Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 17241 

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

2 17 CFR 240.19b–4. 

3Qualification for the different tiers of liquidity 

credits will be based on the SLP’s aggregate average 

daily trading volume in the applicable month in all 

NYSE listed securities. See e-mail from John Carey, 

Chief Counsel—U.S. Equities, NYSE Euronext, to 

Nathan Saunders, Special Counsel, and Brian 

O’Neill, Attorney, Division of Trading and Markets, 

Commission, dated April 2, 2009. 

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

5 15 U.S.C. 78f(b)(4). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28650A; 812–13538] 

ING Investments, LLC, et al.; Notice of 

Application; Correction 

Correction 

In the Federal Register of March 24, 

2009, in FR Doc. E9–6391, on page 

12407 of volume 74, in the second 

column, the date should read March 17, 

2009. 

Dated: April 8, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8427 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a closed meeting 

on Thursday, April 16, 2009 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the closed meeting. 

Commissioner Walter, as duty officer, 

voted to consider the items listed for the 

closed meeting in closed session. 

The subject matter of the closed 

meeting scheduled for Thursday, April 

16, 2009 will be: 

Consideration of amicus participation; 

institution and settlement of injunctive 

actions; institution and settlement of 

administrative proceedings of an 

enforcement nature; an adjudicatory 

matter; and other matters relating to 

enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: April 9, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8480 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59710; File No. SR–NYSE– 

2009–39] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Implementing 

Revised Liquidity Credits for 

Supplemental Liquidity Providers 

April 6, 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 31, 

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 implement 

revised liquidity credits for 

Supplemental Liquidity Providers 

(‘‘SLPs’’). 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 

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 

the most significant aspects 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 modify the 

credits received by supplemental 

liquidity providers (‘‘SLPs’’) when 

adding liquidity to the Exchange, with 

effect from April 1, 2009. Currently, 

SLPs receive a credit of $0.0015 per 

share when adding liquidity to the 

NYSE if the SLP meets the 3% average 

or more quoting requirement in an 

assigned security pursuant to Rule 

107B. With effect from April 1, 2009, 

there will be three separate tiers of 

credits for SLPs that meet the 3% 

average or more quoting requirement in 

an assigned security pursuant to Rule 

107B: 

• SLPs that add liquidity of an 

average daily volume (‘‘ADV’’) 3 of 100 

million shares or less in the applicable 

month will continue to receive a credit 

of $0.0015 per share when adding 

liquidity to the NYSE. 

• SLPs that add liquidity of an ADV 

of between 100 million shares and 250 

million shares in the applicable month 

will receive a credit of $0.0016 per share 

when adding liquidity to the NYSE. 

• SLPs that add liquidity of an ADV 

of more than 250 million shares in the 

applicable month will receive a credit of 

$0.0017 per share when adding liquidity 

to the NYSE. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,4

in general, and Section 6(b)(4) of the 

Act,5 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. 

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. 

17242 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

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

7 17 CFR 240.19b–4(f)(2). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See e-mail from John Carey, Chief Counsel— 

U.S. Equities, NYSE Euronext, to Nathan Saunders, 

Special Counsel, and Brian O’Neill, Attorney, 

Division of Trading and Markets, Commission, 

dated April 6, 2009 (revising the language of this 

paragraph). 

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

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 foregoing proposed rule change is 

effective upon filing pursuant to Section 

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

4(f)(2) thereunder.7

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–2009–39 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–2009–39. 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 will also 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 No. SR–NYSE– 

2009–39 and should be submitted on or 

before May 5, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8415 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59715; File No. SR– 

NYSEAmex–2009–08] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Implementing a New 

Transaction Fee for Floor Brokers 

April 6, 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 30, 

2009, NYSE Amex LLC (‘‘NYSE Amex’’ 

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 establish a 

separate transaction fee for floor brokers 

and to eliminate the transaction fee for 

agency cross trades of less than 10,000. 

The revised transaction fee for floor 

brokers will take effect on April 1, 2009. 

The text of the proposed rule change is 

available at the Exchange’s principal 

office, 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 

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 

the most significant aspects 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 adopt a 

transaction fee of $0.0020 per share 

applicable to floor brokers when taking 

liquidity from the Exchange, effective 

April 1, 2009. Floor brokers currently 

pay the $0.0025 per share fee applicable 

to all customers when taking liquidity 

from the Exchange. The Exchange 

believes that the reduced take fee will 

encourage floor brokers to participate 

more in the market, helping to make the 

Exchange a more attractive market in 

which to post liquidity in NYSE Amex 

listed securities. 

Agency cross trades (i.e., a trade 

where a Member Organization has 

customer orders to buy and sell an 

equivalent amount of the same security) 

of less than 10,000 shares are currently 

subject to a $0.0005 per share charge. 

The Exchange is modifying the 2009 

NYSE Amex Price List to eliminate this 

fee with immediate effect. Agency cross 

trades of less than 10,000 shares will 

now be free of charge, as is the case with 

agency cross trades of 10,000 shares or 

more.3

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,4

in general, and Section 6(b)(4) of the