Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10325 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

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

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Commission has determined to 

waive the five-day pre-filing period in this case. 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6). 

10Nasdaq’s proposed rule change is substantially 

identical to a proposed rule change by the Chicago 

Board Options Exchange (‘‘CBOE’’) recently 

approved by the Commission. See Securities 

Exchange Act Release No. 59336 (February 2, 2009) 

(SR–CBOE–2008–127). 

11For 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). 

12 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. 

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. In 

particular, the proposed rule change 

will permit Nasdaq to make options on 

underlying securities available even if 

the price of the underlying security is 

less than $3 thus providing investors 

additional opportunities to hedge their 

positions. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

proposed rule change will impose any 

burden on competition not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 6 and Rule 19b– 

4(f)(6) thereunder.7

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 8 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 9

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. Nasdaq requests that the 

Commission waive the 30-day operative 

delay. The Commission notes that this 

proposed rule change is substantially 

identical to a proposed rule change that 

was approved by the Commission after 

an opportunity for public comment,10

and does not raise any new substantive 

issues. The Exchange believes that 

waiving the 30-day operative delay 

would advance similar rules for listing 

similar products on options exchanges 

and is essential for competitive 

purposes. For these reasons, the 

Commission believes that waiving the 

30-day operative delay 11 is consistent 

with the protection of investors and the 

public interest and designates the 

proposal operative upon filing. 

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–Nasdaq–2009–016 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–Nasdaq–2009–016. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of 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 publicly available. All 

submissions should refer to File 

Number SR–Nasdaq–2009–016 and 

should be submitted on or before March 

31, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4958 Filed 3–9–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59479; File No. SR–NYSE– 

2009–23] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Adopting New 

NYSE Rule 6A and Amending Existing 

NYSE Rule 36 Concerning the Use of 

Personal Portable or Wireless 

Communication Devices and the Use 

or Possession of Wireless Trading 

Devices On and Off the Exchange 

Trading Floor 

March 2, 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 March 2, 

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 Exchange. The 

Commission is publishing this notice to 

10326 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

4See Securities Exchange Act Release No. 58673 

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

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

(approving the Merger). 

5 15 U.S.C. 78f. 

6See Securities Exchange Act Release No. 58705 

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

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

Relocation). 

7See Securities Exchange Act Release No. 59142 

(December 22, 2008), 73 FR 80494 (December 31, 

2008) (SR–NYSEALTR–2008–14) (notice of filing 

for Options Relocation), as amended. 

8See NYSE Information Memo 08–66 (December 

22, 2008). 

9All members and member firm employees who 

use an authorized portable phone must execute a 

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 adopt new 

NYSE Rule 6A (‘‘Trading Floor’’) and 

amend existing NYSE Rule 36 

(Communications Between Exchange 

and Members’ Offices) concerning (i) 

the use of personal portable or wireless 

communication devices, and (ii) the use 

or possession of wireless trading devices 

on and off the Exchange Trading Floor. 

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 

changes is to adopt new NYSE Rule 6A 

(‘‘Trading Floor’’) and amend existing 

NYSE Rule 36 (Communications 

Between Exchange and Members’ 

Offices) concerning (i) the use of 

personal portable or wireless 

communication devices, and (ii) the use 

or possession of wireless trading devices 

on and off the Exchange Trading Floor. 

Background 

As described more fully in a related 

rule filing,4 the Exchange’s parent 

company, 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 American Stock Exchange 

LLC (‘‘Amex’’), a subsidiary of AMC, 

became a subsidiary of NYSE Euronext 

called NYSE Alternext U.S. LLC (‘‘NYSE 

Alternext’’), and continues to operate as 

a national securities exchange registered 

under Section 6 of the Act.5 The 

effective date of the Merger was October 

1, 2008. 

In connection with the Merger, on 

December 1, 2008, NYSE Alternext 

relocated all equities trading conducted 

on the NYSE Alternext legacy trading 

systems and facilities located at 86 

Trinity Place, New York, New York (the 

‘‘86 Trinity Trading Systems’’), to 

trading systems and facilities located at 

11 Wall Street, New York, New York 

(the ‘‘Equities Relocation’’).6 Similarly, 

effective March 2, 2009, NYSE Alternext 

will relocate all options trading 

conducted on the 86 Trinity Trading 

Systems to trading systems and facilities 

located at 11 Wall Street (the ‘‘Options 

Relocation’’).7

Upon the Options Relocation, the 

NYSE Alternext Options Trading Floor 

and the Exchange’s Trading Floor will 

be located in physically separate, 

adjacent rooms within the 11 Wall 

Street building. Access to the Trading 

Floors is restricted at each entrance by 

turnstiles and only authorized visitors, 

members or member firm employees are 

permitted to enter. Both Trading Floors 

will be managed and overseen by 

employees of the Exchange’s and NYSE 

Alternext’s corporate parent, NYSE 

Euronext. 

Proposed Rule Changes 

In order to accommodate the Options 

Relocation and the presence of the 

NYSE Alternext Options Trading Floor 

adjacent to the Exchange’s Trading 

Floor, the Exchange proposes the 

following rule changes. 

1. New NYSE Rule 6A (‘‘Trading Floor’’) 

Under NYSE Rule 6, the term ‘‘Floor’’ 

is defined as ‘‘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, and also means the telephone 

facilities available in these locations.’’ 

In addition, the Exchange has issued 

interpretive guidance that the ‘‘Floor’’ 

also includes the areas outside the 

‘‘Blue Line’’ (member and member 

organization booths adjacent to the 

trading Floor) and ‘‘any area reserved 

primarily for members, including the 

members’ lounges and the members’ 

bathrooms.’’ 8

The current definition of ‘‘Floor’’ 

under Rule 6 would, upon the Options 

Relocation, include the NYSE Alternext 

Options Trading Floor. This could lead 

to confusion under Exchange Rules 

when discussing the ‘‘Floor’’ and the 

‘‘Trading Floor’’. The Exchange 

therefore proposes to adopt a new Rule 

6A to define the term ‘‘Trading Floor’’ 

to make it clear that, within the area of 

the ‘‘Floor’’ of the Exchange as 

technically defined by Rule 6, there are 

distinct, restricted-access areas where 

trading is conducted by the Exchange on 

the one hand, and its corporate affiliate 

NYSE Alternext on the other. Under the 

new proposed Rule 6A, the term 

‘‘Trading Floor’’ means the restrictedaccess physical areas designated by the 

Exchange for the trading of securities, 

commonly known as the ‘‘Main Room’’ 

and the ‘‘Garage.’’ The Exchange’s 

Trading Floor does not include the areas 

where NYSE Alternext-listed options 

are traded, commonly known as the 

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

Room’’. For the purposes of the 

Exchange’s Rules, as well as this filing, 

these areas will be referred to as the 

‘‘NYSE Alternext Options Trading 

Floor’’. 

By adopting this new Rule, the 

Exchange seeks to prevent any 

confusion that may arise under 

Exchange Rules and to provide a more 

accurate description of the physical 

areas of the Floor where trading is 

actually conducted. In addition, as 

described below, this new Rule would 

also make it easier for the Exchange to 

define areas where certain conduct is or 

is not permitted by its members and 

member firm employees. 

2. Use of Personal Portable or Wireless 

Communication Devices 

NYSE Rule 36 currently prohibits, 

without prior Exchange approval, 

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. Under the 

Rule, Floor brokers and Registered 

Competitive Market Makers (‘‘RCMMs’’) 

may use Exchange authorized and 

issued portable phones on the Floor, 

subject to certain restrictions (see Rules 

36.20–.22).9 Designated Market Makers 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 10327 

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). 

10Prior to the implementation of a pilot program 

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

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, 

2008. See footnotes 5 through 7 in Securities 

Exchange Act Release No. 58068 (June 30, 2008), 73 

FR 39363 (July 9, 2008) (SR–NYSE–2008–20). In 

2006, the Exchange incorporated RCMMs into the 

pilot program. See id. footnotes 8 and 9. In July 

2008 the Commission approved the Exchange’s 

proposed amendments to Rule 36, making the pilot 

program permanent. See id. (order approving the 

amendments to Rule 36). 

11The Exchange’s Wireless Communications Plan 

governing the use of wireless handheld trading 

devices was previously approved by the 

Commission. See Securities Exchange Act Release 

No. 36156 (August 25, 1995), 60 FR 45756 

(September 1, 1995) (SR–NYSE–1995–22) and 

Securities Exchange Act Release No. 39379 

(December 1, 1997), 62 FR 64615 (December 8, 

1997) (SR–NYSE–1997–17). 

12Rule 70.30 defines the ‘‘Crowd’’ as ‘‘[t]he rooms 

on the Exchange Floor that contain active posts/ 

panels where Floor brokers are able to conduct 

business[.]’’ This is, essentially, the ‘‘Trading Floor’’ 

as defined in proposed Rule 6A. 

13Proposed Rule 36.70 is based on proposed 

NYSE Alternext Options Rules 902(g) and (h). See 

Securities Exchange Act Release No. 59142 

(December 22, 2008), 73 FR 80494 (December 31, 

2008) (SR–NYSEALTR–2008–14), as amended. 

NYSE Alternext has proposed similar prohibitions 

for its Equities members. See SR–NYSEALTR 2009– 

21 (formally submitted March 2, 2009). 

14 15 U.S.C. 78f(b)(5). 

15 15 U.S.C. 78k–1(a)(1). 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). 

(DMMs) may not use any portable or 

wireless communication devices on the 

Floor although they may, subject to 

restriction, maintain at their posts 

telephone lines and wired or wireless 

devices that are registered with the 

Exchange (see Rule 36.30). The use of 

all other portable or wireless 

communication devices on the Floor is 

prohibited.10

Although it would be prohibited 

under the current framework of Rule 36, 

to eliminate any potential confusion 

arising from the Options Relocation, the 

Exchange proposes to include a 

provision in Rule 36.23 that expressly 

prohibits members and member firm 

employees from using personal portable 

or wireless communications devices on 

the NYSE Alternext Options Trading 

Floor. However, those members and 

employees of member organizations that 

are also registered to trade options on 

NYSE Alternext will be permitted to use 

personal portable or wireless 

communications devices while on the 

NYSE Alternext Options Trading Floor 

in accordance with applicable NYSE 

Alternext Options rules and regulations. 

The Exchange also proposes 

corresponding amendments to Rules 

36.21 and.22 to provide that Floor 

brokers and RCMMs may not use an 

Exchange authorized and provided 

portable phone used to trade equities 

while on the NYSE Alternext Options 

Trading Floor, and including other 

technical changes. 

3. Use or Possession of Wireless Trading 

Devices 

Currently, Exchange members and 

member firm employees are permitted 

to use their Exchange approved 

handheld trading devices throughout 

the Trading Floor of the Exchange.11

Subject to certain exceptions, pursuant 

to Rules 70 and 117 Floor brokers are 

required to either cancel or transfer to 

another Floor broker their agency 

interest files if they leave the Crowd (as 

defined under Rule 70.30), and, unless 

transferred, any open orders will not be 

represented while the Floor broker is 

away from the Crowd.12

Upon the Options Relocation, the 

NYSE Alternext Options Trading Floor 

will be adjacent to the NYSE Trading 

Floor. Thus, in order to address 

concerns regarding improper 

information sharing between the 

Exchange’s Trading Floor and the NYSE 

Alternext Options Trading Floor, the 

Exchange proposes to adopt Rule 36.70 

to prohibit Exchange members and 

member firm employees from (i) using 

or possessing any wireless trading 

device that may be used to view or enter 

orders into the Exchange’s trading 

systems while on the NYSE Alternext 

Options Trading Floor, and (ii) using or 

possessing any wireless trading device 

that may be used to view or enter orders 

into the NYSE Alternext Options trading 

systems while on the Exchange’s 

Trading Floor. These prohibitions 

would apply to any and all wireless 

trading devices, including devices 

issued by the Exchange or NYSE 

Alternext, as well as devices that are 

proprietary to a member, member 

organization or other entity.13

These proposed amendments would 

not change the current regulatory 

framework within which members and 

member firm employees may use their 

wireless trading devices. Members and 

member firm employees would still be 

limited to using Exchange approved 

wireless trading devices and would still 

be required to cancel or transfer their 

agency interest files in accordance with 

Rules 70 and 117 if they leave the 

Crowd/Trading Floor. 

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 Securities 

Exchange Act of 1934 14 (the ‘‘Act’’), in 

that they are designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. The proposed rule 

changes also support the principles of 

Section 11A(a)(1) 15 of the Act in that 

they seek to ensure the economically 

efficient execution of securities 

transactions and fair competition among 

brokers and dealers and among 

exchange markets. 

The Exchange believes that the 

proposed rule changes will permit the 

Exchange and NYSE Alternext Options 

members and member firm employees 

to, within the existing regulatory 

framework at the Exchange, efficiently 

and effectively conduct business on 

their respective Trading Floors and 

engage in personal communications 

while off the Trading Floors consistent 

with maintaining necessary distinctions 

between the two self-regulatory 

organizations. Moreover, the proposed 

rule changes will impose restrictions 

designed to prevent inappropriate 

information sharing by and between 

members and member firm employees 

on the Trading Floors of the Exchange 

and its affiliate NYSE Alternext. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 16 and Rule 19b–4(f)(6) 

thereunder 17 because the foregoing 

proposed rule: (1) Does not significantly 

affect the protection of investors or the 

10328 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Notices 

18 In addition, Rule 19b–4(f)(6)(iii) requires the 

self-regulatory organization to give the Commission 

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. NYSE has satisfied this requirement. 

19See Securities Exchange Act Release No. 59142 

(December 22, 2008), 73 FR 80494 (December 31, 

2008) (SR–NYSEALTR–2008–14), as amended. 

20See Securities Exchange Act Release No. 58068 

(June 30, 2008), 73 FR 39363 (July 9, 2008) (SR– 

NYSE–2008–20). 

21See Securities Exchange Act Release No. 36156 

(August 25, 1995), 60 FR 45756 (September 1, 1995) 

(SR–NYSE–1995–22) and Securities Exchange Act 

Release No. 39379 (December 1, 1997), 62 FR 64615 

(December 8, 1997) (SR–NYSE–1997–17). 

22See Securities Exchange Act Release No. 58092 

(July 3, 2008), 73 FR 40143 [sic] (July 11, 2008) 

(concerning 17 CFR 200 and 241). 

23For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

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

24 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

public interest; (2) does not impose any 

significant burden on competition; and 

(3) does not become operative for 30 

days after the date of filing, or such 

shorter time as the Commission may 

designate if consistent with the 

protection of investors and the public 

interest.18 The Exchange believes that 

this filing is non-controversial because 

it is consistent with the NYSE 

Alternext’s filing implementing the 

Options Relocation,19 as well as the 

Exchange’s current regulatory controls 

governing the use of personal portable 

or wireless communications devices 20

and wireless trading devices,21 which 

were approved by the Commission. 

Accordingly, the Exchange believes that 

these rule changes are eligible for 

immediately effective treatment under 

the Commission’s Streamlining Order.22

The Exchange has asked the 

Commission to waive the 30-day 

operative delay and designate the 

proposed rule change as operative upon 

filing so that the proposed rule changes 

may become effective upon filing and 

operative on the date of the Options 

Relocation, currently scheduled for 

March 2, 2009. The Commission hereby 

grants the Exchange’s request.23 The 

Commission believes that such action is 

consistent with the protection of 

investors and the public interest 

because the Exchange’s proposal would 

clarify the Exchange’s policies 

governing the use of personal portable 

or wireless communication devices as 

well as wireless trading devices. This 

clarification is necessitated by the 

Options Relocation. 

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–2009–23 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2009–23. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of 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 publicly available. All 

submissions should refer to File 

Number SR–NYSE–2009–23 and should 

be submitted on or before March 31, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.24

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4959 Filed 3–9–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59483; File No. SR–NYSE– 

2009–22] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify 

Certain Equity Transaction Fees and 

Rebates 

March 2, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on February 

27, 2009, the 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, II and III below, which Items 

have been prepared by the Exchange. 

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 make a 

number of changes to its schedule of 

equity transaction fees and rebates, with 

effect from March 1, 2009. The text of 

the proposed rule change is available on 

the Exchange’s Web site (http:// 

www.nyse.com), at the Exchange’s 

Office of the Secretary, 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 

Exchange 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 these 

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