Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To Amend the Exchange Price List, 63232-63233 [2010-25747]
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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
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 No. SR–Phlx–2010–
136 and should be submitted on or
before November 4, 2010.
volume requirement. The amended
pricing will take effect on October 1,
2010. The text of the proposed rule
change is available at the Exchange, at
https://www.nyse.com, at the
Commission’s Public Reference Room,
and on the Commission’s Web site at
https://www.sec.gov.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2010–25820 Filed 10–13–10; 8:45 am]
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–Phlx–2010–136 on the
subject line.
jlentini on DSKJ8SOYB1PROD with NOTICES
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:
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by New York
Stock Exchange LLC To Amend the
Exchange Price List
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63057; File No. SR–NYSE–
2010–70]
October 6, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
Paper Comments
notice is hereby given that, on
• Send paper comments in triplicate
September 30, 2010, New York Stock
to Elizabeth M. Murphy, Secretary,
Exchange LLC (‘‘NYSE’’ or the
Securities and Exchange Commission,
‘‘Exchange’’) filed with the Securities
100 F Street NE., Washington, DC
and Exchange Commission (the
20549–1090.
‘‘Commission’’) the proposed rule
All submissions should refer to File
change as described in Items I and II
Number SR–Phlx–2010–136. This file
below, which Items have been prepared
number should be included on the
subject line if e-mail is used. To help the by the self-regulatory organization. The
Commission is publishing this notice to
Commission process and review your
solicit comments on the proposed rule
comments more efficiently, please use
only one method. The Commission will change from interested persons.
post all comments on the Commission’s I. Self-Regulatory Organization’s
Internet Web site (https://www.sec.gov/
Statement of the Terms of Substance of
rules/sro/shtml). Copies of the
the Proposed Rule Change
submission, all subsequent
The Exchange proposes to amend its
amendments, all written statements
2010 Price List to assess monthly fees
with respect to the proposed rule
for the use of all ports that provide
change that are filed with the
connectivity to its equity trading
Commission, and all written
systems. The monthly fee for ports will
communications relating to the
be $100 per pair per month up to five
proposed rule change between the
pairs, then $500 for each additional five
Commission and any person, other than pairs. In its table of credits applicable to
those that may be withheld from the
Supplemental Liquidity Providers
public in accordance with the
(‘‘SLPs’’), the Exchange is modifying
provisions of 5 U.S.C. 552, will be
language referencing the SLP quoting
available for Web site viewing and
requirement to reflect a recent rule filing
printing in the Commission’s Public
that changed the standard from 3% to
Reference Room, 100 F Street, NE.,
10% of the regular trading day in any
Washington, DC 20549, on official
calendar month in order to receive a
business days between the hours of 10
financial rebate and also added a
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
8 17 CFR 200.30–3(a)(12).
copying at the principal office of the
1 15 U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
Exchange. All comments received will
3 17 CFR 240.19b–4.
be posted without change; the
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16:30 Oct 13, 2010
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In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
2010 Price List to assess monthly fees
for the use of all ports that provide
connectivity to its equity trading
systems. A number of other markets
already charge such fees, but the
Exchange has not previously done so.
The level of activity with respect to a
particular port will not affect the
assessment of monthly fees, so even if
a particular port that is available to a
participant is not used, the participant
will still be billed for that port. The
monthly fee for ports will be $100 per
pair per month up to five pairs, then
$500 for each additional five pairs. For
example, the fee for seven pairs of ports
will be $1,000 per month. Billing for
ports will be based on the number of
ports on the third business day prior to
the end of the month.
In its table of credits applicable to
SLPs, the Exchange is modifying
language referencing the SLP quoting
requirement to reflect a recent rule filing
that changed the standard from 3% to
10% of the regular trading day in any
calendar month in order to receive a
financial rebate and also added a
volume requirement.4
These changes are intended to be
effective immediately for all
transactions beginning October 1, 2010.
4 See Securities Exchange Act Release No. 62791
(August 30, 2010), 75 FR 54411 (September 7, 2010)
(File No. SR–NYSE–2010–60).
E:\FR\FM\14OCN1.SGM
14OCN1
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices
2. Statutory Basis
Electronic Comments
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.
• 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–NYSE–2010–70 on the
subject line.
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 on its
members by the NYSE.
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.
jlentini on DSKJ8SOYB1PROD with NOTICES
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:
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(2).
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63056; File No. SR–
NYSEArca–2010–87]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Fee
Schedule
October 6, 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
September 30, 2010, NYSE Arca, Inc.
All submissions should refer to File
(‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed
Number SR–NYSE–2010–70. This file
with the Securities and Exchange
number should be included on the
subject line if e-mail is used. To help the Commission (the ‘‘Commission’’) the
proposed rule change as described in
Commission process and review your
Items I and II below, which Items have
comments more efficiently, please use
been prepared by the self-regulatory
only one method. The Commission will
organization. The Commission is
post all comments on the Commission’s
publishing this notice to solicit
Web site (https://www.sec.gov/rules/
comments on the proposed rule change
sro.shtml). Copies of the submission, all from interested persons.
subsequent amendments, all written
statements with respect to the proposed I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
rule change that are filed with the
the Proposed Rule Change
Commission, and all written
communications relating to the
The Exchange through its whollyproposed rule change between the
owned subsidiary NYSE Arca Equities,
Commission and any person, other than Inc. (‘‘NYSE Arca Equities’’) proposes to
those that may be withheld from the
amend the NYSE Arca Equities
public in accordance with the
Schedule of Fees and Charges for
provisions of 5 U.S.C. 552, will be
Exchange Services (the ‘‘Schedule’’).
available for Web site viewing and
While changes to the Schedule pursuant
printing in the Commission’s Public
to this proposal will be effective on
Reference Room, 100 F Street, NE.,
filing, the changes will become
Washington, DC 20549, on official
operative on October 1, 2010. The text
of the proposed rule change is available
business days between the hours of
at the Exchange, the Commission’s
10 a.m. and 3 p.m. Copies of the filing
will also be available for inspection and Public Reference Room, and the
Exchange’s Web site at https://
copying at the principal office of the
www.nyse.com.
Exchange. All comments received will
be posted without change; the
II. Self-Regulatory Organization’s
Commission does not edit personal
Statement of the Purpose of, and
identifying information from
Statutory Basis for, the Proposed Rule
submissions. You should submit only
Change
information that you wish to make
In its filing with the Commission, the
available publicly. All submissions
self-regulatory organization included
should refer to File Number SR–NYSE–
2010–70 and should be submitted on or statements concerning the purpose of,
and basis for, the proposed rule change
before November 4, 2010.
and discussed any comments it received
For the Commission, by the Division of
on the proposed rule change. The text
Trading and Markets, pursuant to delegated
of those statements may be examined at
authority.9
the places specified in Item IV below.
Florence E. Harmon,
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
Deputy Secretary.
of the most significant parts of such
[FR Doc. 2010–25747 Filed 10–13–10; 8:45 am]
statements.
BILLING CODE 8011–01–P
5 15
6 15
VerDate Mar<15>2010
16:30 Oct 13, 2010
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
9 17
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63233
PO 00000
CFR 200.30–3(a)(12).
Frm 00093
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]]>Agencies
[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63232-63233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25747]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63057; File No. SR-NYSE-2010-70]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To
Amend the Exchange Price List
October 6, 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 September 30, 2010, New York Stock Exchange LLC
(``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C.78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its 2010 Price List to assess
monthly fees for the use of all ports that provide connectivity to its
equity trading systems. The monthly fee for ports will be $100 per pair
per month up to five pairs, then $500 for each additional five pairs.
In its table of credits applicable to Supplemental Liquidity Providers
(``SLPs''), the Exchange is modifying language referencing the SLP
quoting requirement to reflect a recent rule filing that changed the
standard from 3% to 10% of the regular trading day in any calendar
month in order to receive a financial rebate and also added a volume
requirement. The amended pricing will take effect on October 1, 2010.
The text of the proposed rule change is available at the Exchange, at
https://www.nyse.com, at the Commission's Public Reference Room, and on
the Commission's Web site at https://www.sec.gov.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its 2010 Price List to assess
monthly fees for the use of all ports that provide connectivity to its
equity trading systems. A number of other markets already charge such
fees, but the Exchange has not previously done so.
The level of activity with respect to a particular port will not
affect the assessment of monthly fees, so even if a particular port
that is available to a participant is not used, the participant will
still be billed for that port. The monthly fee for ports will be $100
per pair per month up to five pairs, then $500 for each additional five
pairs. For example, the fee for seven pairs of ports will be $1,000 per
month. Billing for ports will be based on the number of ports on the
third business day prior to the end of the month.
In its table of credits applicable to SLPs, the Exchange is
modifying language referencing the SLP quoting requirement to reflect a
recent rule filing that changed the standard from 3% to 10% of the
regular trading day in any calendar month in order to receive a
financial rebate and also added a volume requirement.\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 62791 (August 30,
2010), 75 FR 54411 (September 7, 2010) (File No. SR-NYSE-2010-60).
---------------------------------------------------------------------------
These changes are intended to be effective immediately for all
transactions beginning October 1, 2010.
[[Page 63233]]
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.
---------------------------------------------------------------------------
\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 on its members by the NYSE.
---------------------------------------------------------------------------
\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:
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-NYSE-2010-70 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-NYSE-2010-70. 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 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 will also be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2010-70 and should be submitted on
or before November 4, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25747 Filed 10-13-10; 8:45 am]
BILLING CODE 8011-01-P
