13278 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Release No. 54767 

(November 16, 2006), 71 FR 67680 (November 22, 

2006) (SR–NYSE–04–69). 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78a 

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

from section 9(a) of the Act requested 

pursuant to the application or the 

revocation or removal of any temporary 

exemptions granted under the Act in 

connection with the application. 

Temporary Order: 

The Commission has considered the 

matter and finds that the Applicants 

have made the necessary showing to 

justify granting a temporary exemption. 

Accordingly, 

It is hereby ordered, pursuant to 

section 9(c) of the Act, that Applicants 

and any other Covered Persons are 

granted a temporary exemption from the 

provisions of section 9(a), solely with 

respect to the Injunction, subject to the 

condition in the application, from 

March 19, 2009, until the Commission 

takes final action on their application 

for a permanent order. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6655 Filed 3–25–09; 8:45 am] 

BILLING CODE 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59608; File No. SR–NYSE– 

2009–31] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

New York Stock Exchange LLC 

Amending the Listed Company Manual 

Section 902.08 To Establish an Initial 

Listing Fee and an Annual Listing Fee 

for Securities Listed Under Section 

102.03 and Traded on the NYSE Bonds 

System 

March 19, 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 

16, 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 selfregulatory 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 the 

Listed Company Manual (the ‘‘Manual’’) 

Section 902.08 to establish an initial 

listing fee and an annual listing fee for 

all securities listed under Section 

102.03 and traded on NYSE BondsSM 

system (‘‘NYSE Bonds’’). The text of the 

proposed rule change is available on the 

Exchange’s Web site (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, 

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 Exchange proposes to amend the 

Listed Company Manual (the ‘‘Manual’’) 

Section 902.08 to establish an initial 

listing fee and an annual listing fee for 

all securities listed under Section 

102.03 and traded on NYSE BondsSM 

system (‘‘NYSE Bonds’’). Specifically, 

the Exchange seeks to implement an 

initial listing fee of $5,000 and an 

annual listing fee of $5,000 for the 

securities listed in Section 102.03 of the 

Manual. 

I. Background 

Currently, the Exchange imposes a 

$15,000 listing fee for bonds and other 

fixed income debt securities that list on 

the Exchange pursuant to Section 

102.03 of the Manual. Specifically, the 

Exchange charges the $15,000 listing fee 

to non-NYSE issuers. 

NYSE issuers, however, are not 

charged any listing fee for these bonds 

and other fixed income debt securities. 

In November 2006, the Exchange filed a 

proposed rule change establishing rules 

for the trading of unlisted debt 

securities on NYSE Bonds.4

Specifically, this filing established 

NYSE Rules 1400 and 1401 in 

connection with the NYSE Exemption 

Request. As a result of the November 

2006 rule filing, NYSE issuers were 

permitted to trade their unlisted bonds 

on the Exchange. Non-NYSE issuers, 

however, would not be permitted to 

trade their bonds on NYSE Bonds unless 

they were listed on the Exchange. 

II. Proposed Amendments 

The Exchange now proposes to amend 

the listing fees for NYSE and non-NYSE 

issuers. Under amended Section 902.08 

of the Manual, the initial listing fee for 

non-NYSE issuers of bonds and other 

fixed income debt securities that list on 

the Exchange pursuant to Section 

102.03 of the Manual will be a flat fee 

of $5,000. The annual listing fee for 

these bonds and other fixed income debt 

securities will also be $5,000.00. If an 

NYSE issuer opts to have its bonds or 

other fixed income debt securities listed 

on the Exchange, the NYSE issuer will 

be subject to the $5,000 initial listing fee 

and $5,000 annual listing fee. These fees 

will cover administrative and regulatory 

costs incurred by the Exchange. If an 

NYSE issuer does not choose to have its 

bonds or other fixed income debt 

securities listed on the Exchange, then 

the NYSE issuer is exempt from paying 

any listing fees but may still trade its 

bonds on the Exchange. 

Because revenue is needed to pay for 

the operation and regulation of these 

listings, the Exchange has determined 

that the proposed $5,000 initial and 

$5,000 annual listing fees provide an 

attractive pricing strategy to its 

customers and is sufficient for covering 

the Exchange’s costs to provide its 

services to the issuers. 

U.S. Government issues are exempt 

from securities registration under the 

Securities and Exchange Act of 1934. 

Because these U.S. Government issues 

are not subject to the Acts’ listing 

requirements, the Exchange is not 

required to perform an administrative 

and regulatory review of these listed 

bonds. Accordingly, U.S. Government 

issues will continue to list on the 

Exchange free of charge, as set forth in 

Section 902.08 of the Manual. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 5 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 6 in general and Section 6(b)(4) of 

the Act 7 in particular, in that it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. The 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices 13279 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

Exchange believes that the proposed 

initial and annual listing fees for all 

securities listed under Section 102.03 

and traded on NYSE Bonds are 

reasonable to cover the costs incurred 

for the administrative and regulatory 

services provided by the Exchange. 

These fees are applicable to both NYSE 

and non-NYSE issuers that seek to have 

their Section 102.03 bonds or securities 

listed 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. 

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–NYSE–2009–31 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–2009–31. 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 the 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 No. SR–NYSE– 

2009–31 and should be submitted on or 

before April 16, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6720 Filed 3–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59603; File No. SR– 

NYSEArca–2009–21] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Arca, Inc. Amending Rule 6.62 To 

Provide Additional Order Types 

March 19, 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 March 10, 

2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘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 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 amend 

Rule 6.62 to provide additional order 

types which will give investors greater 

control over the circumstances in which 

their orders are executed. Changes to the 

rule text are shown in the attached 

Exhibit 5. A copy of this filing 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, 

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 this proposed rule 

change is to provide additional order 

types which will give market 

participants greater control over the 

circumstances in which their orders are 

executed. 

NYSE Arca’s options market has a 

price-time priority market structure, 

with automated routing if an incoming 

order is marketable against the National 

Best Bid/Offer (‘‘NBBO’’), but not 

immediately marketable on the 

Exchange. While the Exchange 

considers this to be a highly desirable 

market structure, some investors and 

market participants wish to provide