Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Program That Allows Nasdaq Stock Market Securities To Be Traded on the Exchange Pursuant to UTP, 55837-55838 [2010-22859]
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices
SECURITIES AND EXCHANGE
COMMISSION
of the most significant parts of such
statements.
[Release No. 34–62857; File No. SR–
NYSEAmex-2010–89]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Program That Allows Nasdaq Stock
Market Securities To Be Traded on the
Exchange Pursuant to UTP
September 7, 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
27, 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 Exchange. 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
NYSE Amex Equities Rule 500 to extend
the operation of the pilot program that
allows Nasdaq Stock Market (‘‘Nasdaq’’)
securities to be traded on the Exchange
pursuant to a grant of unlisted trading
privileges. The pilot is currently
scheduled to expire on September 30,
2010; the Exchange proposes to extend
it until the earlier of Commission
approval to make such pilot permanent
or January 31, 2011. The text of the
proposed rule change is available at the
Exchange’s principal office, the
Commission’s Public Reference Room,
the Commission’s Web site (https://
www.sec.gov), and https://
www.nyse.com.
jlentini on DSKJ8SOYB1PROD 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,
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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16:38 Sep 13, 2010
Jkt 220001
1. Purpose
NYSE Amex Equities Rules 500–525,
as a pilot program, govern the trading of
any Nasdaq-listed security on the
Exchange pursuant to unlisted trading
privileges (‘‘UTP Pilot Program’’).3 The
Exchange hereby seeks to extend the
operation of the UTP Pilot Program,
currently scheduled to expire on
September 30, 2010, until the earlier of
Commission approval to make such
pilot permanent or January 31, 2011.
The UTP Pilot Program includes any
security listed on Nasdaq that (i) is
designated as an ‘‘eligible security’’
under the Joint Self-Regulatory
Organization Plan Governing the
Collection, Consolidation and
Dissemination of Quotation and
Transaction Information for NasdaqListed Securities Traded on Exchanges
on an Unlisted Trading Privilege Basis,
as amended (‘‘UTP Plan’’),4 and (ii) has
been admitted to dealings on the
Exchange pursuant to a grant of unlisted
trading privileges in accordance with
Section 12(f) of the Securities Exchange
Act of 1934, as amended (the ‘‘Act’’),5
(collectively, ‘‘Nasdaq Securities’’).6
The Exchange notes that its New
Market Model Pilot (‘‘NMM Pilot’’),
which, among other things, eliminated
the function of specialists on the
Exchange and created a new category of
market participant, the Designated
3 See Securities Exchange Act Release No. 62479
(July 9, 2010), 75 FR 41264 (July 15, 2010) (SR–
NYSEAmex-2010–31) (Notice of Filing of
Amendment Nos. 2 and 3, and Order Granting
Accelerated Approval to a Proposed Rule Change,
as Modified by Amendment Nos. 1, 2, and 3
Thereto, To Adopt as a Pilot Program a New Rule
Series for the Trading of Securities Listed on the
Nasdaq Stock Market Pursuant to Unlisted Trading
Privileges).
4 See Securities Exchange Act Release No. 58863
(October 27, 2008), 73 FR 65417 (November 3, 2008)
(Notice of filing and immediate effectiveness of
Amendment No. 20 to the UTP Plan). The
Exchange’s predecessor, the American Stock
Exchange LLC, joined the UTP Plan in 2001. See
Securities Exchange Act Release No. 55647 (April
19, 2007), 72 FR 2091 (April 27, 2007) (S7–24–89).
In March 2009, the Exchange changed its name to
NYSE Amex LLC. See Securities Exchange Act
Release No. 59575 (March 13, 2009), 74 FR 11803
(March 19, 2009) (SR–NYSEALTR–2009–24).
5 15 U.S.C. 78l.
6 ‘‘Nasdaq Securities’’ is included within the
definition of ‘‘security’’ as that term is used in the
NYSE Amex Equities Rules. See NYSE Amex
Equities Rule 3. In accordance with this definition,
Nasdaq Securities are admitted to dealings on the
Exchange on an ‘‘issued,’’ ‘‘when issued,’’ or ‘‘when
distributed’’ basis. See NYSE Amex Equities Rule
501.
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
55837
Market Maker (‘‘DMM’’),7 is also
scheduled to end on September 30,
2010.8 The timing of the operation of
the UTP Pilot Program was designed to
correspond to that of the NMM Pilot. In
approving the UTP Pilot Program, the
Commission acknowledged that the
rules relating to DMM benefits and
duties in trading Nasdaq Securities on
the Exchange pursuant to the UTP Pilot
Program are consistent with the Act 9
and noted the similarity to the NMM
Pilot, particularly with respect to DMM
obligations and benefits.10 Furthermore,
the UTP Pilot Program rules pertaining
to the assignment of securities to DMMs
are substantially similar to the rules
implemented through the NMM Pilot.11
The Exchange has similarly filed to
extend the operation of the NMM Pilot
until the earlier of Commission approval
to make the NMM Pilot permanent or
January 31, 2011.12
Extension of the UTP Pilot Program in
tandem with the NMM Pilot, both from
September 30, 2010 until the earlier of
Commission approval to make such
pilots permanent or January 31, 2011,
will provide for the uninterrupted
trading of Nasdaq Securities on the
Exchange on a UTP basis and thus
continue to encourage the additional
utilization of, and interaction with, the
NYSE Amex Equities market, and
provide market participants with
improved price discovery, increased
liquidity, more competitive quotes and
greater price improvement for Nasdaq
Securities.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange. In particular, the Exchange
believes that its proposal is consistent
with (i) Section 6(b) of the Act,13 in
general, and furthers the objectives of
Section 6(b)(5) of the Act,14 in
particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to remove
7 See
NYSE Amex Equities Rule 103.
Securities Exchange Act Release No 60758
(October 1, 2009), 74 FR 51639 (October 7, 2009)
(SR–NYSEAmex-2009–65). See also Securities
Exchange Act Release No. 61030 (November 19,
2009), 74 FR 62365 (November 27, 2009) (SR–
NYSEAmex-2009–83). See also Securities Exchange
Act Release No. 61725 (March 17, 2010), 75 FR
14223 (March 24, 2010) (SR–NYSEAmex-2010–28).
9 15 U.S.C. 78.
10 See supra note 1 [sic], at 41271.
11 Id.
12 See SR–NYSEAmex-2010–86.
13 15 U.S.C. 78f(b).
14 15 U.S.C. 78f(b)(5).
8 See
E:\FR\FM\14SEN1.SGM
14SEN1
55838
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices
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; (ii) Section 11A(a)(1) of
the Act,15 in that it seeks to ensure the
economically efficient execution of
securities transactions and fair
competition among brokers and dealers
and among exchange markets; and (iii)
Section 12(f) of the Act,16 which
governs the trading of securities
pursuant to UTP consistent with the
maintenance of fair and orderly markets,
the protection of investors and the
public interest, and the impact of
extending the existing markets for such
securities. Under the UTP Pilot Program
Nasdaq Securities trade on the Exchange
pursuant to rules governing the trading
of Exchange-Listed securities that
previously have been approved by the
Commission. NYSE Amex made certain
minor modifications to the operation of
these rules, and added certain new
rules, to accommodate the trading of
Nasdaq Securities on a UTP basis; the
Commission also approved all of these
modifications and additions.
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.
jlentini on DSKJ8SOYB1PROD with 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 Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 17 and Rule
19b–4(f)(6) thereunder.18 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
15 15
U.S.C. 78k-1(a)(1).
U.S.C. 78l(f).
17 15 U.S.C. 78s(b)(3)(A)(iii).
18 17 CFR 240.19b–4(f)(6).
16 15
VerDate Mar<15>2010
16:38 Sep 13, 2010
Jkt 220001
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
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–2010–89 on
the subject line.
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSEAmex–2010–89 and
should be submitted on or before
October 5, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–22859 Filed 9–13–10; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62858; File No. SR–BATS–
2010–023]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
September 7, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
Paper Comments
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
• Send paper comments in triplicate
30, 2010, BATS Exchange, Inc. (‘‘BATS’’
to Elizabeth M. Murphy, Secretary,
or ‘‘Exchange’’) filed with the Securities
Securities and Exchange Commission,
and Exchange Commission
100 F Street, NE., Washington, DC
(‘‘Commission’’) the proposed rule
20549–1090.
change as described in Items I, II, and
All submissions should refer to File
Number SR–NYSEAmex–2010–89. This III below, which Items have been
prepared by the Exchange. BATS has
file number should be included on the
subject line if e-mail is used. To help the designated the proposed rule change as
one establishing or changing a member
Commission process and review your
due, fee, or other charge imposed by the
comments more efficiently, please use
only one method. The Commission will Exchange under Section 19(b)(3)(A)(ii)
3
post all comments on the Commission’s of the Act and Rule 19b–4(f)(2)
thereunder,4 which renders the
Internet website (https://www.sec.gov/
proposed rule change effective upon
rules/sro.shtml). Copies of the
filing with the Commission. The
submission, all subsequent
Commission is publishing this notice to
amendments, all written statements
solicit comments on the proposed rule
with respect to the proposed rule
change from interested persons.
change that are filed with the
Commission, and all written
I. Self-Regulatory Organization’s
communications relating to the
Statement of the Terms of Substance of
proposed rule change between the
the Proposed Rule Change
Commission and any person, other than
The Exchange proposes to modify its
those that may be withheld from the
fee schedule applicable to Members 5 of
public in accordance with the
the Exchange pursuant to BATS Rules
provisions of 5 U.S.C. 552, will be
15.1(a) and (c). While changes to the fee
available for website viewing and
schedule pursuant to this proposal will
printing in the Commission’s Public
be effective upon filing, the changes will
Reference Room, on official business
become operative on September 1, 2010.
days between the hours of 10 a.m. and
3 p.m. Copies of the filing also will be
19 17 CFR 200.30–3(a)(12).
available for inspection and copying at
1 15 U.S.C. 78s(b)(1).
the principal office of the Exchange. All
2 17 CFR 240.19b–4.
comments received will be posted
3 15 U.S.C. 78s(b)(3)(A)(ii).
without change; the Commission does
4 17 CFR 240.19b–4(f)(2).
not edit personal identifying
5 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
information from submissions. You
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55837-55838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22859]
[[Page 55837]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62857; File No. SR-NYSEAmex-2010-89]
Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot
Program That Allows Nasdaq Stock Market Securities To Be Traded on the
Exchange Pursuant to UTP
September 7, 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 27, 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 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 NYSE Amex Equities Rule 500 to
extend the operation of the pilot program that allows Nasdaq Stock
Market (``Nasdaq'') securities to be traded on the Exchange pursuant to
a grant of unlisted trading privileges. The pilot is currently
scheduled to expire on September 30, 2010; the Exchange proposes to
extend it until the earlier of Commission approval to make such pilot
permanent or January 31, 2011. The text of the proposed rule change is
available at the Exchange's principal office, the Commission's Public
Reference Room, the Commission's Web site (https://www.sec.gov), 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
NYSE Amex Equities Rules 500-525, as a pilot program, govern the
trading of any Nasdaq-listed security on the Exchange pursuant to
unlisted trading privileges (``UTP Pilot Program'').\3\ The Exchange
hereby seeks to extend the operation of the UTP Pilot Program,
currently scheduled to expire on September 30, 2010, until the earlier
of Commission approval to make such pilot permanent or January 31,
2011.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 62479 (July 9,
2010), 75 FR 41264 (July 15, 2010) (SR-NYSEAmex-2010-31) (Notice of
Filing of Amendment Nos. 2 and 3, and Order Granting Accelerated
Approval to a Proposed Rule Change, as Modified by Amendment Nos. 1,
2, and 3 Thereto, To Adopt as a Pilot Program a New Rule Series for
the Trading of Securities Listed on the Nasdaq Stock Market Pursuant
to Unlisted Trading Privileges).
---------------------------------------------------------------------------
The UTP Pilot Program includes any security listed on Nasdaq that
(i) is designated as an ``eligible security'' under the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privilege
Basis, as amended (``UTP Plan''),\4\ and (ii) has been admitted to
dealings on the Exchange pursuant to a grant of unlisted trading
privileges in accordance with Section 12(f) of the Securities Exchange
Act of 1934, as amended (the ``Act''),\5\ (collectively, ``Nasdaq
Securities'').\6\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 58863 (October 27,
2008), 73 FR 65417 (November 3, 2008) (Notice of filing and
immediate effectiveness of Amendment No. 20 to the UTP Plan). The
Exchange's predecessor, the American Stock Exchange LLC, joined the
UTP Plan in 2001. See Securities Exchange Act Release No. 55647
(April 19, 2007), 72 FR 2091 (April 27, 2007) (S7-24-89). In March
2009, the Exchange changed its name to NYSE Amex LLC. See Securities
Exchange Act Release No. 59575 (March 13, 2009), 74 FR 11803 (March
19, 2009) (SR-NYSEALTR-2009-24).
\5\ 15 U.S.C. 78l.
\6\ ``Nasdaq Securities'' is included within the definition of
``security'' as that term is used in the NYSE Amex Equities Rules.
See NYSE Amex Equities Rule 3. In accordance with this definition,
Nasdaq Securities are admitted to dealings on the Exchange on an
``issued,'' ``when issued,'' or ``when distributed'' basis. See NYSE
Amex Equities Rule 501.
---------------------------------------------------------------------------
The Exchange notes that its New Market Model Pilot (``NMM Pilot''),
which, among other things, eliminated the function of specialists on
the Exchange and created a new category of market participant, the
Designated Market Maker (``DMM''),\7\ is also scheduled to end on
September 30, 2010.\8\ The timing of the operation of the UTP Pilot
Program was designed to correspond to that of the NMM Pilot. In
approving the UTP Pilot Program, the Commission acknowledged that the
rules relating to DMM benefits and duties in trading Nasdaq Securities
on the Exchange pursuant to the UTP Pilot Program are consistent with
the Act \9\ and noted the similarity to the NMM Pilot, particularly
with respect to DMM obligations and benefits.\10\ Furthermore, the UTP
Pilot Program rules pertaining to the assignment of securities to DMMs
are substantially similar to the rules implemented through the NMM
Pilot.\11\ The Exchange has similarly filed to extend the operation of
the NMM Pilot until the earlier of Commission approval to make the NMM
Pilot permanent or January 31, 2011.\12\
---------------------------------------------------------------------------
\7\ See NYSE Amex Equities Rule 103.
\8\ See Securities Exchange Act Release No 60758 (October 1,
2009), 74 FR 51639 (October 7, 2009) (SR-NYSEAmex-2009-65). See also
Securities Exchange Act Release No. 61030 (November 19, 2009), 74 FR
62365 (November 27, 2009) (SR-NYSEAmex-2009-83). See also Securities
Exchange Act Release No. 61725 (March 17, 2010), 75 FR 14223 (March
24, 2010) (SR-NYSEAmex-2010-28).
\9\ 15 U.S.C. 78.
\10\ See supra note 1 [sic], at 41271.
\11\ Id.
\12\ See SR-NYSEAmex-2010-86.
---------------------------------------------------------------------------
Extension of the UTP Pilot Program in tandem with the NMM Pilot,
both from September 30, 2010 until the earlier of Commission approval
to make such pilots permanent or January 31, 2011, will provide for the
uninterrupted trading of Nasdaq Securities on the Exchange on a UTP
basis and thus continue to encourage the additional utilization of, and
interaction with, the NYSE Amex Equities market, and provide market
participants with improved price discovery, increased liquidity, more
competitive quotes and greater price improvement for Nasdaq Securities.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange. In particular,
the Exchange believes that its proposal is consistent with (i) Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove
[[Page 55838]]
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; (ii) Section 11A(a)(1) of the Act,\15\ in that it
seeks to ensure the economically efficient execution of securities
transactions and fair competition among brokers and dealers and among
exchange markets; and (iii) Section 12(f) of the Act,\16\ which governs
the trading of securities pursuant to UTP consistent with the
maintenance of fair and orderly markets, the protection of investors
and the public interest, and the impact of extending the existing
markets for such securities. Under the UTP Pilot Program Nasdaq
Securities trade on the Exchange pursuant to rules governing the
trading of Exchange-Listed securities that previously have been
approved by the Commission. NYSE Amex made certain minor modifications
to the operation of these rules, and added certain new rules, to
accommodate the trading of Nasdaq Securities on a UTP basis; the
Commission also approved all of these modifications and additions.
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78f(b).
\14\ 15 U.S.C. 78f(b)(5).
\15\ 15 U.S.C. 78k-1(a)(1).
\16\ 15 U.S.C. 78l(f).
---------------------------------------------------------------------------
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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(3)(A)(iii).
\18\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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-2010-89 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-2010-89. 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 website (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, 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-NYSEAmex-2010-89 and should be submitted on or before
October 5, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------
\19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-22859 Filed 9-13-10; 8:45 am]
BILLING CODE 8010-01-P
