49428 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 

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. 

4Amendment No. 1 supersedes and replaces the 

original filing in its entirety. 

5The Commission notes that the rule text makes 

clear that personal portable or wireless 

communication devices can only be used outside of 

the Trading Floor and all other restricted access 

areas. 

6See SR–NYSE–2009–84. The Commission notes 

that the rule text makes clear that personal portable 

or wireless communication devices can only be 

used outside of the Trading Floor and all other 

restricted access areas. See supra note 5. 

7See Securities Exchange Act Release No. 58673 

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

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

62). 

8NYSE Alternext US LLC was subsequently 

renamed NYSE Amex LLC. See Securities Exchange 

Act Release No. 59575 (March 13, 2009), 74 FR 

11803 (March 19, 2009) (SR–NYSEALTR–2009–24). 

9 15 U.S.C. 78f. 

10See Securities Exchange Act Release No. 58705 

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

(SR–Amex–2008–63). 

11See 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). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23306 Filed 9–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60692; File No. SR– 

NYSEAmex–2009–57] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

NYSE Amex LLC, as Modified by 

Amendment No. 1, Amending Rule 

36—NYSE Amex Equities To Conform 

With Proposed Amendments to 

Corresponding NYSE Rule 36 To 

Permit the Use of Personal Portable or 

Wireless Communication Devices Off 

the Exchange Trading Floor and 

Outside Other Restricted Access Areas 

September 18, 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 

27, 2009, NYSE Amex LLC 

(‘‘NYSEAmex’’ 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 Exchange. 

On September 17, 2009, the Exchange 

filed Amendment No. 1 to the proposed 

rule change.4 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 

Rule 36—NYSE Amex Equities 

(Communications Between Exchange 

and Members’ Offices) to conform with 

proposed amendments to corresponding 

NYSE Rule 36 submitted in a 

companion filing by the Exchange’s 

corporate affiliate, the New York Stock 

Exchange LLC (‘‘NYSE’’). This 

Amendment No. 1 supersedes the 

original filing in its entirety. 

Amendment No. 1 serves to clarify in 

the rule text the specific areas where 

employees of member organizations are 

permitted to use personal portable or 

wireless communications devices.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. 

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 

This Amendment No. 1 to SR– 

NYSEAmex–2009–57 supersedes and 

replaces the original filing in its 

entirety. 

The purpose of the proposed rule 

changes is to amend Rule 36—NYSE 

Amex Equities (Communications 

Between Exchange and Members’ 

Offices) to conform with proposed 

amendments to corresponding NYSE 

Rule 36 submitted in a companion filing 

by the Exchange’s corporate affiliate, the 

NYSE.6

Background 

As described more fully in a related 

rule filing 7, 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 LLC8, and continues to 

operate as a national securities exchange 

registered under Section 6 of the Act.9

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.10

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.11 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 amend Rule 36—NYSE 

Amex Equities to conform with 

proposed amendments to corresponding 

NYSE Rule 36 submitted in a 

companion filing by the NYSE. As 

discussed in more detail below, the 

NYSE is filing the proposed rule 

changes to permit the use of personal 

portable or wireless communication 

devices off the NYSE Trading Floor. The 

Exchange is proposing to adopt the 

NYSE’s proposed rule changes, subject 

to such technical changes as are 

necessary to apply the changes to the 

Exchange. 


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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 49429 

12All members and member firm employees who 

use an Exchange authorized and issued portable 

phone must execute a written acknowledgement as 

to the usage of the phone and authorizing the 

Exchange to receive data and records related to 

incoming and outgoing calls. See NYSE Information 

Memos 08–40 (August 14, 2008) and 08–41 (August 

14, 2008) (concerning the use of Exchange 

authorized and issued portable phones on the Floor, 

incorporated by reference in joint NYSE/NYSE 

Amex Information Memo 08–66 (December 22, 

2008)). 

13The role of DMMs and their obligations on the 

Exchange adopted pursuant to the Merger are 

described in Securities Exchange Act Release No. 

58845 (October 24, 2008), 73 FR 64379 (October 29, 

2008) (SR–NYSE–2008–46). 

14See NYSE/NYSE Amex Information Memo 08– 

66 (December 22, 2008). 

15Pursuant to the definitions of ‘‘Floor’’ and 

‘‘Trading Floor’’ in Rules 6—and 6A—NYSE Amex 

Equities, and corresponding NYSE Rules 6 and 6A, 

the NYSE Amex Equities and NYSE Trading Floors 

overlap and thus references in the proposed rule 

text as well as in the 19b–4 to ‘‘Equities Trading 

Floor’’ include the NYSE Trading Floor. See 

Securities Exchange Act Release No. 59480 (March 

2, 2009), 74 FR 10109 (March 9, 2009) (SR– 

NYSEALTR–2009–21) (adopting, inter alia, Rule 

6A—NYSE Amex Equities). As noted above in 

footnote 4, the NYSE has proposed corresponding 

rule changes for its members and member 

organizations. See SR–NYSE–2009–84. 

16See supra note 5. 

17 It is important to note that the NYSE Amex 

Options Trading Floor is within the restricted 

access perimeter that encompasses the NYSE and 

NYSE Amex Equities Trading Floors and thus 

member and member firm employees would not be 

permitted to use such devices in that space under 

the terms of the proposed Rule defining where such 

devices are permissible. See proposed Rule 36.23— 

NYSE Amex Equities. In addition, while the 

Exchange’s Options Rules permit NYSE Amex 

Options members to use personal communications 

devices on the NYSE Amex Options Trading Floor, 

those rules prohibit NYSE Amex Options members 

from using those devices on the Equities Trading 

Floor of the Exchange. See NYSE Amex Options 

Rule 902NY. 

Current Rule 36—NYSE Amex Equities 

Rule 36—NYSE Amex Equities 

prohibits members and member 

organizations from establishing or 

maintaining any telephonic or 

electronic communication, including 

the usage of any portable or wireless 

communication devices (i.e. cellular 

phone, wireless pager, BlackBerryTM, 

etc.), between the Floor and any other 

location without prior Exchange 

approval. 

Under Rule 36—NYSE Amex Equities, 

notwithstanding the general prohibition 

on the use of portable or wireless 

communication devices, Floor brokers 

may use Exchange authorized and 

issued portable phones on the Floor to 

communicate with both member firms 

and non-members off the Floor, subject 

to certain restrictions. Floor brokers may 

not, however, use Exchange authorized 

and issued devices on the NYSE Amex 

Options Trading Floor (as defined in 

Rule 6A—NYSE Amex Equities).12 See 

Rule 36—NYSE Amex Equities, 

Supplementary Material .20–.23. 

Designated Market Makers (‘‘DMMs’’) 

may, subject to restriction, maintain at 

their posts telephone lines to the offFloor offices of the DMM unit or the 

unit’s clearing firm.13 Such telephone 

lines may only be used to enter options 

or futures hedging orders through the 

DMM unit’s off-Floor office or the unit’s 

clearing firm, or through a member (on 

the Floor) of an options or futures 

exchange. These lines may not, 

however, be used for the purpose of 

transmitting to the Floor orders for the 

purchase or sale of securities. DMMs are 

also permitted to use at their posts 

wired or wireless devices, including 

computer terminals or laptops, that are 

registered with the Exchange to 

communicate with their system 

algorithms. See Rule 36.30—NYSE 

Amex Equities. 

Under Rule 36—NYSE Amex Equities, 

the use of all other portable or wireless 

communication devices on the Floor is 

prohibited. 

The prescriptions of Rule 36—NYSE 

Amex Equities must be viewed in 

conjunction with Rules 6—NYSE Amex 

Equities (‘‘Floor’’) and 6A—NYSE Amex 

Equities (‘‘Trading Floor’’). Under Rule 

6—NYSE Amex Equities, the term 

‘‘Floor’’ is defined as having the same 

meaning given that term under the Act. 

The Exchange has issued interpretive 

guidance that the ‘‘Floor’’ includes the 

trading Floor of the Exchange and the 

premises immediately adjacent thereto, 

such as the various entrances and 

lobbies of the 11 Wall Street, 18 New 

Street, 8 Broad Street, 12 Broad Street 

and 18 Broad Street Buildings, the 

telephone facilities available in these 

locations, the areas outside the ‘‘Blue 

Line’’ (member and member 

organization booths adjacent to the 

trading Floor), and any area reserved 

primarily for members, including 

members’ lounges and bathrooms.14

In addition, under recently adopted 

Rule 6A—NYSE Amex Equities, the 

Equities ‘‘Trading Floor’’ is within the 

area of the ‘‘Floor’’ and defined as ‘‘the 

restricted-access physical areas 

designated by the Exchange for the 

trading of securities, commonly known 

as the ‘Main Room’ and the ‘Garage.’ ’’ 

In accordance with Rule 6A—NYSE 

Amex Equities, the Equities Trading 

Floor does not, however, include the 

areas where NYSE Amex-listed options 

are traded, commonly known as the 

‘‘Blue Room’’ and the ‘‘Extended Blue 

Room’’ (the ‘‘NYSE Amex Options 

Trading Floor’’).15

Proposed Rule Changes 

The Exchange proposes to amend 

Rule 36.23—NYSE Amex Equities to 

permit members and member firm 

employees to use personal portable or 

wireless communications devices 

outside the Equities Trading Floor (i.e. 

outside the turnstiles or card swipe pads 

that electronically release locked doors 

to permit authorized entry).16

Although there are other areas on the 

Exchange’s premises where personal 

communications devices may be used 

by members and member firm 

employees (e.g., the cafeteria in 11 Wall 

Street), these areas are either too far 

from the Trading Floor to be practical or 

do not have adequate reception for such 

devices. Thus, due to the prescriptions 

of Rule 36—NYSE Amex Equities and 

the broad definition of ‘‘Floor’’ under 

Rule 6—NYSE Amex Equities, Exchange 

members and member firm employees 

are effectively required to leave the 

physical premises of the Exchange’s 

buildings and facilities in order to use 

their personal portable or wireless 

communications devices. Once outside, 

members and member firm employees 

may use their personal phones, 

BlackBerryTM or other devices to make 

personal calls and these conversations 

are not subject to the requirements of 

Rule 36—NYSE Amex Equities. The 

requirement to leave the physical 

premises of the Exchange’s buildings 

and facilities to make personal 

communications can be overly 

burdensome, particularly during times 

of inclement weather. It is also 

burdensome to ask a member or member 

firm employee to go outside to make a 

personal call when there is no 

regulatory purpose for requiring 

personal calls to be made outside as 

opposed to inside the Exchange’s 

facilities. 

The Exchange thus proposes to amend 

Rule 36.23—NYSE Amex Equities to 

provide a limited exception permitting 

members and member firm employees 

to use personal portable or wireless 

communications devices in designated 

areas of the Exchange’s buildings and 

facilities that fall within the technical 

definition of the Floor under Rule 6— 

NYSE Amex Equities, but that are 

outside the Trading Floor as defined 

under Rule 6A—NYSE Amex Equities. 

The proposed changes would permit 

members and member firm employees 

to use their personal communications 

devices in the hallways, stairwells, 

lobbies or members-only areas of the 

Exchange premises that are adjacent to 

the Equities and Options Trading Floors 

of the Exchange and the NYSE.17

Specifically, such usage would be 

permitted in the lobby areas of the 

Exchange’s facilities at 11 Wall Street, 6 

and 18 New Street, and 2, 12, 18 and 20 


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49430 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 

18The majority of the doors that require card 

swipe for entry are opaque. 

19See Securities Exchange Act Release Nos. 33– 

7288 and 34–37182 (May 9, 1996), 61 FR 24643 

(May 15, 1996) (S7–13–96). See also FINRA 

Regulatory Notice 2007–59 (December 7, 2007), 

concerning the supervision of electronic 

communications. 20 15 U.S.C. 78f(b)(5). 

21See Securities Exchange Act Release No. 58705 

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

(SR–Amex–2008–63); and Securities Exchange Act 

Release No. 59480 (March 2, 2009), 74 FR 10109 

(March 9, 2009) (SR–NYSEALTR–2009–21). 

Broad Street, as well as in the corridor 

in front of the interior elevator bank 

inside of 18 Broad Street. Again, it is 

important to note that a member would 

need to re-enter the Trading Floor from 

these areas through a restricted access 

point (i.e. turnstiles or card swipe pads 

that electronically release locked doors 

to permit authorized entry).18

In addition, such usage would need to 

be consistent with all other Exchange 

Rules and/or Federal securities laws, 

including, but not limited to, the 

requirements of Securities Exchange Act 

Release Nos. 33–7288 and 34–37182, 

concerning the ‘‘Use of Electronic Media 

by Broker-Dealers, Transfer Agents, and 

Investment Advisers for Delivery of 

Information.’’ 19 The Exchange 

represents that it will issue a notice to 

members that will, inter alia, remind 

them of their obligations under these 

releases. Finally, the Exchange proposes 

corresponding technical amendments to 

Rule 36.20. 

In proposing this limited exception, 

the Exchange seeks to provide its 

members and member firm employees 

with a reasonable and comfortable space 

inside the physical confines of the 

Exchange’s buildings and facilities 

within which they may use their 

personal portable or wireless 

communication devices, without 

diminishing the ability to monitor and 

regulate their conduct. The Exchange 

believes that the distance afforded by 

allowing a DMM, for example, to use a 

personal portable or wireless 

communication device outside the 

turnstiles is, in essence, equivalent to 

requiring a DMM to leave the 

Exchange’s premises to do the same. 

Any time or place advantage to using 

such devices outside the turnstiles is 

significantly reduced by the fact that a 

DMM has no line of sight and no ability 

to hear trading activity on the Floor and 

the speed of electronic trading would 

likely render stale any information a 

DMM had prior to leaving his or her 

post on the Trading Floor. 

In addition, the proposed 

amendments do not change the current 

obligations of members and member 

firm employees to use their personal 

portable or wireless communication 

devices consistent with Exchange Rules 

and Federal securities laws. Floor 

brokers would still be limited to using 

only Exchange authorized and issued 

portable phones on the Equities Trading 

Floor and DMMs would still only be 

permitted to use registered telephone 

lines and/or wired or wireless devices at 

their posts, and all such devices and 

communications would continue to be 

regulated by the Exchange. All other 

usage of portable or wireless 

communication devices on the Equities 

Trading Floor would continue to be 

prohibited. 

Finally, the Exchange would still 

retain jurisdiction over its members and 

member firm employees to regulate 

conduct that is inconsistent with 

Exchange Rules and/or the Federal 

securities laws (e.g., trading ahead, 

insider trading, market manipulation). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

with, and further the objectives of, 

Section 6(b)(5) of the Act,20 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 Exchange believes that the 

proposed rule changes are consistent 

with these principles because they do 

not modify the current prescribed uses 

(and limitations thereof) of personal 

portable or wireless communications 

devices. Rather, they merely change 

where those devices may be used to 

reflect the reality of the current trading 

environment, in which any time and 

place advantage to using such devices 

outside the Equities Trading Floor and 

other restricted access areas is 

significantly reduced by the fact that a 

DMM or Floor broker has no line of 

sight or ability to hear trading activity 

on the Equities Trading Floor. The 

Exchange further believes that, given the 

current speed of Exchange systems and 

the marketplace, any information a 

DMM obtained prior to leaving his or 

her post would be rendered stale by the 

time the DMM is outside the turnstiles. 

As such, the location change for the use 

of personal portable or wireless 

communication devices in the current 

trading environment is consistent with 

the Exchange’s current regulatory 

controls governing the use of personal 

portable or wireless communication 

devices on the Floor, which were 

previously approved by the Commission 

or submitted by the Exchange for 

immediate effectiveness.21

The Exchange further believes that the 

proposal will permit Exchange members 

and member firm employees to, within 

the existing regulatory framework at the 

Exchange, efficiently and effectively 

conduct business on the Equities 

Trading Floor and engage in personal 

communications while off the Equities 

Trading Floor. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve the proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–2009–57 on 

the subject line. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 49431 

22 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. 

4Amendment No. 1 supersedes and replaces the 

original filing in its entirety. 

5The Commission notes that the rule text makes 

clear that personal portable or wireless 

communication devices can only be used outside of 

the Trading Floor and all other restricted access 

areas. 

6The Exchange’s corporate affiliate, NYSE Amex 

LLC (‘‘NYSE Amex’’), has submitted a companion 

filing. See SR–NYSE–Amex–2009–57. The 

Commission notes that the rule text makes clear 

that personal portable or wireless communication 

devices can only be used outside of the Trading 

Floor and all other restricted access areas. See supra 

note 5. 

7Prior to the implementation of a pilot program 

in 2003, Rule 36 prohibited, inter alia, the use of 

any portable or wireless communication devices on 

the Floor of the Exchange. In 2003, the Commission 

approved a six-month pilot program under NYSE 

Rule 36 for the use of portable phones by Floor 

brokers on the Floor of the Exchange, which was 

subsequently extended several times to June 30, 

Continued 

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–2009–57. 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 

Section, 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–2009–57 and 

should be submitted on or before 

October 19, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23305 Filed 9–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60691; File No. SR–NYSE– 

2009–84] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

New York Stock Exchange LLC, as 

Modified by Amendment No. 1, 

Amending NYSE Rule 36 To Permit the 

Use of Personal Portable or Wireless 

Communication Devices Off the 

Exchange Trading Floor and Outside 

Other Restricted Access Areas 

September 18, 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 

27, 2009, 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 Exchange. 

On September 17, 2009, the Exchange 

filed Amendment No. 1 to the proposed 

rule change.4 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 

NYSE Rule 36 (Communications 

Between Exchange and Members’ 

Offices) to permit the use of personal 

portable or wireless communication 

devices off the Exchange Trading Floor. 

Amendment No. 1 supersedes the 

original filing in its entirety. 

Amendment No. 1 serves to clarify in 

the rule text the specific areas where 

employees of member organizations are 

permitted to use personal portable or 

wireless communications devices.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. 

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 

This Amendment No. 1 to SR–NYSE– 

2009–84 supersedes and replaces the 

original filing in its entirety. 

The purpose of the proposed rule 

changes is to amend NYSE Rule 36 

(Communications Between Exchange 

and Members’ Offices) to permit the use 

of personal portable or wireless 

communication devices off the 

Exchange Trading Floor.6

Current Rule 36 

NYSE Rule 36 prohibits members and 

member organizations from establishing 

or maintaining any telephonic or 

electronic communication, including 

the usage of any portable or wireless 

communication devices (i.e. cellular 

phone, wireless pager, BlackBerryTM

etc.), between the Floor and any other 

location without prior Exchange 

approval. 

Under Rule 36, notwithstanding the 

general prohibition on the use of 

portable or wireless communication 

devices, Floor brokers may use 

Exchange authorized and issued 

portable phones on the Floor to 

communicate with both member firms 

and non-members off the Floor, subject 

to certain restrictions.7 Floor brokers 


srobinson on DSKHWCL6B1PROD with NOTICES