Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Operation of the Pilot Program That Allows Nasdaq Stock Market Securities To Be Traded on the Exchange Pursuant to a Grant of Unlisted Trading Privileges, 38446-38447 [2011-16448]
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38446
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room on official business
days between the hours of 10 a.m. and
3 p.m. Copies of such filing also will be
available for inspection and copying at
the principal offices 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–Phlx–2011–86, and should
be submitted on or before July 21, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–16433 Filed 6–29–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64746; File No. SR–
NYSEAmex–2011–45]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Extend the Operation
of the Pilot Program That Allows
Nasdaq Stock Market Securities To Be
Traded on the Exchange Pursuant to a
Grant of Unlisted Trading Privileges
June 24, 2011.
srobinson on DSK4SPTVN1PROD with NOTICES
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 June 21,
2011, 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 Equities Rule 500 to extend
the operation of the pilot program that
7 17
CFR 200.30–3(a)(12).
U.S.C. 78a.
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
16:24 Jun 29, 2011
Jkt 223001
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 August 1, 2011;
the Exchange proposes to extend it until
the earlier of Securities and Exchange
Commission (‘‘Commission’’) approval
to make such pilot permanent or
January 31, 2012. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and http://
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 August
1, 2011, until the earlier of Commission
approval to make such pilot permanent
or January 31, 2012.
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
3 See Securities Exchange Act Release No. 62479
(July 9, 2010), 75 FR 41264 (July 15, 2010) (SR–
NYSEAmex–2010–31). See also Securities
Exchange Act Release No. 62857 (September 7,
2010), 75 FR 55837 (September 14, 2010) (SR–
NYSEAmex–2010–89) and 63601 (December 22,
2010), 75 FR 82117 (December 29, 2010) (SR–
NYSEAmex–2010–124).
4 See Securities Exchange Act Release No. 58863
(October 27, 2008), 73 FR 65417 (November 3,
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
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
Market Maker (‘‘DMM’’),7 is also
scheduled to end on August 1, 2011.8
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, 2012.12
Extension of the UTP Pilot Program in
tandem with the NMM Pilot, both from
August 1, 2011 until the earlier of
Commission approval to make such
pilots permanent or January 31, 2012,
2008). 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 20891 (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.
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 Nos. 61030 (November 19,
2009), 74 FR 62365 (November 27, 2009) (SR–
NYSEAmex–2009–83); 61725 (March 17, 2010), 75
FR 14223 (March 24, 2010) (SR–NYSEAmex–2010–
28); 62820 (September 1, 2010), 75 FR 54935
(September 9, 2010) (SR–NYSEAmex–2010–86);
and 63615 (December 29, 2010), 76 FR 611 (January
5, 2011) (SR–NYSEAmex–2010–123).
9 15 U.S.C. 78.
10 See supra note 1, at 41271.
11 Id.
12 See SR–NYSEAmex–2010–122.
E:\FR\FM\30JNN1.SGM
30JNN1
Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
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
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.
srobinson on DSK4SPTVN1PROD with NOTICES
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.
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.19
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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.
13 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
15 15 U.S.C. 78k–1(a)(1).
16 15 U.S.C. 78l(f).
14 15
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16:24 Jun 29, 2011
Jkt 223001
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
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 (http://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2011–45 on
the subject line.
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
19 17 CFR 240.19b–4(f)(6)(iii). Rule 19b–4(f)(6)(iii)
requires that a self-regulatory organization submit
to the Commission written notice of its intent to file
the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
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–2011–45. 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 (http://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–2011–45 and should be
submitted on or before July 21, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–16448 Filed 6–29–11; 8:45 am]
BILLING CODE 8011–01–P
17 15
18 17
PO 00000
Frm 00100
Fmt 4703
Sfmt 9990
38447
20 17
E:\FR\FM\30JNN1.SGM
CFR 200.30–3(a)(12).
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]]>Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Pages 38446-38447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16448]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64746; File No. SR-NYSEAmex-2011-45]
Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Extend the
Operation of the Pilot Program That Allows Nasdaq Stock Market
Securities To Be Traded on the Exchange Pursuant to a Grant of Unlisted
Trading Privileges
June 24, 2011.
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 June 21, 2011, 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. 78a.
\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 August 1, 2011; the Exchange proposes to extend
it until the earlier of Securities and Exchange Commission
(``Commission'') approval to make such pilot permanent or January 31,
2012. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://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 August 1, 2011, until the earlier of
Commission approval to make such pilot permanent or January 31, 2012.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 62479 (July 9,
2010), 75 FR 41264 (July 15, 2010) (SR-NYSEAmex-2010-31). See also
Securities Exchange Act Release No. 62857 (September 7, 2010), 75 FR
55837 (September 14, 2010) (SR-NYSEAmex-2010-89) and 63601 (December
22, 2010), 75 FR 82117 (December 29, 2010) (SR-NYSEAmex-2010-124).
---------------------------------------------------------------------------
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). 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
20891 (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
August 1, 2011.\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, 2012.\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 Nos. 61030 (November 19, 2009), 74
FR 62365 (November 27, 2009) (SR-NYSEAmex-2009-83); 61725 (March 17,
2010), 75 FR 14223 (March 24, 2010) (SR-NYSEAmex-2010-28); 62820
(September 1, 2010), 75 FR 54935 (September 9, 2010) (SR-NYSEAmex-
2010-86); and 63615 (December 29, 2010), 76 FR 611 (January 5, 2011)
(SR-NYSEAmex-2010-123).
\9\ 15 U.S.C. 78.
\10\ See supra note 1, at 41271.
\11\ Id.
\12\ See SR-NYSEAmex-2010-122.
---------------------------------------------------------------------------
Extension of the UTP Pilot Program in tandem with the NMM Pilot,
both from August 1, 2011 until the earlier of Commission approval to
make such pilots permanent or January 31, 2012,
[[Page 38447]]
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 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.\19\
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(3)(A)(iii).
\18\ 17 CFR 240.19b-4(f)(6).
\19\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) requires
that a self-regulatory organization submit to the Commission written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------
At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSEAmex-2011-45 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-2011-45. 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 (http://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-2011-45 and should be submitted on or before July 21, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------
\20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-16448 Filed 6-29-11; 8:45 am]
BILLING CODE 8011-01-P
