Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Immediate Release Policy To Remove the Address Contact Information, 22671-22673 [2010-9872]
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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices
B. Self-Regulatory Organization’s
Statement on Burden on Competition
FINRA does not believe that the
proposed rule change will result in 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
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange represented that the
proposed rule change qualifies for
immediate effectiveness pursuant to
Section 19(b)(3)(A) of the Exchange
Act 11 and Rule 19b–4(f)(6) thereunder 12
because it: (i) Does not significantly
affect the protection of investors or the
public interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest.13 The
Exchange has requested that the
Commission waive the 30-day operative
delay, so that the proposed rule change
may become operative upon filing. The
Commission hereby grants the
Exchange’s request.14 The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest because it appears reasonably
designed to allow firms sufficient time
to make necessary systems and
operational changes to facilitate the
timely and accurate reporting of AssetBacked Securities transactions as
required by the TRACE ABS filing.
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
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
13 In addition, Rule 19b–4(f)(6)(iii) requires a selfregulatory organization to submit to the
Commission written notice of its intent to file the
proposed rule change, along with a brief description
and text of the proposed rule change, at least five
business days prior to the date of filing of the
proposed rule change, or such shorter time as
designated by the Commission. FINRA has satisfied
this requirement.
14 For the purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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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–FINRA–2010–019 on the
subject line.
22671
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–9873 Filed 4–28–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61952; File No. SR–NYSE–
2010–32]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Its
Immediate Release Policy To Remove
the Address Contact Information
April 21, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
• Send paper comments in triplicate
‘‘Exchange Act’’),2 and Rule 19b–4
to Elizabeth M. Murphy, Secretary,
thereunder,3 notice is hereby given that,
Securities and Exchange Commission,
on April 9, 2010, New York Stock
100 F Street, NE., Washington, DC
Exchange LLC (the ‘‘NYSE’’ or the
20549–1090.
‘‘Exchange’’) filed with the Securities
and Exchange Commission the proposed
All submissions should refer to File
Number SR–FINRA–2010–019. This file rule changes as described in Items I and
II below, which items have been
number should be included on the
subject line if e-mail is used. To help the prepared by the Exchange. The
Exchange has designated this proposal
Commission process and review your
eligible for immediate effectiveness
comments more efficiently, please use
only one method. The Commission will pursuant to Rule 19b–4(f)(6)4 under the
post all comments on the Commission’s Exchange Act. The Commission is
publishing this notice to solicit
Internet Web site (https://www.sec.gov/
comments on the proposed rule changes
rules/sro.shtml). Copies of the
from interested persons.
submission, all subsequent
amendments, all written statements
I. Self-Regulatory Organization’s
with respect to the proposed rule
Statement of the Terms of Substance of
change that are filed with the
the Proposed Rule Change
Commission, and all written
The Exchange proposes to amend
communications relating to the
Section 202.06 of the Listed Company
proposed rule change between the
Commission and any person, other than Manual (the ‘‘Manual’’) to remove the
contact information provided in that
those that may be withheld from the
rule for national news wire services.
public in accordance with the
The text of the proposed rule change
provisions of 5 U.S.C. 552, will be
is available on the Exchange’s Web site
available for Web site viewing and
(https://www.nyse.com), at the
printing in the Commission’s Public
Exchange’s Office of the Secretary, at
Reference Room, 100 F Street, NE.,
the Commission’s Public Reference
Washington, DC 20549, on official
room, and on the Commission’s Web
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also site at https://www.sec.gov.
will be available for inspection and
II. Self-Regulatory Organization’s
copying at the principal office of
Statement of the Purpose of, and
FINRA. All comments received will be
Statutory Basis for, the Proposed Rule
posted without change; the Commission Change
does not edit personal identifying
In its filing with the Commission, the
information from submissions. You
self-regulatory organization included
should submit only information that
you wish to make available publicly. All
15 17 CFR 200.30–3(a)(12).
submissions should refer to File
1 15 U.S.C. 78s(b)(1).
Number SR–FINRA–2010–019 and
2 15 U.S.C. 78a.
should be submitted on or before May
3 17 CFR 240.19b–4.
20, 2010.
4 17 CFR 240.19b–4(f)(6).
Paper Comments
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22672
Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices
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 NYSE 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
mstockstill on DSKH9S0YB1PROD with NOTICES
1. Purpose
Section 202.06 of the Manual sets
forth the permissible procedures for the
dissemination by listed companies of
material news as required by Section
202.05. Section 202.06 permits the
dissemination of material news by
means of any Regulation FD compliant
method (or methods). However, the
Exchange encourages companies to
disseminate material news by issuing
press releases through the national news
wire services, including Associated
Press, Bloomberg Business News, Dow
Jones & Company, Inc., Reuters America
and United Press International. As a
convenience, the Exchange has included
in Section 202.06(c) 5 [sic] contact
information for these national news
wire services. It has come to the
Exchange’s attention that some of this
information provided in the rule is no
longer accurate. Consequently, the
Exchange proposes to delete this contact
information from Section 202.06. This
contact information is provided for
information purposes only and does not
constitute a substantive part of the rule,
so the Exchange believes it is
appropriate to delete it rather than
submit a rule filing every time it
becomes aware that the information for
one of the news services becomes
inaccurate. Moreover, contact
information for the news services can be
readily located by listed companies by
other means, so its inclusion in Section
202.06(c) [sic] is not essential. The
Exchange would be happy to assist any
company in obtaining this information
if the company experiences difficulty in
locating it itself.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) 6 of the Exchange Act, in
general, and furthers the objectives of
Section 6(b)(5) of the Exchange Act 7 in
5 The Commission notes that the correct cite is
Section 202.06(C).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
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16:19 Apr 28, 2010
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particular in that it is designed to
promote just and equitable principles of
trade, 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 of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. The Exchange believes
that the proposed amendment is
consistent with the public interest in
that it does not change in any way the
substantive obligations of listed
companies under Section 202.06.
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 Exchange Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i)
Does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) does not become operative for 30
days after the date of the filing, or such
shorter time as the Commission may
designate if consistent with the
protection of investors and the public
interest, the proposed rule change has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii)11
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). Pursuant to Rule 19b–
4(f)(6)(iii) under the Act, the Exchange is required
to give the Commission written notice of its intent
to file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
9 17
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public interest. The Exchange has
requested that the Commission waive
the 30-day operative delay.
The Commission believes that waiver
of the operative delay is consistent with
the protection of investors and the
public interest because the proposed
rule change would merely delete
inaccurate and, as such, potentially
confusing contact information from
Section 202.06. This information was
provided by the Exchange for
information purposes only, does not
constitute a substantive part of the rule,
and can be easily located by listed
companies by other means.
Additionally, deletion of the language
from Section 202.06(C) does not change
in any way the substantive obligations
of listed companies. As such, the
Commission believes that the proposed
rule change raises no new regulatory
issues. For these reasons, the
Commission designates that the
proposed rule change become operative
immediately upon filing.12
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 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
No. SR–NYSE–2010–32 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 No.
SR–NYSE–2010–32. This file number
should be included on the subject line
if e-mail is used. To help the
12 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
E:\FR\FM\29APN1.SGM
29APN1
Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices
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 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 No.
SR–NYSE–2010–32 and should be
submitted on or before May 20, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–9872 Filed 4–28–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61958; File No. SR–OCC–
2010–03]
Self-Regulatory Organizations; The
Options Clearing Corporation; Order
Granting Approval of a Proposed Rule
Change Relating to ETFS Palladium
Shares and ETFS Platinum Shares
mstockstill on DSKH9S0YB1PROD with NOTICES
April 22, 2010.
I. Introduction
On March 1, 2010, The Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission the proposed rule change
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2 to
add ETFS Palladium Shares and ETFS
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Platinum Shares to the interpretation
following the definition of ‘‘fund share’’
in Article I, Section 1 of OCC’s By-Laws.
The proposed rule change was
published for comment in the Federal
Register on March 18, 2010.3 No
comment letters were received on the
proposal. This order approves the
proposal.
II. Description of the Proposal
The proposed rule change will add
ETFS Palladium Shares and ETFS
Platinum Shares to the interpretation
following the definition of ‘‘fund share’’
in Article I, Section 1 of OCC’s By-Laws.
The purpose of this rule change is to
remove any potential cloud on the
jurisdictional status of options or
security futures on ETFS Palladium
Shares or ETFS Platinum Shares.4
Under the current proposed rule
change, OCC will (i) clear and treat as
securities options any option contracts
on ETFS Palladium Shares and ETFS
Platinum Shares that are traded on
securities exchanges and (ii) clear and
treat as security futures any futures
contracts on ETFS Palladium Shares
and ETFS Platinum Shares.
In addition, in its capacity as a
‘‘derivatives clearing organization’’
registered with the Commodity Futures
Trading Commission (‘‘CFTC’’), OCC
also filed this proposal for prior
approval by the CFTC pursuant to
provisions of the Commodity Exchange
Act (‘‘CEA’’) in order to foreclose any
potential liability under the CEA based
on an argument that the clearing by OCC
of such options as securities options or
the clearing of such futures as security
futures constitutes a violation of the
CEA.
The products that are affected by this
approval order are essentially the same
as the options and security futures on
SPDR Gold Shares, iShares COMEX
Gold Shares, iShares Silver Shares,
ETFS Physical Swiss Gold Shares, and
ETFS Physical Silver Shares that OCC
currently clears pursuant to rule
changes approved by the Commission.5
III. Discussion
Section 17A(b)(3)(F) of the Act
requires, among other things, that the
rules of a clearing agency be designed to
3 Securities Exchange Act Release No. 61254
(Mar. 11, 2010), 75 FR 13169.
4 The Commission recently approved a related
rule change by the Chicago Board Options Exchange
to enable the listing and trading of options on the
EFTS Palladium Trust and the EFTS Platinum
Trust. Securities Exchange Act Release No. 61892
(Apr. 13, 2010), 75 FR 20649.
5 Securities Exchange Act Release Nos. 57895
(May 30, 2008), 73 FR 32066 (June 5, 2008); 59054
(Dec. 4, 2008), 73 FR 75159 (Dec. 10, 2008); 61591
(Feb. 25, 2010), 75 FR 9981 (Mar. 4, 2010).
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22673
promote the prompt and accurate
clearance and settlement of securities
transactions and derivative
transactions.6 By amending its By-Laws
to help clarify that options on ETFS
Palladium Shares and ETFS Platinum
Shares that are traded on securities
exchanges will be treated and cleared as
securities options and that futures on
ETFS Palladium and ETFS Platinum
shares will be treated as security
futures, OCC’s rule change should help
clarify the jurisdictional status of such
contracts and accordingly should help
to promote the prompt and accurate
clearance and settlement of securities
transactions and of derivative
transactions. In accordance with the
Memorandum of Understanding entered
into between the CFTC and the
Commission on March 11, 2008, and in
particular the addendum thereto
concerning Principles Governing the
Review of Novel Derivative Products,
the Commission believes that novel
derivative products that implicate areas
of overlapping regulatory concern
should be permitted to trade in either a
CFTC or Commission-regulated
environment or both in a manner
consistent with laws and regulations
(including the appropriate use of all
available exemptive and interpretive
authority).
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and in
particular Section 17A of the Act 7 and
the rules and regulations thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,8 that the
proposed rule change (File No. SR–
OCC–2010–03) be and hereby is
approved.9
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–9940 Filed 4–28–10; 8:45 am]
BILLING CODE 8011–01–P
6 15
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1.
8 15 U.S.C. 78s(b)(2).
9 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition and capital formation. 15
U.S.C. 78c(f).
10 17 CFR 200.30–3(a)(12).
7 15
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]]>Agencies
[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22671-22673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9872]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61952; File No. SR-NYSE-2010-32]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Immediate Release Policy To Remove the Address Contact
Information
April 21, 2010.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that, on April 9, 2010, New York Stock Exchange LLC (the
``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission the proposed rule changes as described in Items I and II
below, which items have been prepared by the Exchange. The Exchange has
designated this proposal eligible for immediate effectiveness pursuant
to Rule 19b-4(f)(6)\4\ under the Exchange Act. The Commission is
publishing this notice to solicit comments on the proposed rule changes
from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Section 202.06 of the Listed Company
Manual (the ``Manual'') to remove the contact information provided in
that rule for national news wire services.
The text of the proposed rule change is available on the Exchange's
Web site (https://www.nyse.com), at the Exchange's Office of the
Secretary, at the Commission's Public Reference room, and on the
Commission's Web site at https://www.sec.gov.
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
[[Page 22672]]
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 NYSE 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
Section 202.06 of the Manual sets forth the permissible procedures
for the dissemination by listed companies of material news as required
by Section 202.05. Section 202.06 permits the dissemination of material
news by means of any Regulation FD compliant method (or methods).
However, the Exchange encourages companies to disseminate material news
by issuing press releases through the national news wire services,
including Associated Press, Bloomberg Business News, Dow Jones &
Company, Inc., Reuters America and United Press International. As a
convenience, the Exchange has included in Section 202.06(c) \5\ [sic]
contact information for these national news wire services. It has come
to the Exchange's attention that some of this information provided in
the rule is no longer accurate. Consequently, the Exchange proposes to
delete this contact information from Section 202.06. This contact
information is provided for information purposes only and does not
constitute a substantive part of the rule, so the Exchange believes it
is appropriate to delete it rather than submit a rule filing every time
it becomes aware that the information for one of the news services
becomes inaccurate. Moreover, contact information for the news services
can be readily located by listed companies by other means, so its
inclusion in Section 202.06(c) [sic] is not essential. The Exchange
would be happy to assist any company in obtaining this information if
the company experiences difficulty in locating it itself.
---------------------------------------------------------------------------
\5\ The Commission notes that the correct cite is Section
202.06(C).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) \6\ of the Exchange Act, in general, and furthers the
objectives of Section 6(b)(5) of the Exchange Act \7\ in particular in
that it is designed to promote just and equitable principles of trade,
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 of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Exchange believes that the proposed amendment is
consistent with the public interest in that it does not change in any
way the substantive obligations of listed companies under Section
202.06.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and
Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act\10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii)\11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change would merely delete inaccurate and, as
such, potentially confusing contact information from Section 202.06.
This information was provided by the Exchange for information purposes
only, does not constitute a substantive part of the rule, and can be
easily located by listed companies by other means. Additionally,
deletion of the language from Section 202.06(C) does not change in any
way the substantive obligations of listed companies. As such, the
Commission believes that the proposed rule change raises no new
regulatory issues. For these reasons, the Commission designates that
the proposed rule change become operative immediately upon filing.\12\
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\12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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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 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 No. SR-NYSE-2010-32 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 No. SR-NYSE-2010-32. This file
number should be included on the subject line if e-mail is used. To
help the
[[Page 22673]]
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 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 No. SR-NYSE-2010-32 and should be submitted on or
before May 20, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9872 Filed 4-28-10; 8:45 am]
BILLING CODE 8011-01-P
