Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Amex LLC To Amend the Exchange Price List, 54926-54928 [2010-22446]
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54926
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
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, by
allowing the Exchange to have uniform
position limit procedures.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose 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
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days after the date of
the filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.11 However, Rule 19b–
4(f)(6)(iii) 12 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 so that the proposal may become
operative immediately upon filing,
thereby giving the Exchange a position
limit process that can recognize
exemptions granted by other exchanges.
The Commission believes that waiving
the 30-day operative delay is consistent
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
organization 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. The Exchange has satisfied this
requirement.
12 Id.
mstockstill on DSKH9S0YB1PROD with NOTICES
10 17
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17:24 Sep 08, 2010
Jkt 220001
with the protection of investors and the
public interest because such waiver will
afford Exchange members the benefit of
the proposal—the ability to rely on
exemptions granted by other exchanges,
when appropriately documented—
without unnecessary delay. For this
reason, the Commission designates the
proposed rule change as operative under
upon filing.13
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.
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
ISE. 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–ISE–2010–86 and should be
submitted on or before September 30,
2010.
IV. Solicitation of Comments
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
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–ISE–2010–86 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–ISE–2010–86. 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
13 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).
PO 00000
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Fmt 4703
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[FR Doc. 2010–22443 Filed 9–8–10; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62825; File No. SR–
NYSEAmex–2010–90]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex LLC To Amend the Exchange
Price List
September 1, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
30, 2010, NYSE Amex LLC (‘‘NYSE
Amex’’ or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
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 its
2010 Price List for equities to modify
the fees it charges for all market at-theclose (‘‘MOC’’) and limit at-the-close
(‘‘LOC’’) orders executed in the
Exchange’s closing transaction. For
14 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
securities with a per share price of $1.00
or more, the fee will increase from
$0.0007 per share executed to $0.00085
per share executed. For securities with
a per share price below $1.00 per share,
the fee will change from (A) the lesser
of (i) $0.0007 per share executed and (ii)
0.25% of the total dollar value of the
transaction to (B) the lesser of (i)
$0.00085 per share executed and (ii)
0.25% of the total dollar value of the
transaction. The Exchange also proposes
to lower the fee for taking liquidity from
the Exchange from $0.0021 per share
executed to $0.0013 per share executed
for NASDAQ securities with a share
price of $1.00 or more that trade on the
Exchange pursuant to unlisted trading
privileges (‘‘UTP’’). The amended
pricing will take effect on September 1,
2010. The text of the proposed rule
change is available at the Exchange, at
https://www.nyse.com, 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
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.
mstockstill on DSKH9S0YB1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
2010 Price List for equities to modify
the fees it charges for all MOC and LOC
orders executed in the Exchange’s
closing transaction. For securities with
a per share price of $1.00 or more, the
fee will increase from $0.0007 per share
executed to $0.00085 per share
executed. For securities with a per share
price below $1.00 per share, the fee will
change from (A) the lesser of (i) $0.0007
per share executed and (ii) 0.25% of the
total dollar value of the transaction to
(B) the lesser of (i) $0.00085 per share
executed and (ii) 0.25% of the total
dollar value of the transaction. The
Exchange notes that The NASDAQ
Stock Market LLC (‘‘NASDAQ’’) recently
made a similar filing increasing the fee
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
that it charges for MOC and LOC orders
in its closing cross from $0.0007 per
share executed to $0.0010 per share
executed.4
The Exchange also proposes to lower
the fee for taking liquidity from the
Exchange from $0.0021 per share
executed to $0.0013 per share executed
for NASDAQ securities with a share
price of $1.00 or more that trade on the
Exchange pursuant to UTP. This fee
reduction for such transactions in
NASDAQ securities will apply to all
market participants as well as to
Designated Market Makers and
Supplemental Liquidity Providers.
There will be no changes to the rebates
for adding liquidity for trades on the
Exchange in NASDAQ securities
pursuant to UTP.
Finally, because full implementation
has now been achieved of the
Exchange’s recently approved rule
changes providing for incorporation of
the receipt and execution of odd-lot
interest into the round lot market and
decommissioning the use of the odd-lot
system,5 the Exchange is taking this
opportunity to delete several obsolete
references in its 2010 Price List to
separate execution pricing for odd lot
interest and the odd lot portions of
partial round lots.
These changes are intended to be
effective immediately for all
transactions beginning September 1,
2010.
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’’),6 in general, and Section 6(b)(4)
of the Act,7 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. The
Exchange believes that the proposal
does not constitute an inequitable
allocation of fees, as all similarly
situated member organizations will be
charged the same amount and access to
the Exchange’s market is offered on fair
and non-discriminatory terms. Further,
with respect to the proposed fee change
for MOC and LOC orders that are
executed in the Exchange’s closing
transaction, a competing exchange also
recently implemented a similar fee
4 See Securities Exchange Act Release No. 62592
(July 29, 2010), 75 FR 47053 (August 4, 2010) (SR–
NASDAQ–2010–095).
5 See Securities Exchange Act Release No. 62578
(July 27, 2010), 75 FR 45185 (August 2, 2010) (SR–
NYSEAmex–2010–53).
6 15 U.S.C. 78f(b) [sic].
7 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
54927
change for its market participants, as
described above.
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.
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) 8 of the Act and
subparagraph (f)(2) of Rule 19b–4 9
thereunder, because it establishes a due,
fee, or other charge imposed by the
NYSE Amex.
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 rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2010–90 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–NYSEAmex–2010–90. This
file number should be included on the
8 15
9 17
E:\FR\FM\09SEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
09SEN1
54928
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
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
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 website 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 will
also 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–
NYSEAmex–2010–90 and should be
submitted on or before September 30,
2010.
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II 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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2010–22446 Filed 9–8–10; 8:45 am]
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.
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62826; File No. SR–NYSE–
2010–63]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by New York
Stock Exchange LLC To Amend the
Exchange Price List
mstockstill on DSKH9S0YB1PROD with NOTICES
September 1, 2010.
Pursuant to Section 19(b)(1)1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
30, 2010, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
17:24 Sep 08, 2010
Jkt 220001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
2010 Price List to modify the fees it
charges for all market at-the-close
(‘‘MOC’’) and limit at-the-close (‘‘LOC’’)
orders executed in the NYSE Closing
Auction. For stocks with a per share
stock price of $1.00 or more, the fee will
increase from $0.0007 per share
executed to $0.00085 per share
executed. For stocks with a per share
stock price less than $1.00 per share, the
fee will change from (A) the lesser of (i)
0.3% of the total dollar value of the
transaction and (ii) $0.0007 per share
executed to (B) the lesser of (i) 0.3% of
the total dollar value of the transaction
and (ii) $0.00085 per share executed.
The amended pricing will take effect on
September 1, 2010. The text of the
proposed rule change is available at the
Exchange, at https://www.nyse.com, at
the Commission’s Public Reference
Room, and on the Commission’s Web
site at https://www.sec.gov.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
2010 Price List to modify the fees it
charges for all MOC and LOC orders
executed in the NYSE Closing Auction.
For stocks with a per share stock price
of $1.00 or more, the fee will increase
from $0.0007 per share executed to
$0.00085 per share executed. For stocks
with a per share stock price less than
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
$1.00 per share, the fee will change from
(A) the lesser of (i) 0.3% of the total
dollar value of the transaction and (ii)
$0.0007 per share executed to (B) the
lesser of (i) 0.3% of the total dollar
value of the transaction and (ii)
$0.00085 per share executed. The
Exchange notes that The NASDAQ
Stock Market LLC recently made a
similar filing increasing the fee that it
charges for MOC and LOC orders in its
closing cross from $0.0007 per share
executed to $0.0010 per share
executed.4
These changes are intended to be
effective immediately for all
transactions beginning September 1,
2010.
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 Section 6(b)(4)
of the Act,6 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. The
Exchange believes that the proposal
does not constitute an inequitable
allocation of fees, as all similarly
situated member organizations will be
charged the same amount and access to
the Exchange’s market is offered on fair
and non-discriminatory terms. Further,
a competing exchange also recently
implemented a similar fee change for its
market participants, as described above.
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.
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) 7 of the Act and
4 See Securities Exchange Act Release No. 62592
(July 29, 2010), 75 FR 47053 (August 4, 2010) (SR–
NASDAQ–2010–095).
5 15 U.S.C. 78f(b) [sic].
6 15 U.S.C. 78f(b)(4).
7 15 U.S.C. 78s(b)(3)(A).
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54926-54928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22446]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62825; File No. SR-NYSEAmex-2010-90]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC To Amend the
Exchange Price List
September 1, 2010.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 30, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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\ 15 U.S.C. 78a.
\3\ 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 2010 Price List for equities to
modify the fees it charges for all market at-the-close (``MOC'') and
limit at-the-close (``LOC'') orders executed in the Exchange's closing
transaction. For
[[Page 54927]]
securities with a per share price of $1.00 or more, the fee will
increase from $0.0007 per share executed to $0.00085 per share
executed. For securities with a per share price below $1.00 per share,
the fee will change from (A) the lesser of (i) $0.0007 per share
executed and (ii) 0.25% of the total dollar value of the transaction to
(B) the lesser of (i) $0.00085 per share executed and (ii) 0.25% of the
total dollar value of the transaction. The Exchange also proposes to
lower the fee for taking liquidity from the Exchange from $0.0021 per
share executed to $0.0013 per share executed for NASDAQ securities with
a share price of $1.00 or more that trade on the Exchange pursuant to
unlisted trading privileges (``UTP''). The amended pricing will take
effect on September 1, 2010. The text of the proposed rule change is
available at the Exchange, at https://www.nyse.com, 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 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 Exchange proposes to amend its 2010 Price List for equities to
modify the fees it charges for all MOC and LOC orders executed in the
Exchange's closing transaction. For securities with a per share price
of $1.00 or more, the fee will increase from $0.0007 per share executed
to $0.00085 per share executed. For securities with a per share price
below $1.00 per share, the fee will change from (A) the lesser of (i)
$0.0007 per share executed and (ii) 0.25% of the total dollar value of
the transaction to (B) the lesser of (i) $0.00085 per share executed
and (ii) 0.25% of the total dollar value of the transaction. The
Exchange notes that The NASDAQ Stock Market LLC (``NASDAQ'') recently
made a similar filing increasing the fee that it charges for MOC and
LOC orders in its closing cross from $0.0007 per share executed to
$0.0010 per share executed.\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 62592 (July 29,
2010), 75 FR 47053 (August 4, 2010) (SR-NASDAQ-2010-095).
---------------------------------------------------------------------------
The Exchange also proposes to lower the fee for taking liquidity
from the Exchange from $0.0021 per share executed to $0.0013 per share
executed for NASDAQ securities with a share price of $1.00 or more that
trade on the Exchange pursuant to UTP. This fee reduction for such
transactions in NASDAQ securities will apply to all market participants
as well as to Designated Market Makers and Supplemental Liquidity
Providers. There will be no changes to the rebates for adding liquidity
for trades on the Exchange in NASDAQ securities pursuant to UTP.
Finally, because full implementation has now been achieved of the
Exchange's recently approved rule changes providing for incorporation
of the receipt and execution of odd-lot interest into the round lot
market and decommissioning the use of the odd-lot system,\5\ the
Exchange is taking this opportunity to delete several obsolete
references in its 2010 Price List to separate execution pricing for odd
lot interest and the odd lot portions of partial round lots.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 62578 (July 27,
2010), 75 FR 45185 (August 2, 2010) (SR-NYSEAmex-2010-53).
---------------------------------------------------------------------------
These changes are intended to be effective immediately for all
transactions beginning September 1, 2010.
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''),\6\ in general, and Section 6(b)(4) of the Act,\7\ 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. The Exchange believes
that the proposal does not constitute an inequitable allocation of
fees, as all similarly situated member organizations will be charged
the same amount and access to the Exchange's market is offered on fair
and non-discriminatory terms. Further, with respect to the proposed fee
change for MOC and LOC orders that are executed in the Exchange's
closing transaction, a competing exchange also recently implemented a
similar fee change for its market participants, as described above.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b) [sic].
\7\ 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.
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) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Amex.
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(2).
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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-NYSEAmex-2010-90 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-NYSEAmex-2010-90. This
file number should be included on the
[[Page 54928]]
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 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 website 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 will also 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-NYSEAmex-2010-90 and should be submitted on or before
September 30, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22446 Filed 9-8-10; 8:45 am]
BILLING CODE 8010-01-P