Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3771 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(1). 

4 17 CFR 240.19b–4. 

5See Securities Exchange Act Release No. 34– 

61292 (January 5, 2010), 75 FR 1664 (January 12, 

2010) (notice of filing and immediate effectiveness 

of SR–NYSEAmex–2009–93) (‘‘Notice of Filing’’). 

6See Securities Exchange Act Release No. 34– 

60215 (July 1, 2009), 74 FR 33293 (July 10, 2009) 

(SR–NYSE–2006–92) (‘‘NYSE Approval Order’’). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(6). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s 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 

Continued 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61360; File No. SR– 

NYSEAMEX–2010–03] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending Rule 452— 

NYSE Amex Equities and Section 723 

of the NYSE Amex Company Guide To 

Insert a Date (January 1, 2010) That 

Was Inadvertently Omitted in a 

Previous Rule Change 

January 14, 2010. 

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 January 8, 

2010, NYSE Amex LLC (‘‘Exchange’’ or 

‘‘NYSE Amex’’) 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. 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 452—NYSE Amex Equities and 

Section 723 of the NYSE Amex 

Company Guide (the ‘‘Company Guide’’). 

The text of the proposed rule change is 

available at the Exchange, at the 

Commission’s Public Reference Room, 

on the Commission’s Web site at http:// 

www.sec.gov, and on the Exchange’s 

Web site at 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On January 5, 2010, the Commission 

issued a release pursuant to Section 

19(b)(1) 3 of the Securities Exchange Act 

of 1934 (the ‘‘Act’’) and Rule 19b–4 4

thereunder declaring immediate 

effectiveness of a rule change proposed 

by the Exchange to eliminate broker 

discretionary voting for the election of 

directors.5 Specifically, the language of 

Rule 452—NYSE Amex Equities and 

Section 723 of the Company Guide was 

revised to add the election of directors 

to a list of specific non-routine matters 

as to which a member organization may 

not give a proxy to vote without 

instructions from beneficial owners. 

That rule change was identical to a rule 

change filed by the New York Stock 

Exchange (‘‘NYSE’’) and approved by the 

Commission on July 1, 2009.6 The Form 

19b–4 for the earlier Exchange filing 

stated that, ‘‘The proposed amendment 

will be applicable to proxy voting for 

shareholder meetings held on or after 

January 1, 2010.’’ In requesting the 

Commission to waive the 30-day 

delayed operative date for that earlier 

filing, the Exchange also noted ‘‘that the 

NYSE’s new rules will be applicable to 

shareholder meetings held on or after 

January 1, 2010 and believes that its 

proposed rule change should be 

operative no later than that date to 

conform to the Commission’s mandate 

to eliminate any disparities involving 

voting.’’ 

While the proposed January 1, 2010 

operative date of the Exchange’s prior 

rule text change was correctly identified 

in the Form 19b–4 for that rule filing, it 

was inadvertently left out of the related 

Exhibit 5. Instead, the general phrase 

‘‘insert effective date’’ was left in the text 

in the two places where the specific 

operative date should have been 

inserted. Consequently, the Exchange is 

making this ‘‘cleanup’’ filing so that the 

operative date of January 1, 2010 that 

was accurately described in the earlier 

Form 19b–4 and in the Notice of Filing 

is reflected in the rule text of Rule 452— 

NYSE Amex Equities and Section 723 of 

the Company Guide as well. 

2. Statutory Basis 

The basis under the Exchange Act for 

this proposed rule change is the 

requirement under Section 6(b)(5)7 that 

an exchange have rules that 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, in general, to protect 

investors and the public interest. The 

proposed correction would protect 

investors and the public interest by 

eliminating any potential confusion to 

investors and others that might result 

from leaving the current generalized 

reference to the effective date in the text 

of the Exchange’s rules. 

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 8 and Rule 

19b–4(f)(6) thereunder.9 Because the 

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) by its terms, 

become operative prior to 30 days from 

the date on which it was filed, 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) 10 of the Act and Rule 19b4(f)(6)(iii) thereunder.11


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3772 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

as designated by the Commission. The Commission 

has waived the pre-filing requirement in this case. 

12 17 CFR 240.19b–4(f)(6). 

13 17 CFR 240.19b–4(f)(6)(iii). 

14For 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). 15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3This change will allow members to submit 

reports of trade cancellations on the trade date until 

the close of the facilities at 8 p.m. Previously, 

FINRA rules prohibited members from reporting 

trade cancellations after 5:15 p.m. on the trade date 

for these two reporting facilities. 

4Among other changes, the proposed 

amendments to Rule 6282(j)(2) provide that if a 

normal market hours trade is cancelled during 

market hours on trade date, the cancellation must 

be reported within 90 seconds. 

5See Securities Exchange Act Release No. 61105 

(December 3, 2009), 74 FR 65578. 

6 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

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

7 15 U.S.C. 78o–3(b)(6). 

A proposed rule change filed under 

Rule 19b–4(f)(6) 12 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),13 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has requested the Commission 

to waive the 30-day operative delay so 

that the proposal may become operative 

immediately upon filing. In making this 

request, the Exchange stated that waiver 

of this period will permit the text of the 

Exchange’s rules to exactly match the 

corresponding text of the NYSE’s rules 

as soon as possible and will eliminate 

any potential confusion to investors and 

others that might result from the more 

generalized reference to the effective 

date of the new rule that is in the 

current rule text. 

The Commission believes that the 

waiver of the 30-day operative delay 

period is consistent with the protection 

of investors and the public interest.14

The proposal would correctly insert the 

effective date, as described in the 

Exchange’s prior proposed rule change, 

into the text of the Exchange’s rules to 

ensure that investors and issuers are 

aware that the Exchange’s rule is 

operative on the same date as NYSE’s 

rule change. Based on the foregoing, the 

Commission deems 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–NYSEAmex–2010–03 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–NYSEAmex-2010–03. 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 available publicly. All 

submissions should refer to File 

Number SR–NYSEAmex–2010–03 and 

should be submitted on or before 

February 12, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–1144 Filed 1–21–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61359; File No. SR–FINRA– 

2009–082] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Order Approving a 

Proposed Rule Change Relating To 

Reporting of Trade Cancellations to 

FINRA 

January 14, 2010. 

On November 24, 2009, the Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

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

proposed rule change to: (1) Amend 

FINRA trade reporting rules to permit 

members to report trade cancellations 

after 5:15 p.m. Eastern Time on the 

trade date to the FINRA/Nasdaq Trade 

Reporting Facility (‘‘FINRA/Nasdaq 

TRF’’) and the OTC Reporting Facility 

(‘‘ORF’’); 3 and (2) make certain 

conforming changes to the rules relating 

to the submission of trade cancellations 

to the Alternative Display Facility 

(‘‘ADF’’).4 Notice of the proposed rule 

change was published for comment in 

the Federal Register on December 10, 

2009.5 The Commission received no 

comments on the proposal. 

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities association.6 In particular, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of Section 15A(b)(6) of the 

Act,7 which requires, among other 

things, that FINRA’s rules be designed 

to prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 


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