9272 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

20The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov. 

21 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. 61235 

(December 23, 2009), 75 FR 168 (January 4, 2010) 

(SR–NYSE–2009–126). The Exchange represented 

that it anticipated correction of the limitation no 

later than the end of February 2010. Id. at Footnote 

3. 

5The size limitation was corrected as of January 

25, 2010. 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

submission,20 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–2010–09 and should be 

submitted on or before March 22, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary 

[FR Doc. 2010–4136 Filed 2–26–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61559; File No. SR–NYSE– 

2010–08] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Amending the 

Provisions of NYSE Rules 116 and 

123C To Repeal the Temporary 

Provision That Allows the Exchange 

To Report Multiple Closing Prints to 

the Consolidated Tape When a Closing 

Transaction Exceeds 99,999,999 

Shares 

February 22, 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 February 

18, 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

provisions of NYSE Rules 116 (‘‘Stop’’ 

Constitutes Guarantee) and 123C 

(Market On The Close Policy And 

Expiration Procedures) to repeal the 

temporary provision that allows the 

Exchange to report multiple closing 

prints to the Consolidated Tape when a 

closing transaction exceeds 99,999,999 

shares. 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 

New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) proposes to 

amend the provisions of NYSE Rules 

116 (‘‘Stop’’ Constitutes Guarantee) and 

123C (Market On The Close Policy And 

Expiration Procedures) to repeal the 

temporary provision that allows the 

Exchange to report multiple closing 

prints to the Consolidated Tape when a 

closing transaction exceeds 99,999,999 

shares. 

The Exchange amended NYSE Rules 

116.40(C) and 123C(3) to report multiple 

closing prints to the Consolidated Tape 

last sale reporting system in order to 

compensate for a temporary size 

limitation in a new market data 

distribution system.4 At that time, 

Exchange’s market data distribution 

system was unable to support prints 

greater than 99,999,999 shares. 

Executions of greater than 99,999,999 

shares had to be sent to the 

Consolidated Tape in multiple prints. 

The multiple prints reflected the 

cumulative volume of the single closing 

transaction. 

The Exchange’s market data 

distribution system is now capable of 

reporting in a single transaction, 

executions that exceed 99,999,999 

shares to the Consolidated Tape last sale 

reporting system in a single print.5 The 

Exchange therefore seeks to remove the 

temporary amendments to Rules 

116.40(C) and 123C(3) and once again 

require all closing transactions to be 

reported in a single print. 

The Exchange also proposes to add an 

inadvertently omitted parenthesis in the 

second paragraph of Rule 123C(3)(A). 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Securities Exchange Act of 1934 

(the ‘‘Act’’),6 in general, and furthers the 

objectives of Section 6(b)(5) of the Act,7

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. The Exchange believes 

the proposed rule change will facilitate 

the timely and efficient reporting of the 

closing transaction on the Exchange and 

thus ultimately serve to protect 

investors and the public interest. 

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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9273 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(5). 

10The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov. 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Partial Amendment No. 1 includes minor 

clarifications to the purpose section of the proposed 

rule change, and makes a non-substantive change to 

the rule text itself. 

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 proposed rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) of the Act 8 and Rule 

19b–4(f)(5).9

The Exchange submits that the 

proposed rule change qualifies for 

immediate effectiveness in that it effects 

a change in an existing order-entry or 

trading system of a self-regulatory 

organization that does not (i) 

significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) have the effect of 

limiting the access to or availability of 

the system. This proposed rule change 

simply seeks to remove a temporary 

amendment that was implemented to 

compensate for a systemic limitation in 

its market data distribution system. The 

resolution of the systemic limitation 

obviates the need for the work-around 

implemented by the temporary rule. The 

instant filing simply reinstates 

provisions for printing the closing 

transactions to their original state now 

that the market data system is 

functioning correctly. 

At any time within 60 days of the 

filing of such 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–2010–08 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–2010–08. 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,10 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 

self-regulatory organization. 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–2010–08 and should 

be submitted on or before March 22, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4165 Filed 2–26–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61570; File No. SR–Phlx2010–19] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change, as Modified by 

Amendment No. 1, Relating to Routing 

Fees 

February 23, 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 February 

2, 2010, NASDAQ OMX PHLX, Inc. 

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

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I, II, 

and III, below, which Items have been 

substantially prepared by the Exchange. 

On February 19, 2010, the Exchange 

filed Amendment No. 1 to the proposed 

rule change.3 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change, 

as modified by Amendment No. 1, 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 

Routing Fees. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, on the 

Commission’s Web site at http:// 

www.sec.gov, 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 

Exchange 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 these 

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 aspects of such 

statements. 

mstockstill on DSKH9S0YB1PROD with NOTICES