Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Fee Schedule, 58668-58670 [E9-27253]
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58668
Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices
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2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,8
in general, and Section 6(b)(5) of the
Act,9 in particular, in that it is designed
to foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism for a free and open market
and a national market system and, in
general, to protect investors and the
public interest, by identifying the
options classes added to the Pilot in a
manner consistent with prior rule
changes.
otherwise further the purposes of the
Act.
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 not
necessary or appropriate in furtherance
of the purposes of the Act.
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–BX–2009–069. 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
srobinson on DSKHWCL6B1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(i) of the Exchange Act 10 and
Rule 19b–4(f)(1) thereunder,11 because
it constitutes a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing BOX rule. At
any time within 60 days of the filing of
the proposed rule change, the
Commission may summarily abrogate
the rule change if it appears to the
Commission that the action is necessary
or appropriate in the public interest, for
the protection of investors, or would
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 15 U.S.C. 78s(b)(3)(A)(i).
11 17 CFR 240.19b–4(f)(1).
9 15
VerDate Nov<24>2008
17:07 Nov 12, 2009
Jkt 220001
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–BX–2009–069 on the
subject line.
PO 00000
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Fmt 4703
Sfmt 4703
Company name
United States Steel Corp.
SPDR S&P Homebuilders ETF.
Industrial Select Sector SPDR Fund.
Utilities Select Sector SPDR Fund.
SPDR S&P Retail ETF.
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File No.
SR–BX–2009–069 and should be
submitted on or before December 4,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–27256 Filed 11–12–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60944; File No. SR–
NYSEArca–2009–99]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Fee
Schedule
November 5, 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
29, 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 the
section of its Schedule of Fees and
12 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 15 U.S.C. 78s(b)(3)(A).
5 17 CFR 240.19b–4(f)(2).
1 15
E:\FR\FM\13NON1.SGM
13NON1
Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices
Charges for Exchange Services (the
‘‘Schedule’’). While changes to the
Schedule pursuant to this proposal will
be effective upon filing, the changes will
become operative on November 2, 2009.
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.
srobinson on DSKHWCL6B1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
In an effort to enhance participation
on the Exchange and to offer increased
liquidity to its Users,6 the Exchange
proposes to add new transaction credits
stemming from the use of Tracking
Orders. The Exchange also proposes to
cap monthly payments stemming from
the use of Self Trade Prevention
modifiers. These changes will be
effective November 2, 2009. A more
detailed description of the proposal
follows.
Currently, there are no rates
specifically related to the use of
Tracking Orders.7 In order to incentivize
the use of this order type and attract
liquidity to NYSE Arca, the Exchange
proposes to introduce three volumebased tiers, offering credits to all ETP
Holdings who use Tracking Orders that
result in executions on the Exchange.
Tracking Order Tier 1 offers ETP
Holders a credit of $0.12 per 100 shares
where their Tracking Orders result in
executions on the Exchange with an
average daily share volume (‘‘ADV’’) per
month greater than or equal to 5 million
shares. In addition, the Exchange will
offer ETP Holders a credit of $0.15 per
100 shares for each Tracking Order that
6 See
NYSE Arca Equities Rule 1.1(yy).
NYSE Arca Equities Rule 7.31(f). Tracking
Orders are un-displayed limit orders eligible for
execution at the NBBO in the Tracking Order
Process.
7 See
VerDate Nov<24>2008
17:07 Nov 12, 2009
Jkt 220001
results in an execution in excess of 15
million shares.8
Tracking Order Tier 2 offers ETP
Holders a credit of $0.10 per 100 shares
where their Tracking Orders result in
executions on the Exchange with an
average daily share volume per month
between 2.5 million shares and
4,999,999 shares.
Tracking Order Tier 3 offers ETP
Holders a credit of $0.05 per 100 shares
where their Tracking Orders result in
executions on the Exchange with an
average daily share volume per month
between 1 million shares and 2,499,999
shares.
In addition, the Exchange is
proposing to cap the net payment of
credits and fees stemming from an ETP
Holder’s use of Self Trade Prevention
Modifiers9 at a net total of $25,000 per
month. This cap will apply uniformly to
all ETP Holders.
The proposed changes to the
Schedule are part of the Exchange’s
continued effort to attract and enhance
participation on the Exchange, by
offering attractive rates and rebates with
volume-based incentives. By
introducing these tiered credits, the
Exchange is enhancing the incentive to
participate on the Exchange through the
use of Tracking Orders, as well as
provide additional liquidity to the
marketplace. The Exchange believes the
proposed fees are reasonable and
equitable in that they apply uniformly
to all ETP Holders. The proposed
changes will become operative on
November 2, 2009.
Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 [sic] of the
Securities Exchange Act of 1934 (the
‘‘Act’’),10 in general, and Section 6(b)(4)
of the Act,11 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees, and
other charges among its members and
other persons using its facilities. The
proposed changes to the Schedule are
part of the Exchange’s continued effort
to attract and enhance participation on
the Exchange, by offering attractive rates
and rebates with volume-based
incentives. The Exchange believes that
the proposed changes to the Schedule
are equitable in that they apply
uniformly to all Users.
8 This incremental credit rebates ETP Holders
$.0012 for each share up to and including 15
million ADV, and $0.0015 for each share in excess
of 15 million ADV.
9 See NYSE Arca Equities Rule 7.31(qq).
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
58669
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) 12 of the Act and
subparagraph (f)(2) of Rule 19b–4 13
thereunder, because it establishes a due,
fee, or other charge imposed by NYSE
Arca on its members.
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–2009–99 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–2009–99. 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
12 15
13 17
E:\FR\FM\13NON1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
13NON1
58670
Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices
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–NYSEArca–2009–99 and
should be submitted on or before
December 4, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–27253 Filed 11–12–09; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–60953; File No. SR–
NYSEAmex–2009–75]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex LLC To Clarify Specialist
Obligations
srobinson on DSKHWCL6B1PROD with NOTICES
November 6, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
22, 2009, NYSE Amex LLC (‘‘NYSE
Amex’’ 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 Exchange.
14 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17:07 Nov 12, 2009
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Rule 927NY–Specialists by making
technical changes designed to offer
clarity to the rule. 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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
VerDate Nov<24>2008
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
Jkt 220001
The purpose of this filing by NYSE
Amex is to revise the language in Rule
927NY–Specialists, in order to clarify
certain provisions within the rule.
Specifically, the Exchange proposes to
amend Rule 927NY(c)(3) by adding a
reference Rule 925.1NY(b), in order to
clarify Specialist obligations, as they
pertain to continuous quoting. In its
current form, Rule 927NY states that
Specialists must provide continuous
quotations in all appointed series.
However, Rule 925.1NY(b) provides that
Specialists must provide continuous
quotations for 90% of the time the
Exchange is open. To ensure that
Specialist obligations contained in Rule
927NY are consistent with Rule
925.1NY, the Exchange proposes to add
language to Rule 927NY(c)(3) in order to
clarify that a Specialist needs to provide
quotations in accordance with Rule
925.1NY(b).
The Exchange also proposes to delete
Rule 927NY(c)(6). Under the structure of
the Exchange’s electronic trading
systems, the automated execution
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
system referenced in Rule 927NY(c)(6)
is part of the overall NYSE Amex
electronic trading system. Whenever a
Specialist provides electronic
quotations to NYSE Amex, the
Specialist automatically participates in
the automatic execution system. It is not
possible for a Specialist to submit
quotes to the Exchange without being
subject to the automatic execution
system, nor is it possible to participate
in the automatic execution system
without submitting electronic quotes.
Because participation in the autoexecution system is not optional, it is
not appropriate to designate
participation in it as an obligation. The
Exchange proposes to reserve Rule
927NY(c)(6) for future use.
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’’),3 in general, and furthers the
objectives of Section 6(b)(5) of the Act,4
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
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and Rule
19b–4(f)(6) thereunder.6 Because the
proposed rule change does not: (i)
3 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
5 15 U.S.C. 78s(b)(3)(A)(iii).
6 17 CFR 240.19b–4(f)(6).
4 15
E:\FR\FM\13NON1.SGM
13NON1
]]>Agencies
[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Notices]
[Pages 58668-58670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27253]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60944; File No. SR-NYSEArca-2009-99]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule
November 5, 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 29, 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 the section of its Schedule of Fees
and
[[Page 58669]]
Charges for Exchange Services (the ``Schedule''). While changes to the
Schedule pursuant to this proposal will be effective upon filing, the
changes will become operative on November 2, 2009. 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
In an effort to enhance participation on the Exchange and to offer
increased liquidity to its Users,\6\ the Exchange proposes to add new
transaction credits stemming from the use of Tracking Orders. The
Exchange also proposes to cap monthly payments stemming from the use of
Self Trade Prevention modifiers. These changes will be effective
November 2, 2009. A more detailed description of the proposal follows.
---------------------------------------------------------------------------
\6\ See NYSE Arca Equities Rule 1.1(yy).
---------------------------------------------------------------------------
Currently, there are no rates specifically related to the use of
Tracking Orders.\7\ In order to incentivize the use of this order type
and attract liquidity to NYSE Arca, the Exchange proposes to introduce
three volume-based tiers, offering credits to all ETP Holdings who use
Tracking Orders that result in executions on the Exchange.
---------------------------------------------------------------------------
\7\ See NYSE Arca Equities Rule 7.31(f). Tracking Orders are un-
displayed limit orders eligible for execution at the NBBO in the
Tracking Order Process.
---------------------------------------------------------------------------
Tracking Order Tier 1 offers ETP Holders a credit of $0.12 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume (``ADV'') per month greater than or
equal to 5 million shares. In addition, the Exchange will offer ETP
Holders a credit of $0.15 per 100 shares for each Tracking Order that
results in an execution in excess of 15 million shares.\8\
---------------------------------------------------------------------------
\8\ This incremental credit rebates ETP Holders $.0012 for each
share up to and including 15 million ADV, and $0.0015 for each share
in excess of 15 million ADV.
---------------------------------------------------------------------------
Tracking Order Tier 2 offers ETP Holders a credit of $0.10 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume per month between 2.5 million shares
and 4,999,999 shares.
Tracking Order Tier 3 offers ETP Holders a credit of $0.05 per 100
shares where their Tracking Orders result in executions on the Exchange
with an average daily share volume per month between 1 million shares
and 2,499,999 shares.
In addition, the Exchange is proposing to cap the net payment of
credits and fees stemming from an ETP Holder's use of Self Trade
Prevention Modifiers\9\ at a net total of $25,000 per month. This cap
will apply uniformly to all ETP Holders.
---------------------------------------------------------------------------
\9\ See NYSE Arca Equities Rule 7.31(qq).
---------------------------------------------------------------------------
The proposed changes to the Schedule are part of the Exchange's
continued effort to attract and enhance participation on the Exchange,
by offering attractive rates and rebates with volume-based incentives.
By introducing these tiered credits, the Exchange is enhancing the
incentive to participate on the Exchange through the use of Tracking
Orders, as well as provide additional liquidity to the marketplace. The
Exchange believes the proposed fees are reasonable and equitable in
that they apply uniformly to all ETP Holders. The proposed changes will
become operative on November 2, 2009.
Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 [sic] of the Securities Exchange Act
of 1934 (the ``Act''),\10\ in general, and Section 6(b)(4) of the
Act,\11\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The proposed
changes to the Schedule are part of the Exchange's continued effort to
attract and enhance participation on the Exchange, by offering
attractive rates and rebates with volume-based incentives. The Exchange
believes that the proposed changes to the Schedule are equitable in
that they apply uniformly to all Users.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by NYSE Arca on its members.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 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.
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-2009-99 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-2009-99. 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
[[Page 58670]]
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-NYSEArca-2009-99 and should be submitted
on or before December 4, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27253 Filed 11-12-09; 8:45 am]
BILLING CODE 8011-01-P
