Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Fee Schedule, 55624-55625 [2010-22702]

Download as PDF 55624 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Notices A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62843; File No. SR– NYSEArca–2010–81] 1. Purpose Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Fee Schedule September 3, 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 Arca, Inc. (‘‘NYSEARCA’’ 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 the NYSE Arca Equities, Inc. Schedule of Fees and Charges for Exchange Services (the ‘‘Schedule’’). While changes to the Schedule pursuant to this proposal will be effective on filing, the changes will become operative on September 1, 2010. The text of the proposed rule change is available at the Exchange, the Commission’s Public Reference Room, and https://www.nyse.com. mstockstill on DSKB9S0YB1PROD with NOTICES 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. U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 17:21 Sep 10, 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) 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). 1 15 VerDate Mar<15>2010 Effective September 1, 2010, the Exchange proposes to amend the Schedule to modify the fees it charges for all market at-the-close (‘‘MOC’’) and limit at-the-close (‘‘LOC’’) orders executed in the NYSE Arca Equities, Inc. closing auction. At each applicable point in the Schedule, the per share fee will increase from $0.0007 to $0.0010 for MOC and LOC orders executed in the closing auction. 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 In addition, for each rate level, there will be an increase in the per share fee from $0.0007 to $0.00085 for PO and PO+ Orders that are (a) in the case of Tape A securities, routed to the New York Stock Exchange LLC (‘‘NYSE’’) and execute in the opening or closing auction, or (b) in the case of Tape B securities, routed to NYSE Amex and execute in the opening or closing auction. Also, for each rate level, the Exchange proposes to charge a per share fee of $0.0010 for PO and PO+ Orders in Tape C securities that are routed to NASDAQ and execute in the opening or closing auction. The Exchange is eliminating from the Schedule the current fee applicable to Tape B securities for orders executed in the Opening or Market Order Auction in NYSE Arca primary listed securities. Finally, for both Tape A and Tape C securities under Tier 1 rates, the fee for taking liquidity from the book will be increased from $0.0029 to $0.0030 per share, and the same fee increase will be applicable for orders in Tape A and Tape C securities routed to any away market centers other than the NYSE. The Tier 1 rebate for adding liquidity in Tape A and Tape C securities will remain unchanged at $0.0030 per share, so the foregoing change will represent a move to flat pricing. Jkt 220001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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, 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. 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 subparagraph (f)(2) of Rule 19b–4 8 thereunder, because it establishes a due, fee, or other charge imposed by the NYSE Arca. 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: 6 15 U.S.C. 78f(b)(4). U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b–4(f)(2). 7 15 E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Notices Electronic Comments SOCIAL SECURITY ADMINISTRATION • 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–2010–81 on the subject line. [Docket No. SSA–2010–0058] Paper Comments AGENCY: Social Security Administration (SSA). Notice of upcoming panel teleconference meeting. ACTION: September 29, 2010, 10 p.m.–12 p.m. (EDT). Call-in number: (866) 283– 9791, Conference ID: 1482323, Leader/ Host: Debra Tidwell-Peters. SUPPLEMENTARY INFORMATION: Type of meeting: The teleconference All submissions should refer to File meeting is open to the public. Number SR–NYSEArca–2010–81. This Purpose: This discretionary Panel, file number should be included on the established under the Federal Advisory subject line if e-mail is used. To help the Committee Act of 1972, as amended, Commission process and review your will report to the Commissioner of comments more efficiently, please use Social Security. The Panel will provide only one method. The Commission will independent advice and post all comments on the Commission’s recommendations on plans and Internet Web site (https://www.sec.gov/ activities to replace the Dictionary of rules/sro.shtml). Copies of the Occupational Titles used in the Social submission, all subsequent Security Administration’s (SSA) amendments, all written statements disability determination process. The with respect to the proposed rule Panel will advise the Agency on change that are filed with the creating an occupational information Commission, and all written system tailored specifically for SSA’s communications relating to the disability programs and adjudicative proposed rule change between the needs. The Panel’s advice and Commission and any person, other than recommendations will relate to SSA’s those that may be withheld from the disability programs in the following public in accordance with the areas: Medical and vocational analysis provisions of 5 U.S.C. 552, will be of disability claims; occupational available for Web site viewing and analysis, including definitions, ratings printing in the Commission’s Public and capture of physical and mental/ Reference Room, 100 F Street, NE., cognitive demands of work and other Washington, DC 20549, on official occupational information critical to SSA business days between the hours of 10 disability programs; data collection; use a.m. and 3 p.m. Copies of the filing also of occupational information in SSA’s will be available for inspection and disability programs; and any other copying at the principal office of the area(s) that would enable SSA to 9 All comments received will Exchange. develop an occupational information be posted without change; the system suited to its disability programs Commission does not edit personal and would improve the medicalidentifying information from vocational adjudication policies and submissions. You should submit only processes. information that you wish to make Agenda: The Designated Federal available publicly. All submissions Officer will post the meeting agenda on should refer to File Number SR– the Internet at https://www.ssa.gov/ NYSEArca–2010–81 and should be oidap/meeting_information.htm at least submitted on or before October 4, 2010. one week prior to the start date. You can For the Commission, by the Division of also receive a copy electronically by eTrading and Markets, pursuant to delegated mail or by fax, upon request. SSA will authority.10 keep records of all proceedings and make them available for public Florence E. Harmon, inspection by appointment at the Deputy Secretary. Panel’s office. [FR Doc. 2010–22702 Filed 9–10–10; 8:45 am] Contact Information: Anyone BILLING CODE 8010–01–P requiring information regarding the Panel should contact the Panel staff by 9 The text of the proposed rule change is available any one of these three methods: on the Commission’s Web site at https:// • Mail: Occupational Information www.sec.gov. 10 17 CFR 200.30–3(a)(12). Development Advisory Panel, Social • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. mstockstill on DSKB9S0YB1PROD with NOTICES Occupational Information Development Advisory Panel Meeting VerDate Mar<15>2010 17:21 Sep 10, 2010 Jkt 220001 55625 Security Administration, 6401 Security Boulevard, Operations Building, 3–E– 26, Baltimore, MD 21235. • Fax: (410) 597–0825. • E-mail: OIDAP@ssa.gov. Deborah Tidwell, Designated Federal Officer. [FR Doc. 2010–22711 Filed 9–10–10; 8:45 am] BILLING CODE 4191–02–P DATES: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF STATE [Public Notice: 7156] 30–Day Notice of Proposed Information Collection: Form DS–1622, DS–1843, DS–1622P, and DS–1843P: Medical History and Examination for Foreign Service, OMB 1405–0068 Notice of request for public comments. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: Medical History and Examination for Foreign Service . • OMB Control Number: 1405–0068. • Type of Request: Revision of Currently Approved Collection. • Originating Office: Office of Medical Services, M/MED/C/MC. • Form Number: DS–1622, DS–1843, DS–1622P, and DS–1843P. • Respondents: Foreign Service Officers, State Department Employees, Other Government Employees and Family Members. • Estimated Number of Respondents: 7,500 per year. • Estimated Number of Responses 7,500 per year. • Average Hours per Response: 1.0 hours per response. • Total Estimated Burden: 7,500 hours. • Frequency: On occasion. • Obligation to Respond: Mandatory. DATES: Submit comments to the Office of Management and Budget (OMB) for up to 30 days from August 30, 2010. ADDRESSES: You may submit comments by any of the following methods: • E-mail: silligsp@state.gov. You must include the DS form number, information collection title, and OMB control number in the subject line of your message. SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)]
[Notices]
[Pages 55624-55625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22702]



[[Page 55624]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62843; File No. SR-NYSEArca-2010-81]


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

September 3, 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 Arca, Inc. (``NYSEARCA'' 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 the NYSE Arca Equities, Inc. 
Schedule of Fees and Charges for Exchange Services (the ``Schedule''). 
While changes to the Schedule pursuant to this proposal will be 
effective on filing, the changes will become operative on September 1, 
2010. 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 
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    Effective September 1, 2010, the Exchange proposes to amend the 
Schedule to modify the fees it charges for all market at-the-close 
(``MOC'') and limit at-the-close (``LOC'') orders executed in the NYSE 
Arca Equities, Inc. closing auction. At each applicable point in the 
Schedule, the per share fee will increase from $0.0007 to $0.0010 for 
MOC and LOC orders executed in the closing auction. 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).
---------------------------------------------------------------------------

    In addition, for each rate level, there will be an increase in the 
per share fee from $0.0007 to $0.00085 for PO and PO+ Orders that are 
(a) in the case of Tape A securities, routed to the New York Stock 
Exchange LLC (``NYSE'') and execute in the opening or closing auction, 
or (b) in the case of Tape B securities, routed to NYSE Amex and 
execute in the opening or closing auction. Also, for each rate level, 
the Exchange proposes to charge a per share fee of $0.0010 for PO and 
PO+ Orders in Tape C securities that are routed to NASDAQ and execute 
in the opening or closing auction.
    The Exchange is eliminating from the Schedule the current fee 
applicable to Tape B securities for orders executed in the Opening or 
Market Order Auction in NYSE Arca primary listed securities.
    Finally, for both Tape A and Tape C securities under Tier 1 rates, 
the fee for taking liquidity from the book will be increased from 
$0.0029 to $0.0030 per share, and the same fee increase will be 
applicable for orders in Tape A and Tape C securities routed to any 
away market centers other than the NYSE. The Tier 1 rebate for adding 
liquidity in Tape A and Tape C securities will remain unchanged at 
$0.0030 per share, so the foregoing change will represent a move to 
flat pricing.
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, 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 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) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge 
imposed by the NYSE Arca.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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:

[[Page 55625]]

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-2010-81 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-2010-81. 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.\9\ 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-2010-81 and should be submitted on or before October 4, 2010.
---------------------------------------------------------------------------

    \9\ The text of the proposed rule change is available on the 
Commission's Web site at https://www.sec.gov.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22702 Filed 9-10-10; 8:45 am]
BILLING CODE 8010-01-P
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