41778 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 

10See Securities Exchange Act Release No. 60210 

(July 1, 2009), 74 FR 32989 (July 9, 2009) (SR–Phlx– 

2009–53). 

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 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange changed its name to NYSE Amex 

in March 2009. See Securities Exchange Act Release 

No. 59575 (March 13, 2009), 74 FR 11803 (March 

19, 2009) (SR–NYSEALTR–2009–24). 

5See SR–NYSE–2009–76, formally submitted on 

July 28, 2009. 

contract for P Orders sent to the 

Exchange and $.30 per contract for P/A 

Orders.10 The Exchange believes that 

waiving the Firm Proprietary Options 

Transaction Charge for members 

executing facilitation orders pursuant to 

Exchange Rule 1064 when such 

members are trading in their own 

account is consistent with rate 

differentials that exist in the current fee 

schedule and serves to encourage 

members to facilitate customer order 

flow. 

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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change 

established or changes a due, fee, or 

other charge imposed by the Exchange, 

it has become effective pursuant to 

Section 19(b)(3)(A) of the Act 11 and 

subparagraph (f)(2) of Rule 19b–4 12

thereunder. 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–Phlx–2009–67 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 submission should refer to File 

Number SR–Phlx–2009–67. 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 inspection and copying 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 Phlx. 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 with to make 

available publicly. All submissions 

should refer to File Number SR–Phlx– 

2009–67 and should be submitted on or 

before September 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19733 Filed 8–17–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60458; File No. SR– 

NYSEAMEX–2009–52] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Deleting Rule 409A—NYSE 

Amex Equities and Adopting New Rule 

2266—NYSE Amex Equities To 

Conform to Proposed Rule Changes 

Submitted in a Companion Filing by 

the New York Stock Exchange LLC 

August 7, 2009. 

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 July 28, 

2009, 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 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, formerly the American 

Stock Exchange LLC and NYSE 

Alternext US LLC,4 proposes to delete 

Rule 409A—NYSE Amex Equities and 

to adopt new Rule 2266—NYSE Amex 

Equities to conform to proposed rule 

changes submitted in a companion 

filing by the New York Stock Exchange 

LLC (‘‘NYSE’’).5 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 41779 

6See Securities Exchange Act Release No. 58673 

(September 29, 2008), 73 FR 57707 (October 3, 

2008) (SR–NYSE–2008–60 and SR–Amex 2008–62) 

(approving the Merger). 

7 15 U.S.C. 78f. 

8See Securities Exchange Act Release No. 58705 

(October 1, 2008), 73 FR 58995 (October 8, 2008) 

(SR–Amex 2008–63) (approving the Equities 

Relocation). 

9See Securities Exchange Act Release Nos. 58705 

(October 1, 2008), 73 FR 58995 (October 8, 2008) 

(SR–Amex 2008–63); 58833 (October 22, 2008), 73 

FR 64642 (October 30, 2008) (SR–NYSE–2008–106); 

58839 (October 23, 2008), 73 FR 64645 (October 30, 

2008) (SR–NYSEALTR–2008–03); 59022 (November 

26, 2008), 73 FR 73683 (December 3, 2008) (SR– 

NYSEALTR–2008–10); and 59027 (November 28, 

2008), 73 FR 73681 (December 3, 2008) (SR– 

NYSEALTR–2008–11). 

10See Securities Exchange Act Release No. 59987 

(May 27, 2009), 74 FR 26902 (June 4, 2009) (order 

approving FINRA 2009–016). 

11 In its filing, FINRA also adopted NASD Rules 

2130 (Obtaining an Order of Expungement of 

Customer Dispute Information from the Central 

Registration Depository (CRD System)), 2810 (Direct 

Participation Programs) and 3115 (Requirements for 

Alternative Trading Systems to Record and 

Transmit Order and Execution Information for 

Security Futures) as consolidated FINRA Rules 

2080, 2310 and 4551, respectively. See Securities 

Exchange Act Release No. 59987 (May 27, 2009), 74 

FR 26902 (June 4, 2009). Neither the Exchange nor 

NYSE is adopting these FINRA Rules. 

12FINRA Incorporated NYSE Rule 409A did not 

contain these exclusions. See Securities Exchange 

Act Release No. 59987 (May 27, 2009), 74 FR 26902 

(June 4, 2009). 

13See Securities Exchange Act Release No. 59987 

(May 27, 2009), 74 FR 26902 (June 4, 2009). 

14 15 U.S.C. 78f(b). 

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

16 15 U.S.C. 78k–1(a)(1). 

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 the proposed rule 

changes is to delete Rule 409A—NYSE 

Amex Equities and to adopt new Rule 

2266—NYSE Amex Equities to conform 

to proposed rule changes submitted in 

a companion filing by the NYSE. 

Background 

As described more fully in a related 

rule filing,6 NYSE Euronext acquired 

The Amex Membership Corporation 

(‘‘AMC’’) pursuant to an Agreement and 

Plan of Merger, dated January 17, 2008 

(the ‘‘Merger’’). In connection with the 

Merger, the Exchange’s predecessor, the 

American Stock Exchange LLC, a 

subsidiary of AMC, became a subsidiary 

of NYSE Euronext called NYSE 

Alternext US LLC, and continues to 

operate as a national securities exchange 

registered under Section 6 of the Act.7

The effective date of the Merger was 

October 1, 2008. 

In connection with the Merger, on 

December 1, 2008, the Exchange 

relocated all equities trading conducted 

on the Exchange legacy trading systems 

and facilities located at 86 Trinity Place, 

New York, New York, to trading systems 

and facilities located at 11 Wall Street, 

New York, New York (the ‘‘Equities 

Relocation’’). The Exchange’s equity 

trading systems and facilities at 11 Wall 

Street (the ‘‘NYSE Amex Trading 

Systems’’) are operated by the NYSE on 

behalf of the Exchange.8

As part of the Equities Relocation, 

NYSE Amex adopted NYSE Rules 1– 

1004, subject to such changes as 

necessary to apply the Rules to the 

Exchange, as the NYSE Amex Equities 

Rules to govern trading on the NYSE 

Amex Trading Systems.9 The NYSE 

Amex Equities Rules, which became 

operative on December 1, 2008, are 

substantially identical to the current 

NYSE Rules 1–1004 and the Exchange 

continues to update the NYSE Amex 

Equities Rules as necessary to conform 

with rule changes to corresponding 

NYSE Rules filed by the NYSE. 

Proposed Conforming Amendments to 

NYSE Amex Equities Rules 

As noted above, the Exchange 

proposes to delete Rule 409A—NYSE 

Amex Equities and to adopt new Rule 

2266—NYSE Amex Equities to conform 

to proposed rule changes submitted in 

a companion filing by the NYSE. As 

discussed in more detail below, the 

NYSE is filing the proposed rule 

changes to harmonize these NYSE Rules 

with changes to corresponding 

Incorporated NYSE Rules filed by the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) and approved 

by the Commission.10 Unless 

specifically noted, the Exchange is 

proposing to adopt the NYSE’s proposed 

rule changes in the form that they have 

been approved for filing by the 

Commission, subject to such technical 

changes as are necessary to apply the 

changes to the Exchange. The Exchange 

further proposes that the operative date 

of these rule changes be the same as the 

operative date of the NYSE’s proposed 

rule changes on which this filing is 

based. 

In relevant part, FINRA adopted 

NASD Rule 2342 (SIPC Information) as 

consolidated FINRA Rule 2266 and, 

because it is substantively similar to this 

new rule, deleted FINRA Incorporated 

NYSE Rule 409A (SIPC Disclosures).11

FINRA Rule 2266 requires all FINRA 

members, except for those members that 

are not Securities Investor Protection 

Corporation (‘‘SIPC’’) members or whose 

business consists exclusively of the sale 

of investments that are not subject to 

SIPC protection, to advise all new 

customers in writing at the time they 

open an account that they may obtain 

information about SIPC by contacting 

SIPC and to provide such customers 

with SIPC’s contact information.12 Such 

information must also be provided 

annually to all existing customers. 

Where both an introducing firm and a 

clearing firm service the same account, 

the firms may assign these requirements 

to one or the other firm.13

NYSE correspondingly proposes to 

delete NYSE Rule 409A and to adopt 

new Rule 2266 to conform to FINRA’s 

approved amendments to its Rules. As 

proposed, NYSE Rule 2266 adopts the 

same language as FINRA Rule 2266, 

except for substituting for or adding to, 

as needed, the term ‘‘member 

organization’’ for the term ‘‘member’’, 

and making corresponding technical 

changes. As with the consolidated 

FINRA Rule, under proposed NYSE 

Rule 2266 Exchange members and 

member organizations will be required 

to provide SIPC disclosures to all new 

customers upon opening an account and 

to existing customers on an annual 

basis. 

The Exchange proposes to 

correspondingly delete Rule 409A— 

NYSE Amex Equities and to adopt new 

Rule 2266—NYSE Amex Equities in the 

form proposed by the NYSE, subject to 

adding ‘‘-NYSE Amex Equities’’ to the 

title of the Rule. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

with Section 6(b) of the Act,14 in 

general, and further the objectives of 

Section 6(b)(5) of the Act,15 in 

particular, in that they are 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 proposed rule 

changes also support the principles of 

Section 11A(a)(1) 16 of the Act in that 

they seek to ensure the economically 

efficient execution of securities 

transactions and fair competition among 

brokers and dealers and among 

exchange markets. 

The Exchange believes that the 

proposed rule changes support the 

objectives of the Act by providing 

greater harmonization among NYSE 

Rules, NYSE Amex Equities Rules and 


jlentini on DSKJ8SOYB1PROD with NOTICES
41780 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 

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). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

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 the 

requirement. 

20 17 CFR 240.19b–4(f)(6). 

21 17 CFR 240.19b–4(f)(6)(iii). 

22For purposes only of waiving the 30-day 

operative delay of the proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition and capital formation. 15 

U.S.C. 78c(f). 23 17 CFR 200.30–3(a)(12). 

FINRA Rules of similar purpose, 

resulting in less burdensome and more 

efficient regulatory compliance for their 

common members and member 

organizations. To the extent the 

Exchange has proposed changes that 

differ from the NYSE version of these 

Rules, such changes are technical in 

nature and do not change the substance 

of the proposed NYSE Amex Equities 

Rules. 

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

A proposed rule change filed under 

Rule 19b–4(f)(6) 20 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),21 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. 

Acceleration of the operative date will 

allow the immediate change of the 

NYSE Amex’s rule to make it consistent 

with the FINRA rule, thereby making 

compliance for dual members less 

burdensome. For these reasons, the 

Commission designates the proposal to 

be effective and operative upon filing.22

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–2009–52 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–2009–52. 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 inspection and copying 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 NYSE. 

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–2009–52 and 

should be submitted on or before 

September 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.23

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19731 Filed 8–17–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA–2009–0041] 

Agency Information Collection Activity 

Under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: The Federal Transit 

Administration invites public comment 

about our intention to request the Office 

of Management and Budget’s (OMB) to 

approve the following new information 

collection: 49 U.S.C. Section 5339— 

Alternatives Analysis Program (OMB 

Number: 2132–NEW). The Federal 

Register Notice with a 60-day comment 

period soliciting comments was 

published on May 13, 2009. 

DATES: Comments must be submitted 

before September 17, 2009. A comment 

to OMB is most effective if OMB 

receives it within 30 days of 

publication. 

FOR FURTHER INFORMATION CONTACT: 

LaStar Matthews, Office of 

Administration, Office of Management 

Planning, (202) 366–2295. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSKJ8SOYB1PROD with NOTICES