46472 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: September 3, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–21835 Filed 9–4–09; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0106] 

Withdrawal of Proposed Regulatory 

Issue Summary; Implementation of 

New Final Rule, Protection of 

Safeguards Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of Proposed 

Regulatory Issue Summary (RIS) 

‘‘Implementation of New Final Rule, 

Protection of Safeguards Information.’’ 

FOR FURTHER INFORMATION CONTACT: 

Robert Norman at 301–415–2278 or by 

e-mail at Robert.Norman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing draft 

Regulatory Issue Summary (RIS) 

‘‘Implementation of New Final Rule, 

Protection of Safeguards Information’’ 

published March 12, 2009 (74 FR 

10786). This draft RIS provided 

stakeholders information concerning the 

changes to Title 10 of the Code of 

Federal Regulations (10 CFR) Parts 

73.21, 73.22 and 73.23. This draft RIS 

provided clarifying information of the 

impact of the new rule (effective date 

February 23, 2009). The NRC will not 

pursue finalizing the draft RIS because 

the NRC has issued Draft Regulatory 

Guide (DG–5034) in the Federal 

Register for public comment (74 FR 

39343, 39354) to assist licensees in 

meeting the requirements of 10 CFR 

73.21, 73.22, and 73.23. Therefore, the 

RIS is no longer needed. 

II. Further Information 

Regulatory guides are the preferred 

method to disseminate guidance 

information and are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/doccollections. 

Regulatory guides are also available for 

inspection at the NRC’s Public 

Document Room (PDR), Room O–1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852–2738. The 

PDR’s mailing address is US NRC PDR, 

Washington, DC 20555–0001. The PDR 

staff can be reached by telephone at 

301–415–4737 or 800–397–4209, by fax 

at 301–415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 1st day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Martin C. Murphy, 

Chief, Generic Communications Branch, 

Division of Policy and Rulemaking, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–21694 Filed 9–8–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60608; File No. SR–NYSE– 

2009–85] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Adding Language 

to Several NYSE Rules To Clarify That 

Transactions That Occur Solely Within 

NYSE MatchPointSM Will Be Treated 

Differently Than Executions That 

Occur in the NYSE Display Book® for 

Certain Order Processing Purposes 

September 1, 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 August 

18, 2009, New York Stock Exchange 

LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘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 add 

language to several NYSE rules to clarify 

that transactions that occur solely 

within NYSE MatchPointSM

(‘‘MatchPoint’’ or the ‘‘facility’’) will be 

treated differently than executions that 

occur in the NYSE Display Book®

(‘‘NYSE Display Book’’ or ‘‘DBK’’)for 

certain order processing purposes. The 

Exchange is seeking to amend NYSE 

Rules 13, 15, 79A, 100, 104, 116, 123B, 

123C, 123D, 124 and 1000. 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 purpose of the proposed rule 

filing is to add language to several NYSE 

rules to clarify that transactions that 

occur solely within the MatchPoint 

facility will be treated differently than 

executions that occur in the DBK for 

certain order processing purposes. The 

proposed additional text will not change 

the core purpose of the subject rules or 

the functionality of MatchPoint or other 

NYSE trading systems and facilities. 

Specifically, the Exchange is seeking to 

amend NYSE Rules 13, 15, 79A, 100, 

104, 116, 123B, 123C, 123D, 124 and 

1000. 

The Exchange launched MatchPoint 

in January 2008 following approval of 

its rule filing by the Securities and 

Exchange Commission (the ‘‘SEC’’ or the 

‘‘Commission’’). MatchPoint is an 

anonymous point-in-time electronic 

trading facility of the NYSE that 

matches aggregated orders at 

predetermined sessions throughout 

regular hours and after hours of the 

Exchange. MatchPoint trades securities 

listed on all major and regional U.S. 

stock exchanges. 

MatchPoint is a ‘‘stand alone’’ facility 

of the Exchange in that orders entered 

into MatchPoint do not interact with 

any other Exchange facilities or other 

automated trading centers. Rather, it 

matches aggregated buy and sell orders 

within the facility during predetermined 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46473 

4See Securities Exchange Act Release No. 59282 

(January 22, 2009) 74 FR 5009 (January 28, 2009) 

(SR–NYSE–2008–119) (Rule 1600. NewYork Block 

Exchange). See also SR–NYSE–2009–82, which was 

filed with the Commission on August 12, 2009. 

5See Securities Exchange Act Release No. 59282 

(January 22, 2009) 74 FR 5009 (January 28, 2009) 

(SR–NYSE–2008–119). 

one-minute matching sessions during 

regular hours of the Exchange (at 9:45 

a.m., 10 a.m., 11 a.m., 12 noon, 1 p.m., 

2 p.m., and 3 p.m.) as well as an after 

hours match (at 4:45 p.m.) at a 

Reference Price determined pursuant to 

NYSE Rule 1500. 

The MatchPoint system reports trade 

execution information to the applicable 

Securities Information Processors 

(‘‘SIPs’’) for each MatchPoint eligible 

security. Trades are reported as one 

print for each security irrespective of 

the number of individual buyers and 

sellers with the total volume of the 

transaction reported with the price. 

Trades that occur in MatchPoint are 

distinguished from other Tape A prints 

by a print modifier that is appended to 

the trades reported. 

Trades that occur on MatchPoint have 

always been designated with a print 

modifier of ‘‘N.X.’’ Since January 2009, 

this same print modifier has also been 

used to designate trades that occur 

solely within the New York Block 

Exchange facility (‘‘NYBX’’) (see Rule 

1600). However, all trades that occur in 

the DBK are identified with an ‘‘N’’ 

print modifier, including NYBX orders 

that match with DBK liquidity. 

NYBX is an anonymous electronic 

facility of the Exchange that is not 

connected to MatchPoint. As more fully 

described in Rule 1600 and related rule 

filings 4 NYBX provides for the 

continuous matching and execution of 

orders in the NYBX facility (all of which 

are non-displayed) with the aggregate of 

all displayed and non-displayed orders 

in the NYSE DBK (subject to routing to 

away markets in compliance with 

Regulation NMS). Therefore, NYBX 

orders can execute with marketable nondisplayed contra side liquidity in the 

NYBX facility, with marketable contra 

side liquidity (displayed and/or nondisplayed) in the DBK and with any 

available marketable contra side 

liquidity in the Capital Commitment 

Schedule (‘‘CCS’’) of the Designated 

Market Makers (‘‘DMMs’’) (see Rule 

1000(d)). 

Executions that occur within the 

NYBX facility (i.e., that execute solely 

with orders within NYBX) or on 

MatchPoint are treated differently than 

executions that occur in the DBK 

(including executions resulting from 

NYBX orders matching with DBK 

liquidity and CCS interest) for certain 

order processing purposes. Specifically, 

Exchange systems do not include either 

MatchPoint or NYBX-only executions 

when calculating the triggers applicable 

to the following DBK executions and/or 

requirements: (1) Pre-opening 

indications; (2) last sale trades; (3) odd 

lot trades; (4) Designated Market Maker 

(‘‘DMMs’’) obligations to re-enter the 

market; and (5) stop orders. These 

triggers are referenced in the following 

NYSE Rules: 13, 15, 79A, 100, 104, 116, 

123B, 123C, 123D, 124 and 1000. 

Applicable NYSE rules were 

previously amended to clarify that 

NYBX-only executions are not included 

in the above described calculations.5

The Exchange is seeking to amend many 

of the same NYSE Rules in this filing in 

order to provide appropriate 

consistency and clarity to the related 

NYSE Rules. Therefore, with this rule 

filing, the Exchange proposes to amend 

the following NYSE Rules: 13, 15, 79A, 

100, 104, 116, 123B, 123C, 123D, 124 

and 1000. The proposed amendments 

will clarify that MatchPoint executions 

are also excluded from the 

aforementioned calculations. Therefore, 

the Exchange seeks to amend the 

following rules: 

(1) Rule 13 (Definitions) ‘‘Sell 

‘‘Plus’’—Buy ‘‘Minus’’ Order’’ and 

‘‘Stop Order’’ 

The Exchange is proposing to amend 

these definitions to indicate that a 

transaction that occurs in NYSE 

MatchPoint shall not be considered in 

the operation of these orders. 

(2) Rule 15. ‘‘Pre-Opening 

Indications’’ 

The Exchange is proposing to add to 

section (d) of the rule that an execution 

that occurs in NYSE MatchPoint shall 

not be considered in the operation of 

this rule. 

(3) Rule 79A. ‘‘Miscellaneous 

Requirements on Stock Market 

Procedures’’ 

The Exchange is proposing to add to 

subsection (C)(7) of .15 of the 

Supplementary Material section of the 

Miscellaneous Requirements on Stock 

Market Procedures section of the rule 

that the term ‘‘last sale’’ shall not 

include any transaction that occurs in 

NYSE MatchPoint. Additionally, the 

Exchange is proposing to add to section 

.20(c) of the Supplementary Material 

that a transaction that occurs in NYSE 

MatchPoint shall not be considered the 

‘‘last sale,’’ the ‘‘current sale,’’ or the 

‘‘last previous sale.’’ 

(4) Rule 100. ‘‘Round-Lot 

Transactions of Odd-Lot Dealer or 

Broker Affecting Odd-Lot Orders’’ 

The Exchange is proposing to add to 

subsection (d) that the ‘‘last different 

round lot price’’ shall not include prices 

of transactions that occur in NYSE 

MatchPoint. 

(5) Rule 104. ‘‘Dealings and 

Responsibilities of DMMs’’ 

The Exchange is proposing to add to 

the Supplementary Material section of 

Rule 104, under section .10 that the 

terms ‘‘price,’’ ‘‘high price,’’ ‘‘low price’’ 

and ‘‘last differently-priced trade’’ shall 

not include the price of any transaction 

that occurs in NYSE MatchPoint. 

(6) Rule 116. ‘‘ ‘Stop’ Constitutes 

Guarantee’’ 

The Exchange is proposing to add to 

the Supplementary Material section of 

Rule 116, under subsection .40 

(‘‘Stopping’’ stock on market-at-theclose orders’’) subparagraph (C) that for 

purposes of this section .40, the ‘‘price 

of the last sale’’ shall not include any 

transaction that occurs in NYSE 

MatchPoint. 

(7) Rule 123B. ‘‘Exchange Automated 

Order Routing System’’ 

The Exchange is proposing to add to 

Rule 123B in subsection (b)(3)(‘‘Booth 

Support System’’) that for purposes of 

this section (3), the term ‘‘last sale’’ 

shall not include any transaction that 

occurs in NYSE MatchPoint. 

(8) Rule 123C. ‘‘Market On The Close 

Policy And Expiration Procedures’’ 

The Exchange is proposing to add to 

Supplementary Material .10 that for 

purposes of Rule 123C, the terms ‘‘last 

sale’’ and ‘‘last sales’’ shall not include 

any transaction that occurs in NYSE 

MatchPoint. 

(9) Rule 123D. ‘‘Openings and Halts in 

Trading’’ 

The Exchange is proposing to add to 

Rule 123D in the Supplementary 

Material Section .25 that for purposes of 

this rule, a transaction that occurs in 

NYSE MatchPoint shall not affect the 

calculation of the ‘‘last sale,’’ ‘‘prior 

close,’’ ‘‘previous close’’ or any similar 

term. 

(10) Rule 124. ‘‘Odd-Lot Orders’’ 

The Exchange is proposing to add to 

Rule 124.70 in the Supplementary 

Material section that references to 

‘‘round-lot transaction,’’ ‘‘round-lot 

Exchange transaction,’’ ‘‘opening 

transaction,’’ ‘‘closing transaction,’’ 

‘‘reopening price,’’ ‘‘re-opening 

transaction,’’ ‘‘price’’ and ‘‘sale’’ shall 

not include any transaction that occurs 

in NYSE MatchPoint. 

(11) Rule 1000. ‘‘Automatic Execution 

of Limit Orders Against Order Reflected 

in NYSE Published Quotation’’ 

The Exchange is proposing to add to 

Rule 1000.11 in the Supplementary 

Material section that with respect to 

‘‘sale,’’ ‘‘sale price,’’ ‘‘last sale price,’’ 

‘‘closing price’’ and similar terms shall 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46474 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / 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. 

8For purposes only of waiving the 30-day 

operative delay of this proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

9 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

not include any transaction that occurs 

in NYSE MatchPoint. 

In each of the rule changes described 

above, the Exchange also proposes to 

add a reference to Rule 1500 (‘‘NYSE 

MatchPointSM’’). 

Market data for NYSE-listed securities 

that trade on MatchPoint is 

disseminated via the consolidated tape 

pursuant to the Consolidated Tape 

Association Plan (‘‘CTA Plan’’). Trade 

reports of securities that are governed by 

the Unlisted Trade Privileges Plan 

(‘‘UTP Plan’’) are disseminated pursuant 

to the UTP Plan. Because MatchPoint 

and NYBX are facilities of the Exchange, 

and not withstanding the exclusions 

described above, all trades executed in 

either MatchPoint or NYBX indicate the 

market of execution as the NYSE for 

CTA and UTP purposes. 

2. Statutory Basis 

The basis under the Securities 

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

this proposed rule change is the 

requirement under Section 6(b)(5) that 

an Exchange have rules that are 

designed 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 changes support these 

principles in that they will clarify that 

certain NYSE rules do not apply to 

executions that occur on MatchPoint. 

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 

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

The Exchange has requested that the 

Commission waive the 30-day operative 

delay and designate the proposed rule 

change immediately operative. The 

Exchange believes that waiving the 

operative delay, by immediately 

clarifying how trades executed in NYSE 

MatchPoint will be treated for purposes 

of the application of certain other 

Exchange rules, will eliminate potential 

confusion by granting market 

participants a better understanding of 

the effect that MatchPoint trades have 

on the market. The Commission believes 

such waiver is consistent with the 

protection of investors and the public 

interest.8 Accordingly, the Commission 

designates the proposed rule change 

operative upon filing with the 

Commission. 

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–2009–85 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–2009–85. 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 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–NYSE– 

2009–85 and should be submitted on or 

before September 30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21645 Filed 9–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60612; File No. SR–NYSE– 

2009–88] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC to Modify the 

Cure Provisions Under Its Dollar Stock 

Price Continued Listing Standard 

September 2, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) 2 and Rule 19b–4 


cprice-sewell on DSK2BSOYB1PROD with NOTICES