Self-Regulatory Organizations; NYSE Amex LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Permitting Affiliation with NYFIX Millennium L.L.C. and NYFIX Securities Corporation, 59318-59319 [E9-27500]
Download as PDF
59318
Federal Register / Vol. 74, No. 220 / Tuesday, November 17, 2009 / Notices
is considering granting accelerated
approval of the proposed rule change at
the end of a 21-day comment period.
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–NYSEAmex-2009–81 on the
subject line.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.73
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–27502 Filed 11–16–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60968; File No. SR–
NYSEAmex–2009–63]
Self-Regulatory Organizations; NYSE
Amex LLC; Order Approving a
Proposed Rule Change, as Modified by
Amendment No. 1 Thereto, Permitting
Affiliation with NYFIX Millennium L.L.C.
and NYFIX Securities Corporation
November 9, 2009.
I. Introduction
On September 22, 2009, NYSE Amex
• Send paper comments in triplicate
LLC (‘‘NYSE Amex’’ or ‘‘Exchange’’)
to Elizabeth M. Murphy, Secretary,
filed with the Securities and Exchange
Securities and Exchange Commission,
Commission (‘‘Commission’’ or ‘‘SEC’’)
100 F Street, NE., Washington, DC
a proposed rule change, pursuant to
20549–1090.
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
All submissions should refer to File
19b–4 thereunder,2 proposing that the
Number SR–NYSEAmex-2009–81. This
Exchange be affiliated with two
file number should be included on the
registered broker-dealer subsidiaries of
subject line if e-mail is used. To help the
NYFIX, Inc. (‘‘NYFIX’’), NYFIX
Commission process and review your
Millennium L.L.C. (‘‘NYFIX
comments more efficiently, please use
Millennium’’) and NYFIX Securities
only one method. The Commission will
Corporation (‘‘NYFIX Securities’’), for a
post all comments on the Commission’s
period not to exceed six months and
Internet Web site (https://www.sec.gov/
subject to certain limitations and
rules/sro.shtml). Copies of the
obligations. The proposed rule change
submission, all subsequent
was published for comment in the
amendments, all written statements
Federal Register on October 5, 2009.3
with respect to the proposed rule
On November 6, 2009, NYSE Amex filed
change that are filed with the
Amendment No. 1 to the proposed rule
Commission, and all written
change.4 The Commission received no
communications relating to the
comments on the proposal. This order
proposed rule change between the
approves the proposed rule change as
Commission and any person, other than modified by Amendment No. 1.
those that may be withheld from the
II. Overview
public in accordance with the
provisions of 5 U.S.C. 552, will be
On August 26, 2009, NYSE
available for inspection and copying in
Technologies entered into an Agreement
the Commission’s Public Reference
and Plan of Merger (‘‘Merger
Room, on official business days between Agreement’’) with NYFIX and CBR
the hours of 10 a.m. and 3 p.m. Copies
Acquisition Corp., a Delaware
of the filing also will be available for
corporation and a wholly owned
inspection and copying at the principal
office of the Exchange. All comments
73 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
received will be posted without change;
2 17 CFR 240.19b–4.
the Commission does not edit personal
3 Securities Exchange Act Release No. 60739
identifying information from
(September 29, 2009), 74 FR 51203 (‘‘Notice’’).
submissions. You should submit only
4 In Amendment No. 1, the Exchange clarified
information that you wish to make
that, with respect to the conditions on the
available publicly. All submissions
Exchange’s affiliation with NYFIX Millennium and
NYFIX Securities, references to NYFIX also refer to
should refer to File Number SR–
its subsidiaries, NYFIX Millennium and NYFIX
NYSEAmex-2009–81 and should be
Securities. This technical amendment does not
submitted on or before December 8,
require notice and comment, as it did not materially
2009.
affect the substance of the rule filing.
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Paper Comments
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20:50 Nov 16, 2009
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subsidiary of NYSE Technologies.
Under the terms of the Merger
Agreement, CBR Acquisition Corp. will
merge with and into NYFIX, with
NYFIX surviving the merger as a direct
wholly owned subsidiary of NYSE
Technologies (‘‘Merger’’). Following the
Merger, both the Exchange and NYFIX
will be indirect wholly owned
subsidiaries of NYSE Euronext.
Consequently, NYFIX, and its
subsidiaries NYFIX Millennium and
NYFIX Securities, will be affiliates of
the Exchange.
As a result of the Merger, NYSE
Technologies will acquire, among other
things, NYFIX’s Transaction Services
Division. In the U.S., the Transaction
Services Division is currently composed
of two U.S. registered broker-dealer
subsidiaries: NYFIX Millennium, which
is also an alternative trading system
registered under Regulation ATS under
the Act; 5 and, NYFIX Securities. In
addition to other services provided by
NYFIX Millennium and NYFIX
Securities, (1) NYFIX Millennium
provides routing of orders that are not
matched within the NYFIX Millennium
matching system to marketplaces such
as exchanges, electronic communication
networks, and ATSs, which are not
operated by NYFIX; and (2) NYFIX
Securities provides direct electronic
market access and algorithmic trading
products (together, ‘‘Routing Services’’).
The Exchange proposes to be
affiliated with NYFIX Millennium and
NYFIX Securities for a period not to
exceed six months and subject to certain
terms and conditions that the Exchange
believes effectively address concerns
regarding the (1) the potential for
conflicts of interest where an exchange
is affiliated with a broker-dealer
conducting an order routing business
that may interact with the Exchange
itself, and (2) the potential for
informational advantages that could
place such an affiliated broker-dealer at
a competitive advantage in comparison
with other non-affiliated broker-dealers.
III. Discussion and Commission
Findings
After careful consideration, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.6 In
particular, the Commission finds that
the proposed rule change is consistent
5 17
CFR 242.300–303.
approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
6 In
E:\FR\FM\17NON1.SGM
17NON1
Federal Register / Vol. 74, No. 220 / Tuesday, November 17, 2009 / Notices
with Section 6(b)(5) of the Act,7 which
requires, among other things, that the
rules of a national securities exchange
be designed to prevent fraudulent and
manipulative acts and practices; to
promote just and equitable principles of
trade; to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, and
processing information with respect to,
and facilitating transactions in
securities; 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.
In the past, the Commission has
expressed concern that the affiliation of
an exchange with one of its members
raises potential conflicts of interest and
the potential for unfair competitive
advantage.8 The proposed relationship
raises similar concerns in that the
Exchange will be affiliated with two
broker-dealers that provide Routing
Services for orders that may be routed
to the Exchange in competition with
Exchange members. The Exchange has
requested that the Commission approve
its proposed affiliation with NYFIX
Millennium and NYFIX Securities on a
temporary basis, not to exceed six
months, subject to certain conditions
designed to address such concerns.
Specifically, so long as the Exchange
is affiliated with NYFIX Millennium or
NYFIX Securities and with respect to
the Routing Services provided by each: 9
(1) Neither NYFIX Millennium nor
NYFIX Securities are members of the
Exchange nor will they become
members of the Exchange;
(2) NYFIX does not offer order routing
services other than the Routing Services,
and none of the Routing Services will be
modified unless such modification is
approved by the Commission;
(3) NYFIX will not engage in
proprietary trading;
7 15
U.S.C. 78f(b)(5≤.
e.g., Securities Exchange Act Release Nos.
54170 (July 18, 2006), 71 FR 42149 (July 25, 2006)
(SR–NASDAQ–2006–006) (order approving
Nasdaq’s proposal to adopt Nasdaq Rule 2140,
restricting affiliations between Nasdaq and its
members); 53382 (February 27, 2006), 71 FR 11251
(March 6, 2006) (SR–NYSE–2005–77) (order
approving combination of NYSE and Archipelago
Holdings, Inc.); 58673 (September 29, 2008), 73 FR
57707 (October 3, 2008) (SR–Amex–2008–62) (order
approving acquisition of the American Stock
Exchange by NYSE Euronext); 59135 (December 22,
2008), 73 FR 79954 (December 30, 2008) (SR–ISE–
2009–85) (order approving the purchase by ISE
Holdings of an ownership interest in DirectEdge
Holdings LLC); and 59281 (January 22, 2009), 74 FR
5014 (January 28, 2009) (SR–NYSE–2008–120)
(order approving a joint venture between NYSE and
BIDS Holdings L.P.).
9 For the conditions set forth below, references to
NYFIX also refer to its subsidiaries NYFIX
Millennium and NYFIX Securities. See Amendment
No. 1, supra note 4.
mstockstill on DSKH9S0YB1PROD with NOTICES
8 See,
VerDate Nov<24>2008
20:50 Nov 16, 2009
Jkt 220001
(4) NYFIX will not accept any new
clients for the Routing Services after the
Merger;
(5) There will continue to be
independent functionality of, and full
public access to, NYSE facilities; and
(6) There will be a complete
separation between NYFIX, on the one
hand, and the Exchange and its
affiliates, on the other (e.g., no shared
office space, no shared employees, no
shared systems).
The Exchange may furnish to NYFIX
the same information on the same terms
that the Exchange makes available in the
normal course of business to any other
person. Specifically:
(a) NYFIX must not be provided an
information advantage concerning the
operation of the Exchange or any of its
facilities, particularly regarding changes
and improvements to the trading
systems, that are not available to the
industry generally.
(b) NYFIX will be prevented from
having any advance knowledge of
proposed changes or modifications to
the operations of the Exchange or its
facilities, including but not limited to
advance knowledge of related filings by
the Exchange pursuant to Rule 19b–4 of
the of the Act.10
(c) NYFIX will not share employees or
databases with the Exchange, any
facility of the Exchange, or any other
affiliate of the Exchange or their
facilities, and will be housed in a
separate office.
(d) NYFIX will only be notified of any
changes or improvements to any of the
Exchange’s operations or trading
facilities in the same manner that other
persons are notified of such changes or
improvements;
(e) NYFIX will not disclose any
system or design specifications, or any
other information, to any employees of
the Exchange, any facility of the
Exchange, or any other affiliate of the
Exchange or their facilities that would
give NYFIX an unfair advantage over its
competitors.
(f) None of the Exchange, any facility
of the Exchange, or any other affiliate of
the Exchange or their facilities will
disclose any system or design
specifications, or any other information,
to any employees of NYFIX or any
affiliate of NYFIX that would give the
Exchange, any other facility of the
Exchange, any other affiliate of the
Exchange, or NYFIX an unfair advantage
over its competitors.
The Commission also notes that each
of NYFIX Millenium and NYFIX
Securities has the Financial Industry
Regulatory Authority (‘‘FINRA’’), an
10 15
PO 00000
U.S.C. 78a.
Frm 00207
Fmt 4703
Sfmt 4703
59319
unaffiliated self-regulatory organization
(‘‘SRO’’), as its designated examining
authority and neither broker-dealer is a
member of the Exchange.11
The Commission finds that the
temporary proposed affiliation between
the Exchange and NYFIX Millennium
and NYFIX Securities, pursuant to the
proposed terms and conditions, is
consistent with the Act, particularly
Section 6(b)(5) thereunder.12 The
Commission continues to be concerned
about potential unfair competition and
conflicts of interest when an exchange,
or one of its affiliates, is the parent
company of a broker-dealer that
provides Routing Services that may be
in competition with services provided
by members of that exchange. The
Commission believes, however, that the
temporary nature of the affiliation,
together with the proposed terms and
conditions, are reasonably designed to
mitigate concern about potential unfair
competition and conflicts of interest
between the commercial interests of the
Exchange or its affiliates, and the
Exchange’s regulatory responsibilities.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,13 that the
proposed rule change (SR–
NYSEAmex—2009–63), as amended, is
hereby approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–27500 Filed 11–16–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60970; File No. SR–
NYSEArca–2009–95]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change Relating to Listing and
Trading of Shares of ETFS Platinum
Trust
November 9, 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
20, 2009, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or ‘‘Exchange’’) filed with the
11 See
Notice.
U.S.C. 78(f)(b)(5).
13 15 U.S.C. 78s(b)(2).
14 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
12 15
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59318-59319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27500]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60968; File No. SR-NYSEAmex-2009-63]
Self-Regulatory Organizations; NYSE Amex LLC; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
Permitting Affiliation with NYFIX Millennium L.L.C. and NYFIX
Securities Corporation
November 9, 2009.
I. Introduction
On September 22, 2009, NYSE Amex LLC (``NYSE Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') a proposed rule change, pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ proposing that the Exchange be affiliated with two
registered broker-dealer subsidiaries of NYFIX, Inc. (``NYFIX''), NYFIX
Millennium L.L.C. (``NYFIX Millennium'') and NYFIX Securities
Corporation (``NYFIX Securities''), for a period not to exceed six
months and subject to certain limitations and obligations. The proposed
rule change was published for comment in the Federal Register on
October 5, 2009.\3\ On November 6, 2009, NYSE Amex filed Amendment No.
1 to the proposed rule change.\4\ The Commission received no comments
on the proposal. This order approves the proposed rule change as
modified by Amendment No. 1.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 60739 (September 29,
2009), 74 FR 51203 (``Notice'').
\4\ In Amendment No. 1, the Exchange clarified that, with
respect to the conditions on the Exchange's affiliation with NYFIX
Millennium and NYFIX Securities, references to NYFIX also refer to
its subsidiaries, NYFIX Millennium and NYFIX Securities. This
technical amendment does not require notice and comment, as it did
not materially affect the substance of the rule filing.
---------------------------------------------------------------------------
II. Overview
On August 26, 2009, NYSE Technologies entered into an Agreement and
Plan of Merger (``Merger Agreement'') with NYFIX and CBR Acquisition
Corp., a Delaware corporation and a wholly owned subsidiary of NYSE
Technologies. Under the terms of the Merger Agreement, CBR Acquisition
Corp. will merge with and into NYFIX, with NYFIX surviving the merger
as a direct wholly owned subsidiary of NYSE Technologies (``Merger'').
Following the Merger, both the Exchange and NYFIX will be indirect
wholly owned subsidiaries of NYSE Euronext. Consequently, NYFIX, and
its subsidiaries NYFIX Millennium and NYFIX Securities, will be
affiliates of the Exchange.
As a result of the Merger, NYSE Technologies will acquire, among
other things, NYFIX's Transaction Services Division. In the U.S., the
Transaction Services Division is currently composed of two U.S.
registered broker-dealer subsidiaries: NYFIX Millennium, which is also
an alternative trading system registered under Regulation ATS under the
Act; \5\ and, NYFIX Securities. In addition to other services provided
by NYFIX Millennium and NYFIX Securities, (1) NYFIX Millennium provides
routing of orders that are not matched within the NYFIX Millennium
matching system to marketplaces such as exchanges, electronic
communication networks, and ATSs, which are not operated by NYFIX; and
(2) NYFIX Securities provides direct electronic market access and
algorithmic trading products (together, ``Routing Services'').
---------------------------------------------------------------------------
\5\ 17 CFR 242.300-303.
---------------------------------------------------------------------------
The Exchange proposes to be affiliated with NYFIX Millennium and
NYFIX Securities for a period not to exceed six months and subject to
certain terms and conditions that the Exchange believes effectively
address concerns regarding the (1) the potential for conflicts of
interest where an exchange is affiliated with a broker-dealer
conducting an order routing business that may interact with the
Exchange itself, and (2) the potential for informational advantages
that could place such an affiliated broker-dealer at a competitive
advantage in comparison with other non-affiliated broker-dealers.
III. Discussion and Commission Findings
After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\6\ In particular, the Commission finds that the proposed rule
change is consistent
[[Page 59319]]
with Section 6(b)(5) of the Act,\7\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices; to promote just and
equitable principles of trade; to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, and processing
information with respect to, and facilitating transactions in
securities; 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\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b)(5>.
---------------------------------------------------------------------------
In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest and the potential for unfair competitive
advantage.\8\ The proposed relationship raises similar concerns in that
the Exchange will be affiliated with two broker-dealers that provide
Routing Services for orders that may be routed to the Exchange in
competition with Exchange members. The Exchange has requested that the
Commission approve its proposed affiliation with NYFIX Millennium and
NYFIX Securities on a temporary basis, not to exceed six months,
subject to certain conditions designed to address such concerns.
---------------------------------------------------------------------------
\8\ See, e.g., Securities Exchange Act Release Nos. 54170 (July
18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006) (order
approving Nasdaq's proposal to adopt Nasdaq Rule 2140, restricting
affiliations between Nasdaq and its members); 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving combination of NYSE and Archipelago Holdings, Inc.); 58673
(September 29, 2008), 73 FR 57707 (October 3, 2008) (SR-Amex-2008-
62) (order approving acquisition of the American Stock Exchange by
NYSE Euronext); 59135 (December 22, 2008), 73 FR 79954 (December 30,
2008) (SR-ISE-2009-85) (order approving the purchase by ISE Holdings
of an ownership interest in DirectEdge Holdings LLC); and 59281
(January 22, 2009), 74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120)
(order approving a joint venture between NYSE and BIDS Holdings
L.P.).
---------------------------------------------------------------------------
Specifically, so long as the Exchange is affiliated with NYFIX
Millennium or NYFIX Securities and with respect to the Routing Services
provided by each: \9\
---------------------------------------------------------------------------
\9\ For the conditions set forth below, references to NYFIX also
refer to its subsidiaries NYFIX Millennium and NYFIX Securities. See
Amendment No. 1, supra note 4.
---------------------------------------------------------------------------
(1) Neither NYFIX Millennium nor NYFIX Securities are members of
the Exchange nor will they become members of the Exchange;
(2) NYFIX does not offer order routing services other than the
Routing Services, and none of the Routing Services will be modified
unless such modification is approved by the Commission;
(3) NYFIX will not engage in proprietary trading;
(4) NYFIX will not accept any new clients for the Routing Services
after the Merger;
(5) There will continue to be independent functionality of, and
full public access to, NYSE facilities; and
(6) There will be a complete separation between NYFIX, on the one
hand, and the Exchange and its affiliates, on the other (e.g., no
shared office space, no shared employees, no shared systems).
The Exchange may furnish to NYFIX the same information on the same
terms that the Exchange makes available in the normal course of
business to any other person. Specifically:
(a) NYFIX must not be provided an information advantage concerning
the operation of the Exchange or any of its facilities, particularly
regarding changes and improvements to the trading systems, that are not
available to the industry generally.
(b) NYFIX will be prevented from having any advance knowledge of
proposed changes or modifications to the operations of the Exchange or
its facilities, including but not limited to advance knowledge of
related filings by the Exchange pursuant to Rule 19b-4 of the of the
Act.\10\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78a.
---------------------------------------------------------------------------
(c) NYFIX will not share employees or databases with the Exchange,
any facility of the Exchange, or any other affiliate of the Exchange or
their facilities, and will be housed in a separate office.
(d) NYFIX will only be notified of any changes or improvements to
any of the Exchange's operations or trading facilities in the same
manner that other persons are notified of such changes or improvements;
(e) NYFIX will not disclose any system or design specifications, or
any other information, to any employees of the Exchange, any facility
of the Exchange, or any other affiliate of the Exchange or their
facilities that would give NYFIX an unfair advantage over its
competitors.
(f) None of the Exchange, any facility of the Exchange, or any
other affiliate of the Exchange or their facilities will disclose any
system or design specifications, or any other information, to any
employees of NYFIX or any affiliate of NYFIX that would give the
Exchange, any other facility of the Exchange, any other affiliate of
the Exchange, or NYFIX an unfair advantage over its competitors.
The Commission also notes that each of NYFIX Millenium and NYFIX
Securities has the Financial Industry Regulatory Authority (``FINRA''),
an unaffiliated self-regulatory organization (``SRO''), as its
designated examining authority and neither broker-dealer is a member of
the Exchange.\11\
---------------------------------------------------------------------------
\11\ See Notice.
---------------------------------------------------------------------------
The Commission finds that the temporary proposed affiliation
between the Exchange and NYFIX Millennium and NYFIX Securities,
pursuant to the proposed terms and conditions, is consistent with the
Act, particularly Section 6(b)(5) thereunder.\12\ The Commission
continues to be concerned about potential unfair competition and
conflicts of interest when an exchange, or one of its affiliates, is
the parent company of a broker-dealer that provides Routing Services
that may be in competition with services provided by members of that
exchange. The Commission believes, however, that the temporary nature
of the affiliation, together with the proposed terms and conditions,
are reasonably designed to mitigate concern about potential unfair
competition and conflicts of interest between the commercial interests
of the Exchange or its affiliates, and the Exchange's regulatory
responsibilities.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-NYSEAmex--2009-63), as
amended, is hereby approved.
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27500 Filed 11-16-09; 8:45 am]
BILLING CODE 8011-01-P