Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Add Certain Rules to the List of Exchange Rule Violations and Fines Applicable Thereto, 58464-58465 [2010-23911]
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58464
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
Electronic Comments
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
BILLING CODE 8010–01–P
• 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–2010–83 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
srobinson on DSKHWCL6B1PROD with NOTICES
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–23969 Filed 9–23–10; 8:45 am]
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:
All submissions should refer to File
Number SR–NYSEArca–2010–83. 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 inspection and copying 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 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 publicly available. All
submissions should refer to File
Number SR–NYSEArca–2010–83 and
should be submitted on or before
October 15, 2010.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62941; File No. SR–
NYSEAmex–2010–94]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Add Certain Rules to
the List of Exchange Rule Violations
and Fines Applicable Thereto
September 20, 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
September 9, 2010, NYSE Amex LLC
(the ‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 Disciplinary Rule 476A to
add certain rules to Part 1A: List of
Exchange Rule Violations and Fines
Applicable Thereto (‘‘Minor Rule
Violation Plan’’). The text of the
proposed rule change is available on the
Exchange’s Web site at https://
www.nyse.com, at the Exchange’s
principal office, 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
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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16:12 Sep 23, 2010
Jkt 220001
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
1. Purpose
The Exchange proposes to amend
NYSE Amex Disciplinary Rule 476A to
add certain rules to Part 1A of its Minor
Rule Violation Plan to reflect approved
changes to Exchange rules.3
Specifically, in connection with the
Exchange’s process to harmonize certain
Exchange rules with rules of the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), the Exchange
has deleted certain Exchange rules and
replaced them with new rules that have
different rule numbers. The Exchange
proposes this rule filing to add the new
rule references to the Minor Rule
Violation Plan for those rules that have
been added as part of the FINRA
harmonization process. The Exchange
will not delete the old rule references in
the Minor Rule Violation Plan so that
violations of prior Exchange rules that
occurred before the amendments
described below took effect still fall
under the jurisdiction of the Minor Rule
Violation Plan.
In connection with the harmonization
process, the Exchange adopted the
following new NYSE Amex Equities
Rules, which correspond with the samenumbered consolidated FINRA Rules,
and which replaced prior Exchange
rules:
• Rule 2150—NYSE Amex Equities
(Improper Use of Customers’ Securities
or Funds; Prohibition Against
Guarantees and Sharing in Accounts)
replaced old Rules 352(a)–(d)—NYSE
Amex Equities;
• Rule 3130—NYSE Amex Equities
(Annual Certification of Compliance
and Supervisory Processes) replaced, in
relevant part, old Rules 342.30(d)– and
(e)-NYSE Amex Equities and Rule
Interpretation 311(b)(5)—NYSE Amex
Equities;
• Rule 3310—NYSE Amex Equities
(Anti-Money Laundering Compliance
Program) replaced old Rule 445—NYSE
Amex Equities;
• Rule 4110—NYSE Amex Equities
(Capital Compliance) replaced, in
3 The Exchange’s corporate affiliate, New York
Stock Exchange LLC (‘‘NYSE’’), submitted a
companion rule filing proposing corresponding
amendments to NYSE Rule 476A. See SR–NYSE–
2010–66.
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
relevant part, old Rules 312(h)– and
313-NYSE Amex Equities;
• Rule 4521—NYSE Amex Equities
(Notifications, Questionnaires and
Reports) replaced, in relevant part, old
Rule 421—NYSE Amex Equities;
• Rule 4560—NYSE Amex Equities
(Short-Interest Reporting) replaced old
Rules 421(1)– and 421.10–NYSE Amex
Equities; and
• Rule 5190—NYSE Amex Equities
(Notification Requirements for Offering
Participants) replaced old Rule 392—
NYSE Amex Equities.4
These old Rules, or certain provisions
thereof, are subject to the Exchange’s
Minor Rule Violation Plan under NYSE
Amex Disciplinary Rule 476A. At the
time the new Rules were adopted to
replace the old Exchange Rules,
however, they were not added to the
Exchange’s Minor Rule Violation Plan.
The Exchange therefore proposes to
update the Exchange’s Minor Rule
Violation Plan under NYSE Amex
Disciplinary Rule 476A by adding the
new rule references identified above.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with,
and furthers the objectives of, Section
6(b)(5) of the Act,5 in that it is designed
to prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of 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. The proposed rule
change also furthers the objectives of
Section 6(b)(6) of the Act,6 in that it
provides for appropriate discipline for
violations of Exchange rules and
regulations.
The Exchange believes that the
proposed rule change will provide the
Exchange with greater regulatory
flexibility to enforce the prescriptions of
certain rules in a more informal manner
while also preserving the Exchange’s
discretion to seek formal discipline for
srobinson on DSKHWCL6B1PROD with NOTICES
4 See
Securities Exchange Act Release Nos. 59975
(May 26, 2009), 74 FR 26449 (June 2, 2009) (SR–
NYSEAltr–2009–26) (adopting, inter alia, NYSE
Amex Equities Rules 3130, 4560, 5190); 61157
(December 11, 2009), 74 FR 67939 (December 21,
2009) (SR–NYSEAmex–2009–88) (adopting NYSE
Amex Equities Rule 2150); 61272 (December 31,
2009), 75 FR 1099 (January 8, 2010) (SR–
NYSEAmex–2009–99) (adopting NYSE Amex
Equities Rule 3310); 61556 (February 22, 2010), 75
FR 9468 (March 2, 2010) (SR–NYSEAmex–2010–13)
(adopting, inter alia, NYSE Amex Equities Rules
4110, 4521). See also NYSE and NYSE Amex
Information Memoranda 09–24 (June 2, 2009); 10–
09 (February 18, 2010); 10–12 (March 11, 2010).
5 15 U.S.C. 78f(b)(5).
6 15 U.S.C. 78f(b)(6).
VerDate Mar<15>2010
16:12 Sep 23, 2010
Jkt 220001
more serious transgressions as
warranted.
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) of the Act 7 and Rule
19b–4(f)(3) thereunder.8 Because the
proposed rule change is concerned
solely with the administration of the
Exchange, the proposed rule change has
become immediately effective upon
filing pursuant to Section 19(b)(3)(A) of
the Act and Rule 19b–4(f)(3) 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:
• 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–2010–94 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.
8 17
PO 00000
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(3).
Frm 00119
Fmt 4703
All submissions should refer to File
Number SR–NYSEAmex–2010–94. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of
10 a.m. and 3 p.m. Copies of the filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEAmex–2010–94 and should be
submitted on or before October 15,
2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–23911 Filed 9–23–10; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
Electronic Comments
7 15
58465
[Public Notice: 7163]
U.S. Department of State Advisory
Committee on Private International
Law: Notice of Annual Meeting
The Department of State’s Advisory
Committee on Private International Law
(ACPIL) will hold its annual meeting on
developments in private international
law on Thursday, October 28 and
Friday, October 29, 2010 in Washington,
DC. The meeting will be held at the
Gewirz Student Center, Georgetown
University Law Center, 600 New Jersey
Avenue, NW., Washington, DC 20001.
9 17
Sfmt 4703
E:\FR\FM\24SEN1.SGM
CFR 200.30–3(a)(12); 200.30–3(a)(44).
24SEN1
]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58464-58465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23911]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62941; File No. SR-NYSEAmex-2010-94]
Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Add Certain
Rules to the List of Exchange Rule Violations and Fines Applicable
Thereto
September 20, 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 September 9, 2010, NYSE Amex LLC (the ``Exchange'' or ``NYSE
Amex'') 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 Disciplinary Rule 476A to
add certain rules to Part 1A: List of Exchange Rule Violations and
Fines Applicable Thereto (``Minor Rule Violation Plan''). The text of
the proposed rule change is available on the Exchange's Web site at
https://www.nyse.com, at the Exchange's principal office, 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend NYSE Amex Disciplinary Rule 476A to
add certain rules to Part 1A of its Minor Rule Violation Plan to
reflect approved changes to Exchange rules.\3\ Specifically, in
connection with the Exchange's process to harmonize certain Exchange
rules with rules of the Financial Industry Regulatory Authority, Inc.
(``FINRA''), the Exchange has deleted certain Exchange rules and
replaced them with new rules that have different rule numbers. The
Exchange proposes this rule filing to add the new rule references to
the Minor Rule Violation Plan for those rules that have been added as
part of the FINRA harmonization process. The Exchange will not delete
the old rule references in the Minor Rule Violation Plan so that
violations of prior Exchange rules that occurred before the amendments
described below took effect still fall under the jurisdiction of the
Minor Rule Violation Plan.
---------------------------------------------------------------------------
\3\ The Exchange's corporate affiliate, New York Stock Exchange
LLC (``NYSE''), submitted a companion rule filing proposing
corresponding amendments to NYSE Rule 476A. See SR-NYSE-2010-66.
---------------------------------------------------------------------------
In connection with the harmonization process, the Exchange adopted
the following new NYSE Amex Equities Rules, which correspond with the
same-numbered consolidated FINRA Rules, and which replaced prior
Exchange rules:
Rule 2150--NYSE Amex Equities (Improper Use of Customers'
Securities or Funds; Prohibition Against Guarantees and Sharing in
Accounts) replaced old Rules 352(a)-(d)--NYSE Amex Equities;
Rule 3130--NYSE Amex Equities (Annual Certification of
Compliance and Supervisory Processes) replaced, in relevant part, old
Rules 342.30(d)- and (e)-NYSE Amex Equities and Rule Interpretation
311(b)(5)--NYSE Amex Equities;
Rule 3310--NYSE Amex Equities (Anti-Money Laundering
Compliance Program) replaced old Rule 445--NYSE Amex Equities;
Rule 4110--NYSE Amex Equities (Capital Compliance)
replaced, in
[[Page 58465]]
relevant part, old Rules 312(h)- and 313-NYSE Amex Equities;
Rule 4521--NYSE Amex Equities (Notifications,
Questionnaires and Reports) replaced, in relevant part, old Rule 421--
NYSE Amex Equities;
Rule 4560--NYSE Amex Equities (Short-Interest Reporting)
replaced old Rules 421(1)- and 421.10-NYSE Amex Equities; and
Rule 5190--NYSE Amex Equities (Notification Requirements
for Offering Participants) replaced old Rule 392--NYSE Amex
Equities.\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 59975 (May 26,
2009), 74 FR 26449 (June 2, 2009) (SR-NYSEAltr-2009-26) (adopting,
inter alia, NYSE Amex Equities Rules 3130, 4560, 5190); 61157
(December 11, 2009), 74 FR 67939 (December 21, 2009) (SR-NYSEAmex-
2009-88) (adopting NYSE Amex Equities Rule 2150); 61272 (December
31, 2009), 75 FR 1099 (January 8, 2010) (SR-NYSEAmex-2009-99)
(adopting NYSE Amex Equities Rule 3310); 61556 (February 22, 2010),
75 FR 9468 (March 2, 2010) (SR-NYSEAmex-2010-13) (adopting, inter
alia, NYSE Amex Equities Rules 4110, 4521). See also NYSE and NYSE
Amex Information Memoranda 09-24 (June 2, 2009); 10-09 (February 18,
2010); 10-12 (March 11, 2010).
---------------------------------------------------------------------------
These old Rules, or certain provisions thereof, are subject to the
Exchange's Minor Rule Violation Plan under NYSE Amex Disciplinary Rule
476A. At the time the new Rules were adopted to replace the old
Exchange Rules, however, they were not added to the Exchange's Minor
Rule Violation Plan. The Exchange therefore proposes to update the
Exchange's Minor Rule Violation Plan under NYSE Amex Disciplinary Rule
476A by adding the new rule references identified above.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with, and furthers the objectives of, Section 6(b)(5) of the Act,\5\ in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of 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. The proposed rule change also furthers the objectives
of Section 6(b)(6) of the Act,\6\ in that it provides for appropriate
discipline for violations of Exchange rules and regulations.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b)(5).
\6\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change will provide
the Exchange with greater regulatory flexibility to enforce the
prescriptions of certain rules in a more informal manner while also
preserving the Exchange's discretion to seek formal discipline for more
serious transgressions as warranted.
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) of the Act \7\ and Rule 19b-4(f)(3) thereunder.\8\ Because
the proposed rule change is concerned solely with the administration of
the Exchange, the proposed rule change has become immediately effective
upon filing pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(3) thereunder.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
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-2010-94 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-2010-94. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEAmex-2010-94 and should be submitted on or before October 15, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12); 200.30-3(a)(44).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-23911 Filed 9-23-10; 8:45 am]
BILLING CODE 8010-01-P
