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26968]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60923; File No. SR-NYSEArca-2009-96]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Rule 
6.82--Lead Market Makers To Eliminate Obsolete Language and Clarify 
Rule Provisions

November 3, 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 October 20, 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 prepared by the self-regulatory 
organization. NYSE Arca filed the proposal pursuant to Section 
19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. 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\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.82--Lead Market Makers to 
eliminate obsolete language and clarify rule provisions. 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing by NYSE Arca is to revise outdated and 
obsolete language in Rule 6.82--Lead Market Makers (``LMM'').
    Specifically, the Exchange proposes to amend Rule 6.82(c)(3) by 
adding a reference to Rule 6.37B--Market Maker Quotations, in order to 
clarify an LMMs obligation as it pertains to continuous quoting. In its 
current form, Rule 6.82 states that an LMM must provide continuous 
quotations in all appointed series. However, Rule 6.37B provides that 
LMMs must provide continuous quotations for 90% of the time the 
Exchange is open. To ensure that LMM obligations contained in Rule 6.82 
are in accordance with Rule 6.37B, the Exchange proposes [sic] add 
language to Rule 6.82(c)(3) in order to clarify that LMMs need to 
provide quotations in accordance with Rule 6.37B. In addition, NYSE 
Arca no longer supports an Exchange auto-quoting system; all LMMs 
utilize proprietary quoting systems that supply electronic quotes 
directly to the NYSE Arca's trading system. Therefore the Exchange 
proposes deleting obsolete language in Rule 6.82(c)(3) referencing the 
Exchange's auto-quoting system.
    The Exchange also proposes to delete Rule 6.82(c)(7). Under the 
structure of the Exchange's electronic trading systems, the automated 
execution system referenced in 6.82(c)(7) is part of the overall NYSE 
Arca trading system. Whenever an LMM provides electronic quotations to 
NYSE Arca, the LMM automatically participates in the automatic 
execution system. It is not possible for an LMM to submit quotes to the 
Exchange without being subject to the automatic execution system, nor 
is it possible for an LMM to participate in the automatic execution 
system without submitting electronic quotes. Because participation in 
the auto-execution system is not optional, it is not appropriate to 
designate participation in it as an obligation. The Exchange proposes 
to reserve Rule 6.82(c)(7) for future use.

[[Page 58068]]

    By clarifying its rules and abolishing out-dated language, the 
Exchange is not changing or altering any obligation, rights, policies 
or practices enumerated within its rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\6\ in 
general, and furthers the objectives of Section 6(b)(5) of the Act,\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 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.
---------------------------------------------------------------------------

    \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 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 \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
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 \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 
Exchange has satisfied the pre-filing requirement [sic].
---------------------------------------------------------------------------

    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-2009-96 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-NYSEArca-2009-96. 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 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-2009-96 and should 
be submitted on or before December 1, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26968 Filed 11-9-09; 8:45 am]
BILLING CODE 8011-01-P
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