Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period To Receive Inbound Routes of Equities Orders From Archipelago Securities LLC, 55382-55383 [2010-22562]
Download as PDF
<![CDATA[
55382
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
srobinson on DSKHWCL6B1PROD with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62833; File No. SR–
NYSEArca–2010–82]
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission (‘‘SEC’’) and the
Commodity Futures Trading
Commission (‘‘CFTC’’) will hold public
roundtable discussions on Tuesday,
September 14, 2010 at the CFTC’s
headquarters at Three Lafayette Centre,
Lobby Level Hearing Room (Room
1000), 1155 21st Street, NW.,
Washington, DC 20581 and on
Wednesday, September 15, 2010 at the
SEC’s headquarters at 100 F Street, NE.,
Washington, DC 20549 in the
Auditorium, (Room L–002).
The meeting on Tuesday will begin at
8:45 a.m. and the meeting on
Wednesday will begin at 9 a.m., with
both meetings being open to the public,
with seating on a first-come, first-served
basis. Visitors will be subject to security
checks.
This Sunshine Act notice is being
issued because a majority of the
Commission may attend the meetings.
Commissioner Aguilar, as duty
officer, determined that no earlier notice
thereof was possible.
The agenda for the meeting on
September 14, 2010 includes a panel
discussion concerning data for swaps
and security-based swaps, swap data
repositories, security-based swap data
repositories, and real-time public
reporting in the context of certain
authority that Sections 727, 728, and
763 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Act’’) granted the Agencies
respectively.
The agenda for the meeting on
September 15, 2010 includes a panel
discussion concerning swap execution
facilities and security-based swap
execution facilities in the context of
certain authority that Sections 733 and
763 of Act granted the Agencies.
For further information, please
contact the CFTC’s Office of Public
Affairs at (202) 418–5080 or the SEC’s
office of Public Affairs at (202) 551–
4120.
Dated: September 8, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–22751 Filed 9–8–10; 4:15 pm]
BILLING CODE 8010–01–P
VerDate Mar<15>2010
16:29 Sep 09, 2010
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Extending the Pilot
Period To Receive Inbound Routes of
Equities Orders From Archipelago
Securities LLC
September 2, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) and Rule 19b–4 thereunder,2
notice is hereby given that, on August
31, 2010, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 extend the
pilot period of the Exchange’s prior
approvals to receive inbound routes of
equities orders from Archipelago
Securities LLC (‘‘Arca Securities’’), an
NYSE Arca affiliated ETP Holder. The
text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room,
and https://www.nyse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and the
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.
1 15
2 17
Jkt 220001
PO 00000
U.S.C.78s(b)(1).
CFR 240.19b–4.
Frm 00082
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Currently, Arca Securities is the
approved outbound order routing
facility of the Exchange.3 Arca
Securities is also the approved
outbound order routing facility of the
New York Stock Exchange LLC
(‘‘NYSE’’) and NYSE Amex LLC (‘‘NYSE
Amex’’).4 The Exchange, through NYSE
Arca Equities, has also been previously
approved to receive inbound routes of
equities orders by Arca Securities in its
capacity as an order routing facility of
the NYSE and NYSE Amex.5 The
Exchange’s authority to receive inbound
routes of equities orders by Arca
Securities is subject to a pilot period
ending September 30, 2010.6 The
Exchange hereby seeks to extend the
previously approved pilot period (with
the attendant obligations and
conditions) for an additional 6 months,
through March 31, 2011.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 7 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), in general, and furthers the
objectives of Section 6(b)(5) 8 in
particular in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
3 See Securities Exchange Act Release No. 54238
(July 28, 2006), 71 FR 44758 (August 7, 2006) (order
approving SR–NYSEArca–2006–13); see also,
Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29,
2005)(SR–PCX–2005–90); see also, Securities
Exchange Act Release No. 44983 (October 25, 2001),
66 FR 55225 (November 1, 2001) (SR–PCX–00–25);
see also, Securities Exchange Act Release No. 58681
(September 29, 2008), 73 FR 58285 (October 6,
2008) (order approving SR–NYSEArca–2008–90).
4 See Securities Exchange Act Release No. 55590
(April 5, 2007), 72 FR 18707 (April 13, 2007) (notice
of immediate effectiveness of SR–NYSE–2007–29);
see also, Securities Exchange Act Release No. 58680
(September 29, 2008), 73 FR 58283 (October 6,
2008) (order approving SR–NYSE–2008–76). See
Securities Exchange Act Release No. 59009
(November 24, 2008), 73 FR 73363 (December 2,
2008) (order approving SR–NYSEALTR–2008–07);
see also, Securities Exchange Act Release No. 59473
(February 27, 2009) 74 FR 9853 (March 6, 2009)
(order approving SR–NYSEALTR–2009–18).
5 See Securities Exchange Act Release No. 58681
(September 29, 2008), 73 FR 58285 (October 6,
2008) (order approving NYSEArca–2008–90); see
also, Securities Exchange Act Release No. 59010
(November 24, 2008), 73 FR 73373 (December 2,
2008) (order approving SR–NYSEArca–2008–130).
6 See Securities Exchange Act Release No. 61813
(March 31, 2010), 75 FR 17459 (April 6, 2010)
(Notice of immediate effectiveness of SR–
NYSEArca–2010–19).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
cooperation and coordination with
persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system.
Specifically, the proposed rule change
will allow the Exchange to continue
receiving inbound routes of equities
orders from Arca Securities acting in its
capacity as a facility of the NYSE and
NYSE Amex, in a manner consistent
with prior approvals and established
protections. The Exchange believes that
extending the previously approved pilot
period for six months will permit both
the Exchange and the Commission to
further assess the impact of the
Exchange’s authority to receive direct
inbound routes of equities orders via
Arca Securities (including the attendant
obligations and conditions).9
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.
srobinson on DSKHWCL6B1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
does not: (1) Significantly affect the
protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11
At any time within 60 days of the
filing of such proposed rule change the
Commission summarily may
9 The Exchange is currently analyzing the
condition regarding non-public information and
system changes in order to better reflect the
operation of Arca Securities.
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6). 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.
VerDate Mar<15>2010
16:29 Sep 09, 2010
Jkt 220001
55383
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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
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:
BILLING CODE 8010–01–P
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–2010–82 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–2010–82. 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 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-2010–82 and
should be submitted on or before
October 1, 2010.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
[FR Doc. 2010–22562 Filed 9–9–10; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62847; File No. SR–CBOE–
2010–077]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Proposed Rule
Change, as Modified by Amendment
No. 1, To List Series With Up to 12
Expiration Months for Broad-Based
Security Index Options Upon Which
the Exchange Calculates a Volatility
Index
September 3, 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 August
24, 2010, the Chicago Board Options
Exchange, Incorporated (the ‘‘Exchange’’
or ‘‘CBOE’’) 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 Exchange. On September 2, 2010,
the Exchange filed Amendment No. 1,
which replaced the original filing in its
entirety. The Commission is publishing
this notice to solicit comments on the
proposed rule change, as amended, from
interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE proposes to amend Rule
24.9(a)(2), Terms of Index Option
Contracts, to allow the Exchange to list
up to twelve expiration months for
options that overlie broad-based
security indexes for which options are
used by the Exchange to calculate a
volatility index. The text of the rule
proposal is available on the Exchange’s
Web site (https://www.cboe.org/legal), at
the Exchange’s principal office, and at
the Commission’s Public Reference
Room.
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55382-55383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22562]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62833; File No. SR-NYSEArca-2010-82]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period To Receive Inbound Routes of Equities Orders From Archipelago
Securities LLC
September 2, 2010.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 31, 2010, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') 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\ 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 extend the pilot period of the Exchange's
prior approvals to receive inbound routes of equities orders from
Archipelago Securities LLC (``Arca Securities''), an NYSE Arca
affiliated ETP Holder. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
https://www.nyse.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and the
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
Currently, Arca Securities is the approved outbound order routing
facility of the Exchange.\3\ Arca Securities is also the approved
outbound order routing facility of the New York Stock Exchange LLC
(``NYSE'') and NYSE Amex LLC (``NYSE Amex'').\4\ The Exchange, through
NYSE Arca Equities, has also been previously approved to receive
inbound routes of equities orders by Arca Securities in its capacity as
an order routing facility of the NYSE and NYSE Amex.\5\ The Exchange's
authority to receive inbound routes of equities orders by Arca
Securities is subject to a pilot period ending September 30, 2010.\6\
The Exchange hereby seeks to extend the previously approved pilot
period (with the attendant obligations and conditions) for an
additional 6 months, through March 31, 2011.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (order approving SR-NYSEArca-
2006-13); see also, Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29, 2005)(SR-PCX-2005-
90); see also, Securities Exchange Act Release No. 44983 (October
25, 2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25); see also,
Securities Exchange Act Release No. 58681 (September 29, 2008), 73
FR 58285 (October 6, 2008) (order approving SR-NYSEArca-2008-90).
\4\ See Securities Exchange Act Release No. 55590 (April 5,
2007), 72 FR 18707 (April 13, 2007) (notice of immediate
effectiveness of SR-NYSE-2007-29); see also, Securities Exchange Act
Release No. 58680 (September 29, 2008), 73 FR 58283 (October 6,
2008) (order approving SR-NYSE-2008-76). See Securities Exchange Act
Release No. 59009 (November 24, 2008), 73 FR 73363 (December 2,
2008) (order approving SR-NYSEALTR-2008-07); see also, Securities
Exchange Act Release No. 59473 (February 27, 2009) 74 FR 9853 (March
6, 2009) (order approving SR-NYSEALTR-2009-18).
\5\ See Securities Exchange Act Release No. 58681 (September 29,
2008), 73 FR 58285 (October 6, 2008) (order approving NYSEArca-2008-
90); see also, Securities Exchange Act Release No. 59010 (November
24, 2008), 73 FR 73373 (December 2, 2008) (order approving SR-
NYSEArca-2008-130).
\6\ See Securities Exchange Act Release No. 61813 (March 31,
2010), 75 FR 17459 (April 6, 2010) (Notice of immediate
effectiveness of SR-NYSEArca-2010-19).
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) \7\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \8\ in particular in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster
[[Page 55383]]
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Specifically, the proposed rule change will allow the Exchange to
continue receiving inbound routes of equities orders from Arca
Securities acting in its capacity as a facility of the NYSE and NYSE
Amex, in a manner consistent with prior approvals and established
protections. The Exchange believes that extending the previously
approved pilot period for six months will permit both the Exchange and
the Commission to further assess the impact of the Exchange's authority
to receive direct inbound routes of equities orders via Arca Securities
(including the attendant obligations and conditions).\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ The Exchange is currently analyzing the condition regarding
non-public information and system changes in order to better reflect
the operation of Arca Securities.
---------------------------------------------------------------------------
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
Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------
At any time within 60 days of the filing of such 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-2010-82 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-2010-82. 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 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-2010-82 and should be submitted on or before
October 1, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22562 Filed 9-9-10; 8:45 am]
BILLING CODE 8010-01-P
