76508 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 

13 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 63072 

(October 8, 2010), 75 FR 64368 (October 19, 2010) 

(File No. SR–NYSEAmex–2010–97) (the ‘‘Block 

Rebate Filing’’). 

4 15 U.S.C. 78f(b). 

5 15 U.S.C. 78f(b)(4). 

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 such filings 

also will be available for inspection and 

copying at DTC’s principal office and 

DTC’s Web site at http://www.dtc.org/ 

impNtc/mor/index.html. 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 No. SR–DTC–2010– 

16 and should be submitted on or before 

December 29, 2010. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30721 Filed 12–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63413; File No. SR– 

NYSEAmex–2010–112] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Amending the Exchange 

Price List With Respect to Nasdaq 

Securities Traded Pursuant to Unlisted 

Trading Privileges 

December 2, 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 

November 30, 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 its 

2010 Price List for equities to amend the 

fees charged for taking liquidity in 

Nasdaq securities traded pursuant to 

unlisted trading privileges and to 

change the minimum size requirements 

for larger displayed orders in trades 

above $5.00 to receive the enhanced 

rebate in lieu of the standard rebate for 

such securities. The amended pricing 

will become operative on December 1, 

2010. The text of the proposed rule 

change is available at the Exchange’s 

principal office, at http:// 

www.nyse.com, at the Commission’s 

Public Reference Room, and on the 

Commission’s Web site at http:// 

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 its 

2010 Price List for equities to modify 

the fees charged to market participants, 

Supplemental Liquidity Providers 

(‘‘SLPs’’) and Designated Market Makers 

(‘‘DMMs’’) for taking liquidity in Nasdaq 

securities traded pursuant to unlisted 

trading privileges whose share price is 

$1.00 or more. 

Currently, market participants, SLPs 

and DMMs are charged a fee of $0.0023 

per share for orders in Nasdaq securities 

traded pursuant to unlisted trading 

privileges that take liquidity. Under the 

proposal, the fee will be changed to 

$0.0027 per share for orders that take 

liquidity. 

In a rule filing on October 1, 2010,3

the Exchange adopted a block rebate of 

$0.0036 per share for executions of 

displayed liquidity to all market 

participants and SLPs that provide 

liquidity in orders in Nasdaq securities 

traded pursuant to unlisted trading 

privileges that originally display a 

minimum of 5,000 shares with a trading 

price of at least $5.00 per share, for as 

long as the order is not cancelled in 

amount that would reduce the original 

displayed amount below 5,000 shares. 

The Exchange proposes to reduce these 

minimum displayed size requirements 

from 5,000 shares to 2,000 shares. 

In the Block Rebate Filing, the 

Exchange also adopted a block rebate for 

DMMs of $0.0036 per share in Nasdaq 

securities traded pursuant to unlisted 

trading privileges for executions of the 

displayed portions of s-Quotes that 

provide liquidity and display 5,000 

shares or more at the time of execution 

with a trading price of at least $5.00 per 

share. The Exchange proposes to reduce 

this minimum displayed size 

requirement from 5,000 shares to 2,000 

shares. 

These changes are intended to become 

operative for all transactions beginning 

December 1, 2010. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),4 in general, and Section 6(b)(4) 

of the Act,5 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. 

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
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76509 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(2). 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

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) 6 of the Act and 

subparagraph (f)(2) of Rule 19b–4 7

thereunder, because it establishes a due, 

fee, or other charge imposed on its 

members by NYSE Amex. 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex–2010–112 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–2010–112. 

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–2010–112 and should be 

submitted on or before December 29, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30718 Filed 12–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63411; File No. SR–Phlx– 

2010–169] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX LLC To Modify Fees for 

NASDAQ OMX PSX 

December 2, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on November 

23, 2010, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the self-regulatory 

organization. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify the 

fees applicable to trading on the 

NASDAQ OMX PSX system (‘‘PSX’’). 

The text of the proposed rule change is 

available on the Exchange’s Web site at 

http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

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 is proposing to modify 

order execution fees applicable to use of 

PSX. Specifically, the Exchange is 

modifying the credit provided to PSX 

Participants that provide liquidity to 

support executions on the platform. In 

keeping with the goal of PSX to provide 

an electronic exchange environment 

that encourages display of larger order 

sizes through its unique price-size order 

execution algorithm, the Exchange 

proposes to offer a larger liquidity 

provider credit to Participants when 

Displayed Orders with an original order 

size of 2,000 or more shares are 

executed. Specifically, the credit will be 

$0.0024 per share executed for 

Displayed Orders with an original order 

size of 2,000 or more shares, but will 

only be $0.0018 per share executed for 

Non-Displayed Orders or for Displayed 

Orders with an original order size of less 

than 2,000. Through the change, the 

Exchange hopes to further promote PSX 

as a venue that enhances price 

discovery and efficiency by encouraging 

transparent trading of larger orders. 

The higher credit would apply to an 

order as it is decremented by partial 

executions, but would not apply in 

circumstances where an order for 2,000 


jlentini on DSKJ8SOYB1PROD with NOTICES