Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11607 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Exchange Act Release No. 60526 (August 18, 

2009) (NYSEAmex–2009–19) 74 FR 43185 (August 

26, 2009). 

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

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

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–FINRA–2010–009 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–FINRA–2010–009. 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 such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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 publicly available. All 

submissions should refer to File 

Number SR–FINRA–2010–009 and 

should be submitted on or before April 

1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–5217 Filed 3–10–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61643; File No. SR– 

NYSEAmex–2010–16] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Deleting Rules 993NY 

and 945 

March 3, 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 February 

24, 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, 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 delete 

Rules 993NY and 945, which governed 

processing of orders received through 

the OCC Hub. The text of the proposed 

rule change is available on NYSE 

Amex’s Web site at http:// 

www.nyse.com, on the Commission’s 

Web site at http://www.sec.gov, at NYSE 

Amex, 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to delete 

outdated rules related to the receipt, 

execution, and reporting of Principal 

(‘‘P’’) and Principal Acting as Agent (‘‘P/ 

A’’) entered to the Exchange through the 

order routing hub developed by the 

Options Clearing Corporation (‘‘OCC 

Hub’’). The affected Rules are NYSE 

Amex Rule 993NY—Temporary Rule 

Governing P and P/A orders, and Rule 

945 Liability for the Options Intermarket 

Linkage. 

At the time of approval of the Options 

Order Protection and Locked/Crossed 

Market Plan (‘‘New Plan’’) and the 

simultaneous withdrawal of the 

Exchange from the Plan for the Purpose 

of Creating and Operating an 

Intermarket Options Linkage (‘‘Old 

Plan’’), the Exchange also filed and 

received approval for rules 

implementing the New Plan.3 Certain 

Participants to the New Plan did not 

have technology in place to take full 

advantage of the New Plan, and 

remained dependent on the OCC Hub to 

route orders to markets at the NBBO. 

The Exchange was aware that such 

dependence might occur, and included 

a Temporary Rule Governing P and P/ 

A Orders as part of the implementing 

rules for the New Plan. 

Additionally, because the OCC Hub 

remained connected to the Exchange, 

Rule 945, Liability for the Options 

Intermarket Linkage, was not eliminated 

with the other rules related to the Old 

Plan. 

All of the Participant Exchanges have 

now migrated off the OCC Hub; 

consequently the rules related to the 

OCC Hub and the Old Plan are no longer 

necessary. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) 4 of the Securities Exchange Act of 

1934 (the ‘‘Act’’), in general, and furthers 

the objectives of Section 6(b)(5) 5 in 

particular in that it is designed to 

promote just and equitable principles of 

trade, to prevent fraudulent and 

manipulative acts, to remove 

impediments to and to perfect the 

mechanism for a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest, as the rules are now 

obsolete and should be removed from 

the rule set. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 


jlentini on DSKJ8SOYB1PROD with NOTICES
11608 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

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

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to 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. 8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

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 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 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, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 6 and Rule 19b– 

4(f)(6) thereunder.7

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–NYSEAmex–2010–16 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–2010–16. 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 such 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–2010–16 and should be 

submitted on or before April 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–5221 Filed 3–10–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61640; File No. SR–ISE– 

2010–13] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change To Adopt a Minimum Quantity 

Order Type 

March 3, 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 February 

23, 2010, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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 Exchange. The ISE filed 

this proposal pursuant to Rule 19b– 

4(f)(6) under the Act.3 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 adopt a 

minimum quantity order type. The text 

of the proposed rule change is as 

follows (deletions are in [brackets]; 

additions are underlined): 

Rule 715. Types of Orders 

(a) through (k) no change. 

(l) Minimum Quantity Orders. A minimum 

quantity order is an order that is available for 

partial execution, but each partial execution 

must be for a specified number of contracts 

or greater. If the balance of the order after 

one or more partial executions is less than 

the minimum, such balance is treated as allor-none. 

Rule 713. Priority of Quotes and Orders 

(a) through (f) no change. 

Supplementary Material to Rule 713 

.01 No change. 

.02 All-or none orders, as defined in Rule 

715(c), and minimum quantity orders, as 

defined in Rule 715(l), are contingency orders 

that have no priority on the book. Such 

orders are maintained in the system and 

remain available for execution after all other 

trading interest at the same price has been 

exhausted. 

.03 through .04 no change. 

Rule 717. Limitations on Orders 

* * * * * 

Supplementary Material to Rule 717 

.01–.03 No Change. 

.04 [A] [n]Non-marketable all-or-none 

limit orders and non-marketable minimum 

quantity orders shall be deemed ‘‘exposed’’ 

for the purposes of paragraphs (d) and (e) one 

second following a broadcast notifying 

market participants that such an order to buy 

or sell a specified number of contracts at a 

specified price either all-or-none or with a 

specified minimum quantity has been 

received in the options series. For nonmarketable minimum quantity orders, the 

broadcast will specify the minimum quantity 

that can be executed. 

.05 No change. 


jlentini on DSKJ8SOYB1PROD with NOTICES