Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8163 

11 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 59229 

(January 12, 2009) 74 FR 3119 (January 16, 2009) 

(SR–NYSE–2009–01). 

5See Securities Exchange Act Release No. 59491 

(March 3, 2009) 74 FR 10107 (March 9, 2009) (SR– 

NYSE–2009–20); see Securities Exchange Act 

Release No. 59864 (May 5, 2009) 74 FR 22194 (May 

12, 2009) (SR–NYSE–2009–44); see Securities 

Exchange Act Release No. 60278 (July 10, 2009) 74 

FR 34615 (July 16, 2009) (SR–NYSE–2009–67); see 

Securities Exchange Act Release No. 60439 (August 

5, 2009) 74 FR 40270 (August 11, 2009) (SR–NYSE– 

2009–78) and see also Securities Exchange Act 

Release No. 60949 (November 6, 2009) 74 FR 58665 

(November 13, 2009) (SR–NYSE–2009–110). 

6See Securities Exchange Act Release No. 61350 

(January 14, 2010) 75 FR 3767 (January 22, 2010) 

(SR–NYSE–2010–01). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(2). 

9Executions in the MatchPoint system occur 

when buy and sell interest in a security is entered 

on a matched basis (both buy and sell sides 

submitted together) or when interest submitted in 

the system by one user matches against contra side 

interest submitted by another user. 

10 15 U.S.C. 78a. 

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 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 CBOE. 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–CBOE–2010–013 and 

should be submitted on or before March 

16, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3468 Filed 2–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61520; File No. SR–NYSE– 

2010–06] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Extending the 

Waiver of all Transaction Fees for 

Shares Executed on the NYSE 

MatchPointSM System 

February 16, 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 January 

29, 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, II and III below, which Items 

have been prepared by the selfregulatory 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 extend the 

waiver of all transaction fees for shares 

executed on the NYSE MatchPointSM

(‘‘NYSE MatchPoint’’ or ‘‘MatchPoint’’) 

system effective February 1, 2010 

through March 31, 2010. 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to extend the 

waiver of all transaction fees for shares 

executed on the MatchPoint system, 

which will be effective from February 1, 

2010 through March 31, 2010. The 

NYSE 2010 Price List will reflect this 

extension of the fee waiver. 

Background 

On January 7, 2009, the Exchange 

filed with the Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) a 

proposed rule change to adopt a 

temporary equity transaction fee for 

shares executed on the NYSE 

MatchPoint system, effective until 

February 28, 2009.4 The temporary 

equity transaction fee was extended 

numerous times since the original 

filing 5 and it was in effect until January 

7, 2010. On January 7, 2010, the 

Exchange proposed a transaction fee 

holiday waiving all MatchPoint 

transaction fees under the temporary 

equity transaction fee schedule until 

January 29, 2010 (‘‘transaction fee 

waiver’’).6 Each such filing was effective 

upon filing pursuant to Section 

19(b)(3)(A) 7 of the Act and 

subparagraph (f)(2) of Rule 19b–4.8

The Exchange believes that an 

extension of the transaction fee waiver 

will continue to induce users to enter 

more single-sided volume 9 into the 

MatchPoint system, which benefits all 

participants in MatchPoint, since it 

increases the likelihood of a match 

during the matching sessions (i.e., intraday and after hours matching sessions). 

The transaction fee waiver will apply to 

all Exchange members that access 

MatchPoint. Through this fee filing, the 

Exchange is seeking to extend the 

temporary transaction fee waiver from 

February 1, 2010 through March 31, 

2010. 

It is intended that new MatchPoint 

transaction fees will be in effect on or 

before April 1, 2010, after the 

transaction fee waiver terminates. The 

new transaction fees will also provide 

incentives for adding volume to the 

MatchPoint system. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Act’’) 10 for 

the proposed rule change is the 

requirement under Section 6(b)(4) that 

an exchange have rules that 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 an 

extension of the fee waiver for all 

MatchPoint executions is reasonable in 

that it provides a significant incentive 

for users to add volume into the 

MatchPoint system. Adding volume to 

the MatchPoint system will increase a 

user’s likelihood of obtaining an 

execution. Increased volume and 

trading activity will improve the overall 

mstockstill on DSKH9S0YB1PROD with NOTICES

8164 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(2). 13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

market for customers. The transaction 

fee waiver is also designed to make the 

system more competitive, which will 

further improve the quality of the 

market and benefit customers. Finally, 

the transaction fee waiver is equitable 

because it is available to all Exchange 

members that access the MatchPoint 

system, and it applies to all MatchPoint 

executions. The extended fee waiver 

will be in effect from February 1, 2010 

until March 31, 2010. 

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) 11 of the Act and 

subparagraph (f)(2) of Rule 19b–4 12

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

NYSE. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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–NYSE–2010–06 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–2010–06. 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–NYSE– 

2010–06 and should be submitted on or 

before March 16, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3466 Filed 2–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61519; File No. SR– 

NYSEArca-2010–04] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing of Proposed 

Rule Change Relating to the 

WisdomTree Real Return Fund 

February 16, 2010. 

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

Securities Exchange Act of 1934 (‘‘Act’’ 

or ‘‘Exchange Act’’)1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on January 25, 2010, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘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 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 list and 

trade the shares of the following fund of 

the WisdomTree Trust (the ‘‘Trust’’) 

under NYSE Arca Equities Rule 8.600: 

WisdomTree Real Return Fund (the 

‘‘Fund’’). The shares of the Fund are 

collectively referred to herein as the 

‘‘Shares.’’ The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and on the Exchange’s Web site at 

http://www.nyx.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. 

mstockstill on DSKH9S0YB1PROD with NOTICES