[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19257-19261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9556]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59799; File No. SR-NYSEAmex-2009-07]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by NYSE Amex LLC Amending NYSE 
Amex Equities Rules 13, 902, 903, 904, 905 and 906 To Eliminate Certain 
Order Types From the Off-Hours Trading Facility

April 20, 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 April 9, 2009, NYSE Amex LLC (``NYSE Amex'' 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. NYSE Amex filed the proposed rule change pursuant to 
Section 19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6)

[[Page 19258]]

thereunder,\5\ which renders it effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Amex Equities Rules 13 
(Definitions of Orders), 902 (Off-Hours Trading Orders), 903 (Off-Hours 
Transactions), 904 (Priority of Off-Hours Trading Orders), 905 (Off-
Hours Trading Reports and Recordkeeping) and 906 (Impact of Trading 
Halts on Off-Hours Trading) to eliminate certain order types from the 
off-hours trading facility. 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Through this filing, the Exchange seeks to amend NYSE Amex Equities 
Rules 902, 903, 904, 905 and 906 to remove certain off-hours trading 
functions from the Exchange's Crossing Session I. The Exchange is 
making this change in connection with certain technology upgrades it is 
in the process of rolling out.
    As explained more fully below, customers who previously relied on 
the trading functions in Crossing Session I that are being eliminated 
will be able to execute their off-hours trades through the NYSE 
MatchPoint[reg] system. The Exchange will continue to accommodate 
certain types of off-hours trading (error offset trades and trades 
between a member and the DMM for the purpose of offsetting a market-on-
close imbalance) in Crossing Session I.
    These amendments are proposed to conform to amendments filed by the 
New York Stock Exchange (``NYSE'').\6\
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    \6\ See Securities Exchange Act Release No. 59570 (March 12, 
2009), 74 FR 11800 (March 19, 2009) (SR-NYSE-2009-28).
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I. Background
    As described more fully in a related rule filing,\7\ 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 Exchange's predecessor, the American 
Stock Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary 
of NYSE Euronext called NYSE Alternext US LLC,\8\ and continues to 
operate as a national securities exchange registered under Section 6 of 
the Act.\9\ The effective date of the Merger was October 1, 2008.
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    \7\ See 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).
    \8\ NYSE Alternext US LLC was subsequently renamed NYSE Amex 
LLC. See Securities Exchange Act Release No. 59575 (March 13, 2009), 
74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24).
    \9\ 15 U.S.C. 78f.
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    In connection with the Merger, on December 1, 2008, the Exchange 
relocated all equities trading conducted on the Exchange legacy trading 
systems and facilities located at 86 Trinity Place, New York, New York, 
to trading systems and facilities located at 11 Wall Street, New York, 
New York (the ``Equities Relocation''). The Exchange's equity trading 
systems and facilities at 11 Wall Street (the ``NYSE Amex Trading 
Systems'') are operated by the NYSE on behalf of the Exchange.\10\
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    \10\ See Securities Exchange Act Release No. 58705 (October 1, 
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (approving 
the Equities Relocation).
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    As part of the Equities Relocation, NYSE Alternext adopted NYSE 
Rules 1-1004, subject to such changes as necessary to apply the Rules 
to the Exchange, as the NYSE Alternext Equities Rules to govern trading 
on the NYSE Alternext Trading Systems.\11\ The NYSE Alternext Equities 
Rules, which became operative on December 1, 2008, are substantially 
identical to the current NYSE Rules 1-1004 and the Exchange continues 
to update the NYSE Alternext Equities Rules, now renamed the NYSE Amex 
Equities Rules, as necessary to conform with rule changes to 
corresponding NYSE Rules filed by the NYSE.
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    \11\ See Securities Exchange Act Release No. 58705 (October 1, 
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (approving 
the Equities Relocation); Securities Exchange Act Release No. 58833 
(October 22, 2008), 73 FR 64642 (October 30, 2008) (SR-NYSE-2008-
106) and Securities Exchange Act Release No. 58839 (October 23, 
2008), 73 FR 64645 (October 30, 2008) (SR-NYSEALTR-2008-03) 
(together, approving the Bonds Relocation); Securities Exchange Act 
Release No. 59022 (November 26, 2008), 73 FR 73683 (December 3, 
2008) (SR-NYSEALTR-2008-10) (adopting amendments to NYSE Alternext 
Equities Rules to track changes to corresponding NYSE Rules); 
Securities Exchange Act Release No. 59027 (November 28, 2008), 73 FR 
73681 (December 3, 2008) (SR-NYSEALTR-2008-11) (adopting amendments 
to Rule 62--NYSE Alternext Equities to track changes to 
corresponding NYSE Rule 62).
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    The NYSE initiated its Off-Hours Trading Facility in June 1991.\12\ 
In connection with its implementation, the NYSE adopted the ``900'' 
series of rules to govern trading, order eligibility, order entry and 
record keeping requirements. Upon the Equities Relocation and the 
adoption of the NYSE Amex Equities Rules, the Exchange implemented the 
NYSE Off-Hours Trading Facility as part of the NYSE Amex Trading 
Systems.
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    \12\ See Securities Exchange Act Release No. 29237 (May 31, 
1991), 56 FR 24853 (June 3, 1991) approving File Nos. SR-NYSE-90-52 
and 90-53 which established the NYSE Off-Hours Trading Facility on a 
pilot basis. See also Securities Exchange Act Release No. 33992 (May 
2, 1994), 59 FR 23907 (May 9, 1994) approving the NYSE Off-Hours 
Trading Facility on a permanent basis.
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    In one application of the Off-Hours Trading Facility, members and 
member organizations may enter orders to be executed at the Exchange 
closing price, that is, the price established by the last regular way 
sale in a security at the official closing of the 9:30 a.m. to 4 p.m. 
trading session (``Crossing Session I''). Orders may be entered for any 
Exchange-listed issue, other than a security that is subject to a 
trading halt at the close of the regular trading session \13\ or is 
halted after 4 p.m. Crossing Session I normally runs from 4:15 p.m. to 
5 p.m. on each trading day.
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    \13\ This includes any market-wide trading halt instituted under 
NYSE Amex Equities Rule 80B (Trading Halts Due to Extraordinary 
Market Volatility).
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    Under NYSE Amex Equities Rule 902(a)(i) and (ii)(A) respectively, 
members may enter single-sided orders (i.e., either an order to buy or 
an order to sell) and coupled orders (i.e., both a buy and a sell 
order) into Crossing Session I. In addition, pursuant to NYSE Amex 
Equities Rule 902(b), the Exchange will migrate into Crossing Session I 
for possible execution any good-til-cancelled (``GTC'') orders that 
have been designated as eligible for execution in the Off-Hours Trading 
Facility.\14\ These types of orders entered into Crossing Session I are 
usually executed at the end of the Session, i.e., at 5 p.m.
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    \14\ See NYSE Amex Equities Rule 13 (Definitions of Orders). GTC 
orders that have been designated as ``Off-Hours Eligible'' under 
this rule are referred to as ``GTX orders''.
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    NYSE Amex Equities Rules 903 and 904 describe, in pertinent part, 
how

[[Page 19259]]

orders that are entered into the off-hours trading facility establish 
priority, and the execution protocols for such orders. Specifically, 
NYSE Amex Equities Rule 903 provides that single-sided and migrated GTX 
orders are to be executed against opposite side single-sided and GTX 
orders in the Off-Hours trading Facility, while coupled orders are to 
be executed against the other side of the coupled order. NYSE Amex 
Equities Rule 904 provides that GTX orders retain the priority among 
themselves that existed when they were entered into Display Book[reg], 
while the priority of coupled orders will be determined based upon 
their sequence of entry into the Off-Hours Trading facility.
    NYSE Amex Equities Rule 905 requires that certain records be 
maintained by members and member organizations with respect to off-
hours trading.
    NYSE Amex Equities Rule 906 outlines procedures under which Off-
Hours Trading Facility orders in an NYSE-listed security may go 
unexecuted if such security was subject to a trading halt.
II. Proposed Changes to Off-Hours Order Processing and Rule Amendments
    The Exchange is preparing to institute a number of technology 
changes to its systems that will foster more efficient and cost 
effective processing of orders it receives. As part of these changes, 
the Exchange is phasing out the SuperDOT[supreg] system and will 
replace it with a system referred to as Super Display Book (``SDBK'').
    Because the Off-Hours Trading Facility relies on the SuperDOT 
system for certain trade processing functions, the Exchange plans to 
eliminate the ability to enter single-sided, coupled orders and GTX 
into the off-hours trading facility known as Crossing Session I, and to 
instead direct customers to use the NYSE's MatchPoint[supreg] system to 
effect those types of trades. Accordingly, the Exchange is proposing to 
amend NYSE Amex Equities Rules 902, 903, 905 and 906 and to rescind 
NYSE Amex Equities Rule 904 in its entirety to remove the provisions 
that relate to closing price single-sided, coupled and GTX orders. The 
Exchange also proposes to amend NYSE Amex Equities Rule 13 to remove 
provisions relating to GTX orders as these will no longer be supported 
by Exchange systems.
1. Proposed Amendments
a. NYSE Amex Equities Rule 13 (Definitions of Orders)
    When the NYSE created the Off-Hours Trading Facility, it decided to 
provide a means for good-til-cancelled (GTC) orders to become 
automatically eligible for execution in this facility if the person or 
entity who had entered the GTC order so desired. This would then 
provide a possible source of liquidity to the Off-Hours Trading 
Facility, and could increase a GTC order's chance of being executed 
since it could access additional liquidity that was entered into the 
Off-Hours Trading Facility that was not available during the regular 
trading session. At the same time, GTC orders designated to migrate to 
the Off-Hours Trading Facility would return to the Display Book, and 
retain their original priority on Display Book, if not executed in the 
Off-Hours Trading Facility. This would provide a further incentive to 
migrate GTC orders since they would not lose their standing on the 
Display Book as a result of the migration.
    The language indicating that a good-til-cancelled order may be 
designated as ``Off-Hours eligible'' and executed through the ``Off-
Hours Trading Facility'' is proposed for deletion as this order type is 
being eliminated. The Exchange also proposes to add language to the 
definition of the good-til-cancelled order type to indicate that these 
orders are not eligible for execution in any Off-Hours Trading Facility 
of the Exchange.
b. NYSE Amex Equities Rule 902 (Off-Hours Trading Orders)
    The Exchange proposes to delete paragraph (a)(i) (Closing-Price 
Orders) and paragraph (a)(ii)(A) (Closing-Price Coupled Orders) in 
their entirety to eliminate these as order types eligible for entry and 
execution in the Off-Hours Trading Facility.\15\ Paragraph (b) 
(Migration of Orders) is also proposed to be deleted to reflect the 
elimination of GTX, as that paragraph explains the migration of GTC 
orders from the regular hours trading session to the Off-Hours Trading 
Session. Paragraph (d) is proposed to be deleted since it explains that 
a migrated order (i.e., a GTX order) or a closing price order may be 
cancelled before execution. Paragraph (e) (Disposition of Unexecuted 
Orders) is proposed for deletion as it relates to migration of 
unexecuted GTX orders back to the Display Book if they are not executed 
in the Off-Hours Trading Facility, and to the fact that unexecuted 
closing-price orders expire if unexecuted in the Off-Hours Trading 
Facility. References to closing-price orders and paragraphs (a)(ii) and 
(b) are proposed for deletion in paragraph (g) (Odd-Lots and Partial 
Round Lots).
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    \15\ The Exchange is retaining the Aggregate-Price Coupled Order 
type, as defined in NYSE Amex Equities Rule 900 (Off-Hours Trading: 
Applicability and Definitions), paragraph (e)(i). This order type is 
specified for coupled buy and sell orders representing 15 or more 
securities having a total market value of $1 million or more. These 
orders are entered and executed in Crossing Session II.
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c. NYSE Amex Equities Rule 903 (Off-Hours Transactions)
    Paragraph (a) (Priority of Single-Sided Orders) is proposed for 
deletion as it relates solely to this order type, which is being 
eliminated. In paragraphs (b) (Priority of Coupled Orders) and (c) 
(Binding Nature), references to closing-price, paragraph (a)(ii) of 
NYSE Amex Equities Rule 902 and paragraph (a) of NYSE Amex Equities 
Rule 903 are proposed for deletion as they will no longer be valid 
references. References to single-sided and coupled closing-price orders 
in (d) (Executions of Orders) are also proposed for deletion.
d. NYSE Amex Equities Rule 904 (Priority of Off-Hours Trading Orders)
    The Exchange proposes to delete this rule entirely. NYSE Amex 
Equities Rule 904 (Priority of Off-Hours Trading Orders) relates to the 
priority of GTX among themselves as existed when these orders were on 
the Display Book, and the priority of closing-price orders entered into 
the Off-Hours Trading Facility.
e. NYSE Amex Equities Rule 905 (Off-Hours Trading Reports and 
Recordkeeping)
    A reference to closing price and migrated orders is proposed for 
deletion in paragraph (b) (Off-Hours Trading Records) of this rule.
f. NYSE Amex Equities Rule 906 (Impact of Trading Halts on Off-Hours 
Trading)
    Paragraph (a) (Security Halts Prior to Off-Hours Trading) is 
proposed to be deleted in its entirety as it relates to closing-price 
and migrated orders, which are both being eliminated. Paragraph (b) 
(Corporate Developments during Off-Hours Trading Session) of the rule 
establishes the Exchange's ability to halt trading in a security during 
the time it is open for Off-Hours Trading as a result of a corporate 
development. The Exchange proposes to delete subparagraphs (i), (ii) 
and (iii) which relate to closing-price and migrated GTC orders since 
they are being eliminated. The provision in the rule relating the 
permissibility of entry or the exemption from cancellation for closing 
price orders entered by Designated Market Makers (``DMMs'') in stocks 
that would otherwise be cancelled or prohibited from entry as a

[[Page 19260]]

result of corporate developments to offset all or part of a market-on-
close imbalance that existed in a stock prior to the close of the 
Exchange's regular trading session \16\ is being retained. In these 
instances, the DMM and the member organization taking the other side 
have already agreed to trade in the stock at the closing price and this 
agreement is not affected by the ensuing corporate development. The 
Exchange is therefore proposing to add the phrase ``as a result of 
corporate developments during the Off-Hours Trading Session'' to 
paragraph (b) to complete the last sentence of the paragraph.
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    \16\ These types of orders are entered pursuant to NYSE Amex 
Equities Rule 902(a)(ii)(B).
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2. Availability of MatchPoint[supreg] for Off-Hours Trading
    In the Exchange's view these changes will not significantly affect 
the experience of customers who would have previously submitted orders 
to Crossing Session I for execution since similar functionality exists 
in the MatchPoint[supreg] system. MatchPoint[supreg] is an NYSE 
electronic equity-trading facility that matches aggregated orders at 
predetermined fixed times with prices that are derived from primary 
markets. There are seven matching sessions at fixed times throughout 
the trading day, and, of particular relevance to this filing, an after-
hours matching session at 4:45 p.m.
    Orders in MatchPoint are executed at a single trading price (known 
as the ``reference price'') that, for the 4:45 match is equal to the 
NYSE official closing price for NYSE-listed securities and the official 
closing price of the primary market for all non-NYSE-listed 
securities.\17\ Customers who previously executed single-sided and 
coupled trades through Crossing Session I at the NYSE's official 
closing price can submit single-sided and coupled orders for execution 
through MatchPoint[supreg].
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    \17\ See, generally, NYSE Rule 1500 (NYSE MatchPoint[supreg]) 
and Securities Exchange Act Release No. 57058 (December 28, 2007), 
73 FR 903 (January 4, 2008) approving adoption of NYSE Rule 1500.
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    It should be noted that certain other order types allowed under 
NYSE Amex Equities Rule 902 will not be affected by the proposed 
changes, although after the phase-out, the Exchange will process these 
trades on a different system instead of through SuperDOT. In 
particular, NYSE Amex Equities Rule 902(a)(ii)(C) permits a coupled 
order to be submitted in Crossing Session I to address situations where 
a member or member organization wishes to close out an error at the 
closing price on the Exchange, and the Designated Market Maker has 
agreed to take the other side of the error trade. NYSE Amex Equities 
Rule 902(a)(ii)(B) permits entry of coupled orders when one side of 
such coupled order is for the account of a specialist member 
organization entered in those instances in which the coupled order 
reflects contra side interest to offset an imbalance of market-on-close 
orders \18\ that existed at the regular 4:00 p.m. close. The Exchange 
is not deleting these provisions from its rules, and member 
organizations will continue to be able to execute these trades in the 
same manner that they do today.
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    \18\ A ``market-on-close'' order is a market order which is to 
be executed in its entirety at the closing price, on the Exchange, 
of the stock named in the order, and if not so executed, is to be 
treated as cancelled. See NYSE Amex Equities Rule 13.
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    The Exchange intends to progressively implement this elimination on 
a security by security basis as it gains experience with the 
implementation until it is operative in all securities traded on the 
Floor. During the implementation, the Exchange will identify on its 
website which securities will no longer be eligible for processing in 
Crossing Session I as described in this filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\19\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\20\ in particular, in that it is 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 
Exchange believes the proposed rule change will facilitate the timely 
and efficient execution of securities on the Exchange by eliminating 
the use of an under-utilized order types and thus ultimately serve to 
protect investors and the public interest.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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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 Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \21\ and Rule 19b-4(f)(6) thereunder.\22\ 
Because the foregoing proposed rule change: (1) Does not significantly 
affect the protection of investors or the public interest; (2) impose 
any significant burden on competition; and (3) by its terms does not 
become operative for 30 days of this filing, 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) of the Act \23\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\24\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) does not 
normally become opertative prior to 30 days after the date of 
filing.\25\ However, Rule 19b-4(f)(6)(iii) 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 so that 
the proposal may become operative immediately upon filing.
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    \25\ See id. In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to provide the Commission with 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.
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because the proposed rule change seeks to eliminate one type of off-
hours trading, while continuing to provide another type of off-hours 
trading throught the use of the NYSE Matchpoint[supreg] facility, in 
accordance with technology changes designed to foster a more efficient 
and cost effective processing of orders. The Commission notes that the 
proposed rule change is similar to NYSE's rules regarding off-hours 
trading. Therefore, the Commission designates the proposed rule change 
operative upon filing.\26\
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    \26\ For purposes only of waiving the 30-day operative delay of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition and capital formation. 15 U.S.C. 
78c(f).

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[[Page 19261]]

    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 Act.

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

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an e-mail to <a href="/cdn-cgi/l/email-protection#0f7d7a636a226c6062626a617b7c4f7c6a6c21686079"><span class="__cf_email__" data-cfemail="8dfff8e1e8a0eee2e0e0e8e3f9fecdfee8eea3eae2fb">[email protected]</span></a>. Please include 
File Number SR-NYSEAmex-2009-07 on the subject line.

Paper Comments

    <bullet> 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-NYSEAmex-2009-07. 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 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-NYSEAmex-2009-07 and should 
be submitted on or before May 19, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-9556 Filed 4-27-09; 8:45 am]
BILLING CODE 8010-01-P


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