Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Accelerated Approval of a Proposed Rule Change Regarding Listing and Trading of RP Short Duration ETF, 67944-67945 [E9-30243]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSE–2009–123. 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 NYSE. 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–2009–123 and
should be submitted on or before
January 11, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30242 Filed 12–18–09; 8:45 am]
erowe on DSK5CLS3C1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61163; File No. SR–
NYSEArca–2009–103]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Granting Accelerated
Approval of a Proposed Rule Change
Regarding Listing and Trading of RP
Short Duration ETF
December 14, 2009.
On November 6, 2009, NYSE Arca,
Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to list and trade shares
(‘‘Shares’’) of the RP Short Duration ETF
(‘‘Fund’’). The proposed rule change
was published for comment in the
Federal Register on November 24,
2009.3 The Commission received no
comments regarding the proposal. This
order approves the proposed rule
change on an accelerated basis.
I. Description of the Proposal
The Exchange proposes to list and
trade the Shares pursuant to NYSE Arca
Equities Rule 8.600, which governs the
listing of Managed Fund Shares. The
Fund will be an actively managed
exchange traded fund, which is a series
of Grail Advisors ETF Trust (‘‘Trust’’).4
The investment objective of the Fund is
current income with potential capital
appreciation consistent with the
preservation of capital. The Fund will
invest, under normal circumstances, at
least 80% of its net assets (plus the
amount of any borrowings for
investment purposes) in debt securities.
These securities include short- and
intermediate-term securities issued by
the U.S. Government, its agencies and
instrumentalities, or corporate bonds or
notes that the ETF’s sub-adviser believes
are consistent with the ETF’s
investment objective. Under normal
circumstances, the ETF invests at least
65% of its assets in investment grade
obligations, including securities issued
or guaranteed by the U.S. Government,
its agencies and instrumentalities. The
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 61021
(November 17, 2009), 74 FR 61383 (‘‘Notice’’).
4 The Trust is registered with the Commission as
an investment company. On October 7, 2009, the
Trust filed with the Commission a Registration
Statement on Form N–1A (File Nos. 333–148082
and 811–22154) (‘‘Registration Statement’’).
2 17
25 17
CFR 200.30–3(a)(12).
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14:14 Dec 18, 2009
Jkt 220001
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Frm 00095
Fmt 4703
Sfmt 4703
Fund will not invest in non-U.S. equity
securities.5
The Shares will be subject to the
initial and continued listing criteria
applicable to Managed Fund Shares
under NYSE Arca Equities Rule
8.600(d), and the Exchange represents
that the Fund will comply with Rule
10A–3 under the Act,6 as provided by
NYSE Arca Equities Rule 5.3.
Additional information regarding the
Fund, the Shares, the Fund’s investment
objectives, strategies, policies, and
restrictions, risks, fees and expenses,
creations and redemptions of Shares,
availability of information, trading rules
and halts, and surveillance procedures,
among other things, can be found in the
Registration Statement and in the
Notice.7
II. Discussion and Commission’s
Findings
The Commission has carefully
reviewed the proposed rule change and
finds that it is consistent with the
requirements of Section 6 of the Act 8
and the rules and regulations
thereunder applicable to a national
securities exchange.9 In particular, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,10 which requires, among other
things, that the Exchange’s rules be
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. The
Commission notes that the Shares must
comply with the requirements of NYSE
Arca Equities Rule 8.600 to be listed and
traded on the Exchange.
The Commission finds that the
proposal to list and trade the Shares on
the Exchange is consistent with Section
11A(a)(1)(C)(iii) of the Act,11 which sets
forth Congress’ finding that it is in the
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers and investors of information
with respect to quotations for and
5 Additional information regarding the Fund’s
investments can be found in the Notice and
Registration Statement. See supra notes 3 and 4.
6 17 CFR 240.10A–3.
7 See supra notes 3 and 4.
8 15 U.S.C. 78f.
9 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).
10 17 U.S.C. 78f(b)(5).
11 15 U.S.C. 78k–1(a)(1)(C)(iii).
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
transactions in securities. Quotation and
last-sale information for the Shares will
be available via the Consolidated Tape
Association (‘‘CTA’’) high-speed line,
and the Portfolio Indicative Value
(‘‘PIV’’) will be disseminated at least
every 15 seconds during the Core
Trading Session by one or more major
market data vendors. In addition, the
Trust will disclose on its Web site on
each business day the identities and
quantities of the portfolio of securities
and other assets (‘‘Disclosed Portfolio’’)
held by the Fund that will form the
basis for its calculation of the net asset
value (‘‘NAV’’), which will be
determined at the end of the business
day. The Fund’s Web site will also
include additional quantitative
information updated on a daily basis
relating to prices and NAV. Information
regarding the market price and volume
of the Shares will be continually
available on a real-time basis throughout
the day via electronic services, and the
previous day’s closing price and trading
volume information for the Shares will
be published daily in the financial
sections of newspapers.
The Commission further believes that
the proposal is reasonably designed to
promote fair disclosure of information
that may be necessary to price the
Shares appropriately and to prevent
trading when a reasonable degree of
transparency cannot be assured. The
Commission notes that the Exchange
will obtain a representation from the
Fund that the NAV per Share will be
calculated daily and that the NAV and
the Disclosed Portfolio will be made
available to all market participants at
the same time.12 Additionally, if it
becomes aware that the NAV or the
Disclosed Portfolio is not disseminated
daily to all market participants at the
same time, the Exchange will halt
trading in the Shares until such
information is available to all market
participants.13 Further, if the PIV is not
being disseminated as required, the
Exchange may halt trading during the
day in which the disruption occurs; if
the interruption persists past the day in
which it occurred, the Exchange will
halt trading no later than the beginning
of the trading day following the
interruption.14 The Exchange represents
12 See
NYSE Arca Equities Rule 8.600(d)(1)(B).
NYSE Arca Equities Rule 8.600(d)(2)(D).
14 Id. Trading in the Shares may also be halted
because of market conditions or for reasons that, in
the view of the Exchange, make trading in the
Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the
securities comprising the Disclosed Portfolio and/
or the financial instruments of the Fund; or (2)
whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly
market are present.
that the Fund’s investment manager has
implemented a ‘‘fire wall’’ between it
and its broker-dealer affiliate with
respect to access to information
concerning the composition and/or
changes to the Fund’s portfolio.15
Further, the Commission notes that the
Reporting Authority that provides the
Disclosed Portfolio must implement and
maintain, or be subject to, procedures
designed to prevent the use and
dissemination of material non-public
information regarding the actual
components of the portfolio.16
The Exchange has deemed the Shares
to be equity securities subject to the
Exchange’s rules governing the trading
of equity securities. In support of this
proposal, the Exchange has made
representations, including:
(1) The Shares will conform to the
initial and continued listing criteria
under NYSE Arca Equities Rule 8.600.
(2) The Exchange’s surveillance
procedures are adequate to properly
monitor Exchange trading of the Shares
in all trading sessions and to deter and
detect violations of Exchange rules and
applicable Federal securities laws.
(3) Prior to the commencement of
trading, the Exchange will inform its
ETP Holders in an Information Bulletin
of the special characteristics and risks
associated with trading the Shares.
Specifically, the Information Bulletin
will discuss the following: (a) The
procedures for purchases and
redemptions of Shares and that Shares
are not individually redeemable; (b)
NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its
ETP Holders to learn the essential facts
relating to every customer prior to
trading the Shares; (c) the risks involved
in trading the Shares during the
Opening and Late Trading Sessions
when an updated PIV will not be
calculated or publicly disseminated; (d)
how information regarding the PIV is
disseminated; (e) the requirement that
ETP Holders deliver a prospectus to
investors purchasing newly issued
Shares prior to or concurrently with the
confirmation of a transaction; and (f)
trading information.
(4) The Funds will be in compliance
with Rule 10A–3 under the Act.
(5) The Funds will not invest in nonU.S. equity securities.
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13 See
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14:14 Dec 18, 2009
Jkt 220001
15 The Exchange also represents that neither
RiverPark Advisors, LLC nor Cohanzick
Management, LLC, the Fund’s sub-advisers, have
broker-dealer affiliates, and that any additional
Fund sub-advisers that are affiliated with a brokerdealer will be required to implement a fire wall
with respect to such broker-dealer regarding access
to information concerning the composition and/or
changes to the portfolio.
16 See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
67945
This approval order is based on the
Exchange’s representations.
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to a national
securities exchange.
The Commission finds good cause,
pursuant to Section 19(b)(2) of the
Act,17 for approving the proposal prior
to the thirtieth day after the date of
publication of the Notice in the Federal
Register. The Commission notes that it
has approved the listing and trading on
the Exchange of shares of other actively
managed exchange-traded funds based
on a portfolio of securities,18 including
other series of the Grail Advisors ETF
Trust,19 and that the proposed rule
change does not raise any novel
regulatory issues. The Commission also
notes that it has received no comments
regarding the proposed rule change, and
believes that accelerating approval of
this proposal should benefit investors
by creating, without undue delay,
additional competition in the market for
Managed Fund Shares.
III. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,20 that the
proposed rule change (SR–NYSEArca–
2009–103) be, and it hereby is, approved
on an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30243 Filed 12–18–09; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection
Activities: Proposed Request and
Comment Request
The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
17 15
U.S.C. 78s(b)(2).
e.g., Securities Exchange Act Release No.
60981 (November 10, 2009), 74 FR 59594
(November 18, 2009) (SR–NYSEArca–2009–79)
(approving the listing of five fixed income funds of
the PIMCO ETF Trust).
19 See, e.g., Securities Exchange Act Release No.
60717 (September 24, 2009), 74 FR 50853 (October
1, 2009) (NYSEArca–2009–74) (approving the
listing and trading of shares of RP Growth ETF, RP
Focused Large Cap Growth ETF, RP Technology
ETF and the RP Financials ETF).
20 15 U.S.C. 78s(b)(2).
21 17 CFR 200.30–3(a)(12).
18 See,
E:\FR\FM\21DEN1.SGM
21DEN1
Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67944-67945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30243]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61163; File No. SR-NYSEArca-2009-103]
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of a Proposed Rule Change Regarding Listing and
Trading of RP Short Duration ETF
December 14, 2009.
On November 6, 2009, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the RP
Short Duration ETF (``Fund''). The proposed rule change was published
for comment in the Federal Register on November 24, 2009.\3\ The
Commission received no comments regarding the proposal. This order
approves the proposed rule change on an accelerated basis.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 61021 (November 17,
2009), 74 FR 61383 (``Notice'').
---------------------------------------------------------------------------
I. Description of the Proposal
The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.600, which governs the listing of Managed Fund
Shares. The Fund will be an actively managed exchange traded fund,
which is a series of Grail Advisors ETF Trust (``Trust'').\4\ The
investment objective of the Fund is current income with potential
capital appreciation consistent with the preservation of capital. The
Fund will invest, under normal circumstances, at least 80% of its net
assets (plus the amount of any borrowings for investment purposes) in
debt securities. These securities include short- and intermediate-term
securities issued by the U.S. Government, its agencies and
instrumentalities, or corporate bonds or notes that the ETF's sub-
adviser believes are consistent with the ETF's investment objective.
Under normal circumstances, the ETF invests at least 65% of its assets
in investment grade obligations, including securities issued or
guaranteed by the U.S. Government, its agencies and instrumentalities.
The Fund will not invest in non-U.S. equity securities.\5\
---------------------------------------------------------------------------
\4\ The Trust is registered with the Commission as an investment
company. On October 7, 2009, the Trust filed with the Commission a
Registration Statement on Form N-1A (File Nos. 333-148082 and 811-
22154) (``Registration Statement'').
\5\ Additional information regarding the Fund's investments can
be found in the Notice and Registration Statement. See supra notes 3
and 4.
---------------------------------------------------------------------------
The Shares will be subject to the initial and continued listing
criteria applicable to Managed Fund Shares under NYSE Arca Equities
Rule 8.600(d), and the Exchange represents that the Fund will comply
with Rule 10A-3 under the Act,\6\ as provided by NYSE Arca Equities
Rule 5.3.
---------------------------------------------------------------------------
\6\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------
Additional information regarding the Fund, the Shares, the Fund's
investment objectives, strategies, policies, and restrictions, risks,
fees and expenses, creations and redemptions of Shares, availability of
information, trading rules and halts, and surveillance procedures,
among other things, can be found in the Registration Statement and in
the Notice.\7\
---------------------------------------------------------------------------
\7\ See supra notes 3 and 4.
---------------------------------------------------------------------------
II. Discussion and Commission's Findings
The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \8\ and the rules and regulations thereunder applicable to a
national securities exchange.\9\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\10\
which requires, among other things, that the Exchange's rules be
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. The Commission notes that the Shares must comply with the
requirements of NYSE Arca Equities Rule 8.600 to be listed and traded
on the Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 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).
\10\ 17 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\11\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers and investors of information with respect to
quotations for and
[[Page 67945]]
transactions in securities. Quotation and last-sale information for the
Shares will be available via the Consolidated Tape Association
(``CTA'') high-speed line, and the Portfolio Indicative Value (``PIV'')
will be disseminated at least every 15 seconds during the Core Trading
Session by one or more major market data vendors. In addition, the
Trust will disclose on its Web site on each business day the identities
and quantities of the portfolio of securities and other assets
(``Disclosed Portfolio'') held by the Fund that will form the basis for
its calculation of the net asset value (``NAV''), which will be
determined at the end of the business day. The Fund's Web site will
also include additional quantitative information updated on a daily
basis relating to prices and NAV. Information regarding the market
price and volume of the Shares will be continually available on a real-
time basis throughout the day via electronic services, and the previous
day's closing price and trading volume information for the Shares will
be published daily in the financial sections of newspapers.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------
The Commission further believes that the proposal is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately and to prevent trading when
a reasonable degree of transparency cannot be assured. The Commission
notes that the Exchange will obtain a representation from the Fund that
the NAV per Share will be calculated daily and that the NAV and the
Disclosed Portfolio will be made available to all market participants
at the same time.\12\ Additionally, if it becomes aware that the NAV or
the Disclosed Portfolio is not disseminated daily to all market
participants at the same time, the Exchange will halt trading in the
Shares until such information is available to all market
participants.\13\ Further, if the PIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
disruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\14\ The Exchange
represents that the Fund's investment manager has implemented a ``fire
wall'' between it and its broker-dealer affiliate with respect to
access to information concerning the composition and/or changes to the
Fund's portfolio.\15\ Further, the Commission notes that the Reporting
Authority that provides the Disclosed Portfolio must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of the portfolio.\16\
---------------------------------------------------------------------------
\12\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
\13\ See NYSE Arca Equities Rule 8.600(d)(2)(D).
\14\ Id. Trading in the Shares may also be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities
comprising the Disclosed Portfolio and/or the financial instruments
of the Fund; or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.
\15\ The Exchange also represents that neither RiverPark
Advisors, LLC nor Cohanzick Management, LLC, the Fund's sub-
advisers, have broker-dealer affiliates, and that any additional
Fund sub-advisers that are affiliated with a broker-dealer will be
required to implement a fire wall with respect to such broker-dealer
regarding access to information concerning the composition and/or
changes to the portfolio.
\16\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
---------------------------------------------------------------------------
The Exchange has deemed the Shares to be equity securities subject
to the Exchange's rules governing the trading of equity securities. In
support of this proposal, the Exchange has made representations,
including:
(1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
(2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
(3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares and that Shares
are not individually redeemable; (b) NYSE Arca Equities Rule 9.2(a),
which imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated PIV will not be calculated or
publicly disseminated; (d) how information regarding the PIV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (f) trading information.
(4) The Funds will be in compliance with Rule 10A-3 under the Act.
(5) The Funds will not invest in non-U.S. equity securities.
This approval order is based on the Exchange's representations.
For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.
The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\17\ for approving the proposal prior to the thirtieth day
after the date of publication of the Notice in the Federal Register.
The Commission notes that it has approved the listing and trading on
the Exchange of shares of other actively managed exchange-traded funds
based on a portfolio of securities,\18\ including other series of the
Grail Advisors ETF Trust,\19\ and that the proposed rule change does
not raise any novel regulatory issues. The Commission also notes that
it has received no comments regarding the proposed rule change, and
believes that accelerating approval of this proposal should benefit
investors by creating, without undue delay, additional competition in
the market for Managed Fund Shares.
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(2).
\18\ See, e.g., Securities Exchange Act Release No. 60981
(November 10, 2009), 74 FR 59594 (November 18, 2009) (SR-NYSEArca-
2009-79) (approving the listing of five fixed income funds of the
PIMCO ETF Trust).
\19\ See, e.g., Securities Exchange Act Release No. 60717
(September 24, 2009), 74 FR 50853 (October 1, 2009) (NYSEArca-2009-
74) (approving the listing and trading of shares of RP Growth ETF,
RP Focused Large Cap Growth ETF, RP Technology ETF and the RP
Financials ETF).
---------------------------------------------------------------------------
III. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-NYSEArca-2009-103) be, and
it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------
\20\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------
\21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30243 Filed 12-18-09; 8:45 am]
BILLING CODE 8011-01-P