Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Amending Its Schedule of Fees and Charges for Exchange Services, 14644-14646 [2010-6676]
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ACTION:
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Notice.
SUMMARY: This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Arizona (FEMA–1888–DR),
dated 03/18/2010.
Incident: Severe Winter Storms and
Flooding.
Incident Period: 01/18/2010 through
01/22/2010.
Effective Date: 03/18/2010.
Physical Loan Application Deadline
Date: 05/17/2010.
Economic Injury (EIDL) Loan
Application Deadline Date: 12/20/2010.
DATES:
Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
ADDRESSES:
A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Notice is
hereby given that as a result of the
President’s major disaster declaration on
03/18/2010, Private Non-Profit
organizations that provide essential
services of governmental nature may file
disaster loan applications at the address
listed above or other locally announced
locations.
The following areas have been
determined to be adversely affected by
the disaster:
SUPPLEMENTARY INFORMATION:
Primary Counties:
Apache, Coconino, Gila, Greenlee, La
Paz, Mohave, Navajo, Yavapai, and
the Gila River Indian Community,
Hopi Tribe, Navajo Nation, San
Carlos Apache, Tohono O’odham
Nation, and White Mountain
Apache Tribe.
The Interest Rates are:
emcdonald on DSK2BSOYB1PROD with NOTICES
Percent
For Physical Damage:
Non-Profit Organizations with
Credit Available Elsewhere: ..
Non-Profit Organizations without Credit Available Elsewhere: ....................................
For Economic Injury:
Non-Profit Organizations without Credit Available Elsewhere: ....................................
3.625
3.000
3.000
The number assigned to this disaster
for physical damage is 12082B and for
economic injury is 12083B.
VerDate Nov<24>2008
15:23 Mar 25, 2010
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SMALL BUSINESS ADMINISTRATION
Lisa Lopez-Suarez,
Acting Associate Administrator for Disaster
Assistance.
Surrender of License of Small
Business Investment Company
[FR Doc. 2010–6815 Filed 3–25–10; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[License No. 01/01–0410]
Gemini Investors IV, L.P., Notice
Seeking Exemption Under Section 312
of the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that Gemini
Investors IV, L.P., 20 William Street,
Wellesley, MA 02481, a Federal
Licensee under the Small Business
Investment Act of 1958, as amended
(‘‘the Act’’), in connection with the
financing of a small concern, has sought
an exemption under section 312 of the
Act and section 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) Rules and Regulations (13 CFR
107.730). Gemini Investors IV, L.P.
proposes to provide equity and debt
financing to finance the acquisition of
Wingstop Holdings, Inc., 1101 East
Arapaho Road, Suite 150, Richardson,
TX 75081.
The financing is brought within the
purview of § 107.730 of the Regulations
because Gemini Investors III, L.P., an
Associate of Gemini Investors IV, L.P.,
owns more than ten percent of Wingstop
Holdings, Inc. Also, the proposed
investment by Gemini Investors IV, L.P.
will be part of a larger pool of funds to
cash out existing shareholders, one of
which is its Associate Gemini Investors
III, L.P. Lastly, Associates of Gemini
Investors IV, LP. currently serve on the
board of directors of Wingstop Holdings,
Inc.
Therefore, this transaction is
considered a financing of an Associate
and a self-deal pursuant to 13 CFR
107.730 and requires an exemption.
Notice is hereby given that any
interested person may submit written
comments on the transaction within
fifteen days of the date of this
publication to Associate Administrator
for Investment, U.S. Small Business
Administration, 409 Third Street, SW.,
Washington, DC 20416.
Dated: March 1, 2010.
Sean J. Greene,
Associate Administrator for Investment.
Pursuant to the authority granted to
the United States Small Business
Administration under the Small
Business Investment Act of 1958, under
section 309 of the Act and section
107.1900 of the Small Business
Administration Rules and Regulations
(13 CFR 107.1900) to function as a small
business investment company under the
Small Business Investment Company
License No. 09/09–5375 issued to
Bentley Capital and said license is
hereby declared null and void.
U.S. Small Business Administration.
Dated: February 12, 2010.
Sean J. Greene,
AA/Investment.
[FR Doc. 2010–6431 Filed 3–25–10; 8:45 am]
BILLING CODE M
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61748; File No. SR–
NYSEArca–2010–15]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change Amending Its Schedule of
Fees and Charges for Exchange
Services
March 19, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on March 5,
2010, 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. 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
applicable sections of its Schedules of
Fees and Charges for Exchange Services
for both its equities and options
platforms (the ‘‘Schedules’’) to reflect
fees charged for co-locations services, as
described more fully herein. A copy of
this filing is available on the Exchange’s
Web site at https://www.nyse.com, on the
[FR Doc. 2010–6395 Filed 3–25–10; 8:45 am]
1 15
BILLING CODE 8025–01–M
2 17
PO 00000
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Fmt 4703
Sfmt 4703
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\26MRN1.SGM
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14645
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices
Commission’s Web site at https://
www.sec.gov, 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
The Exchange proposes to amend its
Schedules in order to identify fees
pertaining to co-location services. A
more detailed description of the
proposed changes follows.
Co-Location Services
Currently, the Exchange offers its
Users 3 the opportunity to rent space on
premises controlled by the Exchange in
order that they may locate their
electronic servers in close physical
proximity to the Exchange’s trading and
execution systems. The Exchange
hereby proposes to amend its Schedules
to set forth its current co-location fees.
Current Space and Services
The Exchange currently offers colocation services at a data center
operated by a private third party vendor
located in New Jersey. The Exchange
offers space at the data center ranging
from half cabinets up to two full
cabinets, with different power usage
capabilities ranging from 2 kilowatts up
to 8 kilowatts. The services provided
include equipment installation, cross
connections, and miscellaneous postinstallation services (including cable
installation, equipment racking and
‘‘remote-hands’’ maintenance). The fees
assessed for the services and space
generally reflect the amount of space
used and power required.
Users that receive co-location services
from the Exchange do not receive any
means of access to the Exchange’s
trading and execution systems that is
separate or superior than Users that do
not receive co-location services. All
Half cabinet (up to 2 kW) ................................................................................................................
Full cabinet (up to 2.5 kW) ..............................................................................................................
Full cabinet (up to 4 kW) .................................................................................................................
Full cabinet (up to 8 kW) .................................................................................................................
Miscellaneous services post installation (including cable installation services, equipment racking
services, and ongoing remote-hands maintenance).
Fiber cross connections (local and interfloor) .................................................................................
Less than half cabinet 4 ...................................................................................................................
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2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the
Securities Exchange Act of 1934 (the
‘‘Act’’),5 in general, and Sections 6(b)(4)
and 6(b)(5), of the Act,6 in particular, in
that it is designed to (i) provide for the
equitable allocation of reasonable dues,
fees, and other charges among its
members and other persons using its
facilities, and (ii) prevent fraudulent
3 See NYSE Arca Equities Rule 1.1(yy). The term
‘‘User’’ shall mean any ETP Holder or Sponsored
Participant who is authorized to obtain access to the
NYSE Arca Marketplace pursuant to Rule 7.29. See
also, NYSE Arca Rule 6.1A(a)(19). The term ‘‘User’’
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15:23 Mar 25, 2010
Jkt 220001
orders sent to the Exchange enter the
Exchange’s trading and execution
systems through same order gateway
regardless of whether the sender is colocated in the Exchange’s data center or
not. In addition, co-located Users do not
receive any market data or data service
product that is not available to all Users.
However, Users that receive colocation services normally would expect
reduced latencies in sending orders to
the Exchange and receiving market data
from the Exchange. Other than the
reduced latencies, the Exchange
believes that there are no material
differences in terms of access to the
Exchange between Users that choose to
co-locate and those that do not.
The Exchange offers co-location space
based on availability and the Exchange
believes that it has sufficient space to
accommodate current demand on an
equitable basis. In addition, the
Exchange believes that any difference
among the positions of the cabinets
within the data center does not create
any material difference to co-location
Users in terms of access to the
Exchange.
Co-Location Fees
The following chart identifies the
proposed co-location fees, which, in
part, reflect power usage priced at $1000
per kilowatt (‘‘kW’’) per month.
$2000 per month.
$2500 one time installation
$2500 per month.
$5000 one time installation
$4000 per month.
$5000 one time installation
$8000 per month.
$5000 one time installation
$200 per hour.
fee.
fee.
fee.
fee.
$600 per month.
$950 one time installation fee.
$150 per Rack Unit.
and manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities,
and to remove impediments to and
perfect the mechanisms of a free and
open market and a national market
system. The Exchange believes that the
proposed changes to its Schedules are
equitable in that they apply fees for
comparable co-location services
uniformly to our Users. Moreover, the
Exchange believes that, as described
herein, access to its market is offered on
fair and non-discriminatory terms.
shall mean any OTP Holder, OTP Firm or
Sponsored Participant that is authorized to obtain
access to the NYSE Arca Options Marketplace
pursuant to Rule 6.2A.
4 The Exchange supports existing arrangements to
provide Users with less than a half cabinet, but it
does not offer that option to new co-location Users.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(4) and 15 U.S.C. 78f(b)(5).
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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.
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14646
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve the proposed
rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
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 Web site viewing and
printing 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–2010–15 and should be
submitted on or before April 16, 2010.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–6676 Filed 3–25–10; 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:
BILLING CODE 8011–01–P
Electronic Comments
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change To List and Trade Options on
the ETFS Palladium Trust and the
ETFS Platinum Trust
• 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–2010–15 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61742; File No. SR–ISE–
2010–19]
March 19, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate
notice is hereby given that on March 5,
to Elizabeth M. Murphy, Secretary,
2010, the International Securities
Securities and Exchange Commission,
Exchange, LLC (the ‘‘Exchange’’ or the
100 F Street, NE., Washington, DC
‘‘ISE’’) filed with the Securities and
20549–1090.
Exchange Commission (‘‘Commission’’)
All submissions should refer to File
the proposed rule change as described
Number SR–NYSEArca–2010–15. This
in Items I, II, and III below, which items
file number should be included on the
have been prepared by the Exchange.
subject line if e-mail is used. To help the
The Commission is publishing this
Commission process and review your
notice to solicit comments on the
comments more efficiently, please use
proposed rule change from interested
only one method. The Commission will
persons.
post all comments on the Commission’s
I. Self-Regulatory Organization’s
Internet Web site (https://www.sec.gov/
Statement of the Terms of Substance of
rules/sro.shtml). Copies of the
the Proposed Rule Change
submission, all subsequent
amendments, all written statements
The Exchange proposes to amend its
with respect to the proposed rule
rules to enable the listing and trading on
change that are filed with the
Commission, and all written
7 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
communications relating to the
2 17 CFR 240.19b–4.
proposed rule change between the
emcdonald on DSK2BSOYB1PROD with NOTICES
Paper Comments
VerDate Nov<24>2008
15:23 Mar 25, 2010
Jkt 220001
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Frm 00092
Fmt 4703
Sfmt 4703
the Exchange of options on the ETFS
Palladium Trust and the ETFS Platinum
Trust. The text of the proposed rule
change is available on the Exchange’s
Web site https://www.ise.com, at the
principal office of the Exchange, 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
Exchange 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 these
statements may be examined at the
places specified in Item IV below. The
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Recently, the U.S. Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) authorized ISE to list
and trade options on the SPDR Gold
Trust,3 the iShares COMEX Gold Trust
and the iShares Silver Trust,4 the ETFS
Gold Trust and the ETFS Silver Trust.5
Now, the Exchange proposes to list and
trade options on the ETFS Palladium
Trust and the ETFS Platinum Trust.
Under current Rule 502(h), only
Exchange-Traded Fund Shares, or ETFs,
that are traded on a national securities
exchange and are defined as an ‘‘NMS’’
stock under Rule 600 of Regulation
NMS, and that (i) represent interests in
registered investment companies (or
series thereof) organized as open-end
management investment companies,
unit investment trusts or similar entities
that hold portfolios of securities and/or
financial instruments, including, but not
limited to, stock index futures contracts,
options on futures, options on securities
and indices, equity caps, collars and
floors, swap agreements, forward
contracts, repurchase agreements and
reverse repurchase agreements (the
‘‘Financial Instruments’’), and money
3 See Securities Exchange Act Release No. 57894
(May 30, 2008), 73 FR 32061 (June 5, 2008) (SR–
ISE–2008–12).
4 See Securities Exchange Act Release No. 59055
(December 4, 2008), 73 FR 75148 (December 10,
2008) (SR–ISE–2008–58).
5 See Securities Exchange Act Release No. 61483
(February 3, 2010), 75 FR 6753 (February 10, 2010)
(SR–ISE–2009–106).
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14644-14646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6676]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61748; File No. SR-NYSEArca-2010-15]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending Its Schedule of Fees and Charges for
Exchange Services
March 19, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on March 5, 2010, 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. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the applicable sections of its
Schedules of Fees and Charges for Exchange Services for both its
equities and options platforms (the ``Schedules'') to reflect fees
charged for co-locations services, as described more fully herein. A
copy of this filing is available on the Exchange's Web site at https://www.nyse.com, on the
[[Page 14645]]
Commission's Web site at https://www.sec.gov, 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
The Exchange proposes to amend its Schedules in order to identify
fees pertaining to co-location services. A more detailed description of
the proposed changes follows.
Co-Location Services
Currently, the Exchange offers its Users \3\ the opportunity to
rent space on premises controlled by the Exchange in order that they
may locate their electronic servers in close physical proximity to the
Exchange's trading and execution systems. The Exchange hereby proposes
to amend its Schedules to set forth its current co-location fees.
---------------------------------------------------------------------------
\3\ See NYSE Arca Equities Rule 1.1(yy). The term ``User'' shall
mean any ETP Holder or Sponsored Participant who is authorized to
obtain access to the NYSE Arca Marketplace pursuant to Rule 7.29.
See also, NYSE Arca Rule 6.1A(a)(19). The term ``User'' shall mean
any OTP Holder, OTP Firm or Sponsored Participant that is authorized
to obtain access to the NYSE Arca Options Marketplace pursuant to
Rule 6.2A.
---------------------------------------------------------------------------
Current Space and Services
The Exchange currently offers co-location services at a data center
operated by a private third party vendor located in New Jersey. The
Exchange offers space at the data center ranging from half cabinets up
to two full cabinets, with different power usage capabilities ranging
from 2 kilowatts up to 8 kilowatts. The services provided include
equipment installation, cross connections, and miscellaneous post-
installation services (including cable installation, equipment racking
and ``remote-hands'' maintenance). The fees assessed for the services
and space generally reflect the amount of space used and power
required.
Users that receive co-location services from the Exchange do not
receive any means of access to the Exchange's trading and execution
systems that is separate or superior than Users that do not receive co-
location services. All orders sent to the Exchange enter the Exchange's
trading and execution systems through same order gateway regardless of
whether the sender is co-located in the Exchange's data center or not.
In addition, co-located Users do not receive any market data or data
service product that is not available to all Users.
However, Users that receive co-location services normally would
expect reduced latencies in sending orders to the Exchange and
receiving market data from the Exchange. Other than the reduced
latencies, the Exchange believes that there are no material differences
in terms of access to the Exchange between Users that choose to co-
locate and those that do not.
The Exchange offers co-location space based on availability and the
Exchange believes that it has sufficient space to accommodate current
demand on an equitable basis. In addition, the Exchange believes that
any difference among the positions of the cabinets within the data
center does not create any material difference to co-location Users in
terms of access to the Exchange.
Co-Location Fees
The following chart identifies the proposed co-location fees,
which, in part, reflect power usage priced at $1000 per kilowatt
(``kW'') per month.
------------------------------------------------------------------------
------------------------------------------------------------------------
Half cabinet (up to 2 kW).................... $2000 per month.
$2500 one time
installation fee.
Full cabinet (up to 2.5 kW).................. $2500 per month.
$5000 one time
installation fee.
Full cabinet (up to 4 kW).................... $4000 per month.
$5000 one time
installation fee.
Full cabinet (up to 8 kW).................... $8000 per month.
$5000 one time
installation fee.
Miscellaneous services post installation $200 per hour.
(including cable installation services,
equipment racking services, and ongoing
remote-hands maintenance).
Fiber cross connections (local and $600 per month.
interfloor). $950 one time
installation fee.
Less than half cabinet \4\................... $150 per Rack Unit.
------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\5\ in general, and Sections 6(b)(4) and 6(b)(5), of the
Act,\6\ in particular, in that it is designed to (i) provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities, and (ii) prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed changes to its Schedules are equitable in that they apply fees
for comparable co-location services uniformly to our Users. Moreover,
the Exchange believes that, as described herein, access to its market
is offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------
\4\ The Exchange supports existing arrangements to provide Users
with less than a half cabinet, but it does not offer that option to
new co-location Users.
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4) and 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.
[[Page 14646]]
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
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve the proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
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-2010-15 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-2010-15. 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 Web site
viewing and printing 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-2010-15 and should be submitted on or before April 16, 2010.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6676 Filed 3-25-10; 8:45 am]
BILLING CODE 8011-01-P
