51636 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

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

9 17 CFR 240.19b–4(f)(6). 

10 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires that a self-regulatory 

organization 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. 

11 Id. 

12See SR–NYSEArca–2009–87, Item 7. 

13For the purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

14 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. 

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 rule change 

does not: (1) Significantly affect the 

protection of investors or the public 

interest; (2) impose any significant 

burden on competition; and (3) become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

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

4(f)(6) thereunder.9

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.10 However, Rule 19b– 

4(f)(6)(iii) 11 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Exchange notes that the 

proposal will allow the Exchange to 

continue receiving inbound routes of 

equities orders from Arca Securities, in 

a manner consistent with prior 

approvals and established protections, 

while also permitting the Exchange and 

the Commission to assess the impact of 

the pilot.12 The Commission believes 

that waiving the 30-day operative delay 

is consistent with the protection of 

investors and the public interest 

because such waiver would allow the 

pilot period to be extended without 

interruption through December 31, 

2009. For this reason, the Commission 

designates the proposed rule change to 

be operative upon filing with the 

Commission.13

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–NYSEArca–2009–87 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–NYSEArca–2009–87. 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– 

NYSEArca–2009–87 and should be 

submitted on or before October 28, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24133 Filed 10–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60755; File No. SR–NYSE– 

2009–99] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Amending NYSE 

Rule 103B to: (1) Codify the 

Exchange’s Existing Practice That 

Renders Designated Market Marker 

Units Ineligible To Interview for 

Securities That Are Directly Related to 

the Performance or Credit of Any of 

the DMM’s Affiliated Entities; (2) Define 

‘‘Related Security’’ for Purposes of 

NYSE Rule 103B; (3) Provide That all 

Related Securities Listed Under 

Section 703.19 of the Exchange’s 

Listed Company Manual Will Be 

Automatically Assigned to the 

Designated Market Maker Unit; (4) 

Define Repackaged Security for 

Purposes of NYSE Rule 103B, and 

Provide That Repackaged Securities 

are Allocated Through the Allocation 

Process Pursuant to NYSE Rule 103B 

September 30, 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 

September 25, 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 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. 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51637 

4See NYSE Rule 103B, Section III. 

5NYSE Rule 103B, Section VI, currently does not 

provide a definition of the term ‘‘related security.’’ 

6See NYSE Rule 103B, Section VI(A)(2). 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

NYSE Rule 103B (‘‘Security Allocation 

and Reallocation’’) to: (1) Codify the 

Exchange’s existing practice that 

renders Designated Market Marker 

(‘‘DMM’’) units ineligible to interview 

for securities that are directly related to 

the performance or credit of any of the 

DMM’s affiliated entities; (2) define 

‘‘related security’’ (‘‘Related Security’’) 

for purposes of NYSE Rule 103B; (3) 

provide that all Related Securities listed 

under Section 703.19 of the Exchange’s 

Listed Company Manual will be 

automatically assigned to the 

Designated Market Maker unit (‘‘DMM 

unit’’) that is assigned the related equity 

security unless the issuer affirmatively 

requests the Related Security be 

allocated pursuant to NYSE Rule 103B, 

Section III; (4) define repackaged 

security (‘‘Repackaged Security’’), for 

purposes of NYSE Rule 103B, and 

provide that Repackaged Securities are 

allocated through the allocation process 

pursuant to NYSE Rule 103B, Section 

III; and (5) include inadvertently 

omitted rule text as well as make 

conforming changes to the rule text. 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 

The New York Stock Exchange LLC 

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

amend NYSE Rule 103B (‘‘Security 

Allocation and Reallocation’’) to: (1) 

Codify the Exchange’s existing practice 

that renders Designated Market Maker 

(‘‘DMM’’) units ineligible to interview 

for securities that are directly related to 

the performance or credit of any of its 

affiliated entities; (2) define ‘‘Related 

Security’’ for purposes of NYSE Rule 

103B; (3) provide that all Related 

Securities listed under Section 703.19 of 

the Exchange’s Listed Company Manual 

(‘‘Manual’’) will be automatically 

assigned to the DMM unit that is 

assigned the related equity security 

unless the issuer affirmatively requests 

the Related Security be allocated 

pursuant to NYSE Rule 103B, Section 

III; (4) define ‘‘Repackaged Security,’’ 

for purposes of NYSE Rule 103B, and 

provide that Repackaged Securities are 

allocated through the allocation process 

pursuant to NYSE Rule 103B, Section 

III; and (5) include inadvertently 

omitted rule text as well as make 

conforming changes to the rule text. 

I. Background 

A. Listing of ‘‘Other Securities’’ 

Section 703.19 of the Manual (‘‘Other 

Securities’’) is the listing standard 

pursuant to which the NYSE lists any 

securities that do not qualify for listing 

under any of the standards specific to 

securities of a particular class. The 

general categories of securities that are 

currently listed under Section 703.19 

are: (1) Capital securities; (2) retail debt 

securities; (3) mandatory convertible 

securities; and (4) Repackaged 

Securities. These securities may be 

issued by listed companies and their 

affiliated entities as well as qualified 

non-listed companies and their 

affiliated entities. 

Capital securities are hybrid securities 

with characteristics of both debt and 

preferred stock. Generally, these 

securities pay regular dividend or 

interest payments and have very long 

maturities or are perpetual in nature. 

Capital securities may be issued directly 

by the listed company or a subsidiary 

thereof, or by a trust which holds debt 

of the company or its subsidiary, such 

as trust preferred securities. 

Mandatory convertible securities are 

hybrid securities that entitle the holder 

to periodic payments on the amount 

invested until a specified conversion 

date, at which time the security converts 

into shares of the listed company 

according to a disclosed formula. 

Mandatory convertibles typically 

mature in 3–5 years. 

Retail debt securities are corporate 

debt securities that are assigned to a 

DMM unit for trading (as opposed to 

trading on NYSE Bonds), typically with 

face amounts of $50, $25 or $10. Retail 

debt securities pay a fixed rate of 

interest and typically have long 

maturity dates of 30+ years. 

Repackaged Securities are issued by a 

special purpose entity which is 

established for the purpose of issuing 

such securities and using the proceeds 

to purchase debt or preferred equity 

securities. Repackaged Securities 

represent an undivided beneficial 

interest in the debt or preferred equity 

securities held by the special purpose 

entity. These securities also pay interest 

(either fixed or floating) and typically 

have long maturity dates of 30+ years. 

B. Assignment of ‘‘Other Securities’’ to 

DMM Units 

NYSE Rule 103B governs the 

allocation of securities to a qualified 

DMM unit when: (1) A security is to be 

initially listed on the Exchange; and (2) 

a security previously assigned to a DMM 

member organization must be reassigned.4

The allocation of securities that are 

related to initially listed securities is 

governed by NYSE Rule 103B, Section 

VI, entitled ‘‘Policy Notes.’’ Pursuant to 

the provisions of the rule, the issuer 

may choose whether to have its related 

security 5 assigned to the DMM unit 

responsible for trading its listed equity 

security or referred for allocation 

through the formal allocation process 

and then must advise the Exchange of 

that decision. 

In contrast, warrants on the Exchange 

are automatically assigned to the DMM 

unit trading the underlying security 

unless the listed company specifically 

requests the warrant be referred for 

allocation through the formal allocation 

process.6

Regardless of the method of 

allocation, current NYSE practice 

restricts DMM units from interviewing 

to be the assigned DMM unit or being 

allocated a security that is directly 

related to the performance or credit of 

any of its affiliated entities. DMMs units 

are not, however, restricted from 

interviewing to be the assigned DMM 

unit or being allocated a Repackaged 

Security issued by an affiliated entity 

because such products have no direct 

relation to the performance or credit of 

the issuing entity. However, if that 

Repackaged Security is based on an 

underlying debt security of an affiliated 

entity of the DMM unit, the DMM unit 

will be precluded from interviewing to 

be the assigned DMM unit or being 

allocated the Repackaged Security based 

on the underlying debt security of the 

affiliated entity of such DMM unit. 

Neither practice is currently codified in 

NYSE Rules. 


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51638 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

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

II. Proposed Amendments 

The Exchange proposes to clarify and 

streamline the allocation process for 

securities listed under Section 703.19 of 

the Manual. Specifically, the Exchange 

seeks to include a definition of ‘‘Related 

Security’’ in proposed NYSE Rule 103B, 

Section VI(A)(2) and to set forth 

allocation procedures for Related 

Securities. For purposes of this rule, the 

term ‘‘Related Security’’ shall be defined 

as: (i) Any security listed on the 

Exchange issued by a company whose 

common equity securities are listed on 

the Exchange, other than such common 

equity securities; and (ii) any security 

listed on the Exchange by any issuer 

affiliated with a company whose 

common equity securities are listed on 

the Exchange. Related Securities of 

either a listed company whose common 

equity securities are listed on the 

Exchange or of an affiliated entity of 

such listed company include, but are 

not limited to, securities listed under 

NYSE Listed Company Manual Section 

703.19 (except for Repackaged 

Securities). 

The Exchange further proposes to 

amend Section VI of NYSE Rule 103B to 

have Related Securities allocated in the 

same manner as warrants listed on the 

Exchange. Pursuant to proposed Section 

VI(A)(6) of NYSE Rule 103B, the 

Exchange will automatically assign the 

Related Security to the DMM unit that 

trades the related equity security unless 

the issuer or affiliated entity 

affirmatively requests to have the 

Related Security assigned to a DMM 

unit through the formal allocation 

process as set forth in NYSE Rule 103B, 

Section III. The current rule which 

requires issuers to make a determination 

in this regard, places an unnecessary 

burden on issuers of Related Securities 

because an issuer may create and list 

multiple Related Securities throughout 

the year. The need for the issuer to 

advise the Exchange of its determination 

creates potential time delay in the 

allocation and trading of Related 

Securities on the Exchange. The 

Exchange believes that the proposed 

process will alleviate this burden and 

time delay. 

Further, pursuant to proposed Section 

VI(A)(7) of NYSE Rule 103B, if an issuer 

or any affiliated entity does not have an 

equity security listed on the Exchange, 

but does have a security listed on the 

Exchange that was approved for original 

listing under Section 703.19 of the 

Manual (except for a Repackaged 

Security), the Exchange will 

automatically assign any security 

subsequently listed under Section 

703.19 (except for a Repackaged 

Security) of that issuer or affiliated 

entity to the DMM unit trading the 

previously listed security, unless the 

issuer or affiliated entity affirmatively 

requests to have any such subsequently 

listed security assigned to a DMM unit 

through the formal allocation process as 

set forth in NYSE Rule 103B, Section III. 

To further alleviate burdens on the 

issuer related to the allocation of 

Related Securities, the Exchange 

proposes to amend Section VI(A)(4) of 

NYSE Rule 103B to provide that DMM 

units that are ineligible to receive a new 

allocation due to their failure to meet 

the requirements of Rule 103B, Section 

II(D) and (E) will remain eligible to 

receive the securities of a spin-off 

company and of Related Securities and 

Repackaged Securities where the DMM 

unit trades the related common equity 

security. The Exchange believes that 

this is appropriate because re-assigning 

the Related Securities of an equity 

security currently being traded by the 

DMM unit is disadvantageous and 

burdensome to the issuer that has 

already established a relationship with 

the DMM unit. The Exchange believes 

that most issuers prefer to have one 

point of contact to obtain information 

about the trading activity in the issuer’s 

securities. Assignment of a Related 

Security to another DMM unit increases 

the administrative burdens on the issuer 

in obtaining trading information related 

to its securities. If the issuer chooses, it 

still may request to have the Related 

Security assigned to a DMM unit 

through the formal allocation process as 

set forth in NYSE Rule 103B, Section III. 

Additionally, the Exchange proposes 

to codify in Section II (‘‘Eligibility for 

Allocation’’) of NYSE Rule 103B, 

subparagraph (K), its existing practice of 

prohibiting a DMM unit from 

interviewing to be the assigned DMM 

unit or being allocated a security that is 

directly related to the performance or 

credit of any of its affiliated entities. 

The Exchange will not, however, 

prohibit a DMM unit from acting as the 

DMM unit for Repackaged Securities 

issued by an affiliated entity that bear 

no direct relation to the performance or 

credit of the issuing entity or any other 

affiliate of the DMM unit. 

Example #1: Bank A is the parent 

company of DMM unit Y. 

Bank A creates a Repackaged Security 

representing interests in an underlying 

debt security of XYZ Company that is 

not related to Bank A or DMM unit Y. 

DMM unit Y will not be precluded from 

interviewing to be the assigned DMM 

unit or being allocated the Repackaged 

Security based on the underlying debt 

security of XYZ Company. 

Example #2: However, assuming the 

same scenario above, Bank N, which is 

not affiliated with Bank A or DMM unit 

Y, creates a Repackaged Security based 

on an underlying debt security of Bank 

A. DMM unit Y will be precluded from 

interviewing to be the assigned DMM 

unit or being allocated the Repackaged 

Security created by Bank N based on the 

underlying debt security of Bank A. 

In Example #1, DMM unit Y will not 

be precluded from interviewing to be 

the assigned DMM unit or being 

allocated the Repackaged Security based 

on the underlying debt security of XYZ 

Company because that Repackaged 

Security bears no direct relation to the 

performance or credit of Bank A. The 

Exchange notes that the Repackaged 

Security will be fully funded at the time 

of creation and the issuer of the 

Repackaged Security is not reliant on 

the continued solvency of Bank A to be 

able to comply with all of its obligations 

to the holders of the Repackaged 

Securities. 

In Example #2, DMM unit Y will be 

precluded from interviewing to be the 

assigned DMM unit or being allocated to 

trade the Repackaged Security because 

that Repackaged Security was created 

based on an underlying debt security of 

Bank A and therefore has a direct 

relation to the credit and performance of 

Bank A. 

The Exchange also seeks to amend 

NYSE Rule 103B to include 

inadvertently omitted rule text. 

Specifically, Section VI(A) governs spinoffs, listing of related companies and 

listing of related securities. However, 

the words ‘‘related security’’ are 

inadvertently omitted from the actual 

text of the rule. Through this filing, the 

Exchange seeks to correct this oversight 

and include the words ‘‘related 

security’’ in the body of NYSE Rule 

103B, Section VI(A). Finally, the 

Exchange seeks to amend NYSE Rule 

103B, Section VI(2) regarding allocation 

of warrants. In order to keep the 

language consistent through this 

section, the Exchange proposes to 

replace the word ‘‘traded’ with the word 

‘‘listed.’’ 

III. Conclusion 

The Exchange submits that the 

amendments proposed herein are 

reasonable and necessary to clarify the 

operation of NYSE Rule 103B and 

streamline the allocation process. 

2. Statutory Basis 

The basis under the Act for the 

proposed rule change is the requirement 

under Section 6(b)(5),7 which requires 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51639 

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

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19–b– 

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 this 

requirement. 

10 17 CFR 240.19b–4(f)(6). 

11 Id. 

12For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

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. 

that an exchange have rules that are 

designed to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, 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 amendments are 

consistent with these objectives because 

the changes will alleviate impediments 

in the administrative process of 

assigning Related Securities to DMM 

units which ultimately facilitates the 

fair and orderly trading in those 

securities. 

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 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) 8 of the Act and Rule 19b– 

4(f)(6) thereunder.9

A proposed rule change filed under 

Rule 19b–4(f)(6) under the Act 10

normally does not become operative 

prior to 30 days after the date of the 

filing. However, pursuant to Rule 

19b4(f)(6),11 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 that waiving the 

30-day operative delay 12 is consistent 

with the protection of investors and the 

public interest because such waiver will 

permit the Exchange to avoid any 

continuing confusion regarding the 

application of NYSE Rule 103B, as well 

as immediately allow a Related Security 

to be assigned to the DMM unit that is 

assigned the related equity security, 

unless the issuer affirmatively requests 

the Related Security to be allocated 

pursuant to NYSE Rule 103B. 

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–2009–99 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–2009–99. 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 20549–1090 on official business 

days between the hours of 10 a.m. and 

3 p.m. Copies of such filing will also be 

available for inspection and copying at 

the NYSE’s principal office and on its 

Internet Web site at http:// 

www.nyse.com. 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– 

2009–99 and should be submitted on or 

before October 28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24085 Filed 10–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60758; File No. SR– 

NYSEAmex–2009–65] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Extending the Operation of 

Its New Market Model Pilot Until the 

Earlier of Securities and Exchange 

Commission Approval To Make Such 

Pilot Permanent or November 30, 2009 

October 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 

September 30, 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 


erowe on DSK5CLS3C1PROD with NOTICES