Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Its Fee Schedule, 49546-49547 [2010-20003]

Download as PDF 49546 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices 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–Phlx–2010–110 on the subject line. Paper Comments emcdonald on DSK2BSOYB1PROD with NOTICES • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62670; File No. SR– NYSEArca–2010–77] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Its Fee Schedule August 9, 2010. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that, on August 4, 2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ All submissions should refer to File or the ‘‘Exchange’’) filed with the Number SR–Phlx–2010–110. This file Securities and Exchange Commission number should be included on the (‘‘SEC’’ or ‘‘Commission’’) the proposed subject line if e-mail is used. To help the rule change as described in Items I and Commission process and review your II below, which Items have been comments more efficiently, please use prepared by the Exchange. The only one method. The Commission will Commission is publishing this notice to post all comments on the Commission’s solicit comments on the proposed rule Internet Web site (https://www.sec.gov/ change from interested persons. rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s submission, all subsequent Statement of the Terms of Substance of amendments, all written statements the Proposed Rule Change with respect to the proposed rule change that are filed with the The Exchange proposes to amend its Commission, and all written Schedule of Fees and Charges for communications relating to the Exchange Services (the ‘‘Schedule’’). proposed rule change between the While changes to the Schedule pursuant Commission and any person, other than to this proposal will be effective upon those that may be withheld from the filing, the changes will become public in accordance with the operative on August 4, 2010. The provisions of 5 U.S.C. 552, will be amended section of the Schedule is available for Web site viewing and included as Exhibit 5 to the 19b–4 form. printing in the Commission’s Public A copy of this filing is available on the Reference Room, 100 F Street, NE., Exchange’s Web site at https:// Washington, DC 20549, on official www.nyse.com, at the Exchange’s business days between the hours of principal office, on the Commission’s 10 a.m. and 3 p.m. Copies of the filing Web site at https://www.sec.gov, and at also will be available for inspection and the Commission’s Public Reference copying at the principal office of the Room. Exchange. All comments received will II. Self-Regulatory Organization’s be posted without change; the Statement of the Purpose of, and Commission does not edit personal Statutory Basis for, the Proposed Rule identifying information from Change submissions. You should submit only information that you wish to make In its filing with the Commission, the available publicly. All submissions self-regulatory organization included should refer to File Number SR–Phlx– statements concerning the purpose of, 2010–110 and should be submitted on and basis for, the proposed rule change or before September 3, 2010. and discussed any comments it received on the proposed rule change. The text For the Commission, by the Division of of those statements may be examined at Trading and Markets, pursuant to delegated authority.12 the places specified in Item IV below. The Exchange has prepared summaries, Florence E. Harmon, set forth in sections A, B, and C below, Deputy Secretary. of the most significant parts of such [FR Doc. 2010–19971 Filed 8–12–10; 8:45 am] statements. BILLING CODE 8010–01–P 1 15 12 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 16:35 Aug 12, 2010 2 17 Jkt 220001 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00093 Fmt 4703 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this filing is to amend the Schedule to reflect new transaction pricing that will become operative on August 4, 2010. The Exchange proposes to eliminate the fees charged to Firms that manually facilitate their customer order flow. Currently, all Firm proprietary manual transactions are charged $0.18 per contract and are further capped at $2,000 per issue per day. NYSE Arca proposes to eliminate fees charged for any transaction involving a Firm’s proprietary trading account that has a customer of that same Firm on the contra side of the transaction. Under the revised Schedule, all such transactions, known as Firm Facilitation—Manual trades, will be subject to a rate of $0.00 per contract. With the reduction of Firm Facilitation—Manual trades to $0.00 the transaction fee for all other Firm proprietary manual trades will be $0.25 per contract. The fee for Firm proprietary electronic transactions will continue to be $0.50 per contract. Firm transaction fees will be applied on the same basis as all other Broker Dealer transaction fees. Additionally, there will no longer be a daily cap on Firm proprietary manual transactions in the same option class. The fees for electronic complex orders, where two complex orders trade against each other, will be reduced to $0.00 when the same Firm represents both sides. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act,3 in general, and Section 6(b)(4) of the Act,4 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. 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. 3 15 4 15 Sfmt 4703 E:\FR\FM\13AUN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(4). 13AUN1 Federal Register / Vol. 75, No. 156 / Friday, August 13, 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 The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 5 of the Act and subparagraph (f)(2) of Rule 19b–4 6 thereunder, because it establishes a due, fee, or other charge imposed by NYSE Arca on its members. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: emcdonald on DSK2BSOYB1PROD with NOTICES Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2010–77 on the subject line. 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEArca–2010–77 and should be submitted on or before September 3, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–20003 Filed 8–12–10; 8:45 am] 6 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). DEPARTMENT OF STATE [Public Notice 7103] Renewal of the Charter of the United States International Telecommunication Advisory Committee VerDate Mar<15>2010 16:35 Aug 12, 2010 SUMMARY: 7 17 Jkt 220001 PO 00000 CFR 200.30–3(a)(12). Frm 00094 Fmt 4703 Organization of Economic Cooperation and Development, and other international bodies addressing telecommunications. For Additional Information Contact: Julian Minard in the Office of Multilateral Affairs, International Communications and Information Policy, Bureau of Economic, Energy and Business Affairs, Department of State, at minardje@state.gov or at (202) 647– 5202. Anyone interested in the work of this advisory committee may subscribe to an e-mail service that provides timesensitive information about preparations for upcoming international meetings. This service is free. To sign up, contact Mr. Minard. Dated: August 9, 2010. James G. Ennis, International Communications & Information Policy, U.S. Department of State. [FR Doc. 2010–20024 Filed 8–12–10; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in Indiana Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA, United States Fish and Wildlife Service (USFWS), DOI, and United States Army Corps of Engineers (USACE), DOD. AGENCY: BILLING CODE 8010–01–P The Charter of the International Telecommunication Paper Comments Advisory Committee (ITAC) has been • Send paper comments in triplicate renewed for an additional two years on to Elizabeth M. Murphy, Secretary, July 29, 2010. Securities and Exchange Commission, The ITAC was established pursuant to 100 F Street, NE., Washington, DC the Federal Advisory Committee Act 20549–1090. under the general authority of the Secretary of State and the Department of All submissions should refer to File State as set forth in Title 22, sections Number SR–NYSEArca–2010–77. This 2656 and 2707 of the United States file number should be included on the subject line if e-mail is used. To help the Code. The purpose of the ITAC is to advise the Department of State with Commission process and review your respect to, and provide strategic comments more efficiently, please use only one method. The Commission will planning recommendations on, post all comments on the Commission’s telecommunication and information policy matters related to the United Internet Web site (https://www.sec.gov/ States’ participation in the work of the rules/sro.shtml). Copies of the International Telecommunication submission, all subsequent Union, the Permanent Consultative amendments, all written statements Committees of the Organization of with respect to the proposed rule American States Inter-American change that are filed with the Telecommunication Commission, the 5 15 49547 Sfmt 4703 This notice announces actions taken by the FHWA, the USFWS, and the USACE that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to proposed highway projects for a 28.7 mile segment of I–69 in the Counties of Gibson, Pike and Daviess, State of Indiana, and a 25.73 mile segment of I–69 in the Counties of Daviess and Greene, State of Indiana, and grant licenses, permits, and approvals for the projects. DATES: By this notice, the FHWA is advising the public that the FHWA, the USACE, and the USFWS have made decisions that are subject to 23 U.S.C. 139(l)(1) and are final within the meaning of that law. A claim seeking judicial review of those Federal agency decisions on the proposed highway project will be barred unless the claim is filed on or before February 9, 2011. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then the shorter time period applies. SUMMARY: E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49546-49547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20003]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62670; File No. SR-NYSEArca-2010-77]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Its 
Fee Schedule

August 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on August 4, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
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 its Schedule of Fees and Charges for 
Exchange Services (the ``Schedule''). While changes to the Schedule 
pursuant to this proposal will be effective upon filing, the changes 
will become operative on August 4, 2010. The amended section of the 
Schedule is included as Exhibit 5 to the 19b-4 form. A copy of this 
filing is available on the Exchange's Web site at https://www.nyse.com, 
at the Exchange's principal office, on the Commission's Web site at 
https://www.sec.gov, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to amend the Schedule to reflect new 
transaction pricing that will become operative on August 4, 2010.
    The Exchange proposes to eliminate the fees charged to Firms that 
manually facilitate their customer order flow. Currently, all Firm 
proprietary manual transactions are charged $0.18 per contract and are 
further capped at $2,000 per issue per day.
    NYSE Arca proposes to eliminate fees charged for any transaction 
involving a Firm's proprietary trading account that has a customer of 
that same Firm on the contra side of the transaction. Under the revised 
Schedule, all such transactions, known as Firm Facilitation--Manual 
trades, will be subject to a rate of $0.00 per contract.
    With the reduction of Firm Facilitation--Manual trades to $0.00 the 
transaction fee for all other Firm proprietary manual trades will be 
$0.25 per contract. The fee for Firm proprietary electronic 
transactions will continue to be $0.50 per contract. Firm transaction 
fees will be applied on the same basis as all other Broker Dealer 
transaction fees.
    Additionally, there will no longer be a daily cap on Firm 
proprietary manual transactions in the same option class.
    The fees for electronic complex orders, where two complex orders 
trade against each other, will be reduced to $0.00 when the same Firm 
represents both sides.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6(b) of the Act,\3\ in general, and 
Section 6(b)(4) of the Act,\4\ in particular, in that it is designed to 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

[[Page 49547]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \5\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \6\ thereunder, because it establishes a due, fee, or other charge 
imposed by NYSE Arca on its members.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2010-77 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-2010-77. 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 the filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-77 and should be submitted on or before September 3, 
2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20003 Filed 8-12-10; 8:45 am]
BILLING CODE 8010-01-P
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