9856 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

24See NYSE Alternext Equities Rule 17(b). In 

addition, the books and records of ArcaSec, as a 

facility of the Exchange, will be subject at all times 

to inspection and copying by the Exchange and the 

Commission. Id. 

25See supra note 8. 

26See SR–NYSEALTR–2009–18, Item 7. 

27 Id. 

28See, e.g., Securities Exchange Act Release 

Nos.52497, 55590, and 59009, supra note 4. 

29 15 U.S.C. 78s(b)(2). 

30 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78f(b). 

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

otherwise approved by the Commission. 

Also, the books, records, premises, 

officers, agents, directors and employees 

of ArcaSec, as a facility of NYSE 

Alternext, will be deemed to be those of 

the Exchange for purposes of and 

subject to oversight pursuant to the 

Act.24 In addition, use of ArcaSec to 

route options orders from NYSE 

Alternext to away market centers is 

optional, and a NYSE Alternext member 

is free to route orders to other market 

centers through alternative means. The 

Commission also notes that ArcaSec 

will not route options orders to any 

affiliated market, unless such market 

has in place rules that authorize it to 

receive such routed options orders from 

its broker-dealer affiliate.25

In light of the protections discussed 

above and contained in NYSE Alternext 

Equities Rule 17, the Commission 

believes that it is consistent with the 

Act to permit NYSE Alternext to use its 

affiliate, ArcaSec, as its Routing Broker, 

as proposed. 

NYSE Alternext has asked the 

Commission to accelerate approval of 

the proposed rule change. NYSE 

Alternext states that accelerated 

approval ‘‘will permit the Exchange to 

establish and implement mechanisms to 

remain fully compliant with its best 

execution obligations and other 

Exchange rules immediately upon 

implementation of its new electronic 

trading system and in conjunction with 

the opening of its new trading floor at 

11 Wall Street.’’ 26 NYSE Alternext notes 

that it ‘‘intends to implement its new 

trading system and open its new trading 

floor on February 9, 2009.’’ 27 The 

Commission finds good cause for 

approving the proposed rule change 

before the thirtieth day after the date of 

publication of notice of filing thereof in 

the Federal Register. The Commission 

notes that NYSE Alternext’s proposal to 

use ArcaSec as its outbound order 

routing facility is consistent with prior 

Commission action.28 Accordingly, the 

Commission finds good cause, 

consistent with Section 19(b)(2) of the 

Act,29 to approve the proposed rule 

change on an accelerated basis. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–NYSEALTR– 

2009–18) is hereby approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.30

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4779 Filed 3–5–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59481; File No. SR– 

NYSEALTR–2009–20] 

Self-Regulatory Organizations; NYSE 

Alternext US, LLC; Notice of Filing and 

Order Granting Accelerated Approval 

of Proposed Rule Change as Modified 

by Amendment No. 1 Amending Its 

Schedule of Fees and Charges for 

Exchange Services 

March 2, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on February 

27, 2009, NYSE Alternext US LLC 

(‘‘NYSE Amex Options’’ 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. On March 2, 2009, the 

Exchange filed Amendment No. 1 to the 

proposed rule change. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change, 

as amended, from interested persons 

and is approving the proposed rule 

change, as modified by Amendment No. 

1, on an accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

Schedule of Fees and Charges for 

Exchange Services. The text of the new 

Schedule is available on the Exchange’s 

Web site at http://www.nyse.com, at the 

Exchange’s principal office and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item III 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 purpose of this filing is to amend 

the existing Fee Schedule in order to 

reduce the Linkage Fee rates that are 

currently applied from $0.60 to $0.50. 

The proposed $0.50 fee will match the 

$0.50 fee charged to Broker Dealers 

executing electronic orders on the 

Exchange. All Linkage orders executed 

on the Exchange will be executed 

electronically. Absent this filing, orders 

that access the Exchange via Linkage 

will be charged more than similar 

electronic transactions on the Exchange. 

The Exchange plans to implement the 

new Fee Schedule on the first day of 

trading on the new NYSE Amex Options 

trading floor at 11 Wall Street, currently 

scheduled for March 2, 2009. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act,3 in general, and Section 

6(b)(4),4 in particular, in that it provides 

for the equitable allocation of reasonable 

dues, fees and other charges among its 

members and other persons using its 

facilities for the purpose of executing 

Linkage orders that are routed to the 

Exchange from other market centers. 

This proposal decreases the Linkage Fee 

for Users. Absent this filing, orders that 

access the Exchange via Linkage will be 

charged more than similar electronic 

transactions executed on the Exchange. 

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. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9857 

5 In approving this rule, the Commission notes 

that it has considered its impact on efficiency, 

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

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(2). 

9See SR–NYSEALTR–2009–19. 

10 15 U.S.C. 78s(b)(2). 

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. 

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. 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–NYSEALTR–2009–20 on 

the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NYSEALTR–2009–20. 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 the filing will also be 

available for inspection and copying at 

NYSE Amex Options’ 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– 

NYSEALTR–2009–20 and should be 

submitted on or before March 27, 2009. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirement of the Act and the rules and 

regulations thereunder applicable to a 

national securities exchange 5 and, in 

particular, with the requirements of 

Section 6(b) of the Act.6 In particular, 

the Commission finds that the 

Exchange’s proposal is consistent with 

Section 6(b)(4) of the Act,7 which 

requires that the rules of the Exchange 

provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and other persons 

using its facilities. The Commission 

notes that the proposal conforms 

Linkage Fees to those fees charged on 

other electronic broker-dealer 

executions. 

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the Act,8

for approving the proposed rule change 

prior to the 30th day after the date of 

publication of the notice of the filing 

thereof in the Federal Register. The 

Commission notes that this proposed 

rule change seeks to lower the Linkage 

Fees from $0.60 to $0.50 to match the 

$0.50 fee charged to Broker Dealers 

executing electronic orders on the 

Exchange. Absent this filing, orders that 

access the Exchange via Linkage will be 

charged more than similar electronic 

transactions executed on the Exchange.9

Further, this proposed fee structure is 

similar to that of NYSE Arca Options. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act 10 that the 

proposed rule change (SR–NYSEALTR– 

2009–20), as amended by Amendment 

No. 1, is hereby approved on an 

accelerated basis to be effective on 

March 2, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4777 Filed 3–5–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59478; File No. SR– 

NYSEALTR–2009–19] 

Self-Regulatory Organizations; NYSE 

Alternext US, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending Schedule of 

Fees and Charges for Exchange 

Services 

February 27, 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 February 

27, 2009, NYSE Alternext US, LLC 

(‘‘NYSE Amex Options’’, ‘‘NYSE 

Amex’’, or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially 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 amend its 

Schedule of Fees and Charges for 

Exchange Services. The text of the 

proposed rule change is available on the 

Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

mstockstill on PROD1PC66 with NOTICES