[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45508-45509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17842]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58246; File No. SR-NYSE-2008-64]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Eliminate the Exceptional Messaging Fee

July 29, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on July 28, 2008, the New York Stock Exchange LLC (the 
``Exchange'' or the ``NYSE'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to eliminate the exceptional system message 
fee of $0.01 per exceptional system message. While the change to the 
Exchange's 2008 Price List pursuant to this proposal will be effective 
upon filing, the change will become operative as of August 1, 2008. 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 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 these statements may be examined at 
the places specified in Item IV below. The NYSE 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 eliminate the exceptional system message 
fee of $0.01 per exceptional system message.\3\ This fee was originally 
introduced to compensate the Exchange for the cost of the incremental 
system capacity that needed to be readily available to accommodate 
trading strategies that resulted in significant volumes of system 
messages and cancellations. Since that time, the Exchange has increased 
its system capacity to a degree that it no longer incurs significant 
costs in maintaining system capacity to accommodate these sorts of 
trading strategies. As such, the Exchange no longer needs the fee 
revenue to cover the related costs. While the change to the Exchange's 
2008 Price List pursuant to this proposal will be effective upon 
filing, the change will become operative as of August 1, 2008.
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    \3\ An exceptional system message is defined as any system 
(i.e., SuperDOT[supreg], the Exchange's Designated Order Turnaround 
System) message, as measured by mnemonic (mnemonics, which are 
alphabetical identifiers issued by the NYSE to its member firms and 
their customers, are required for order entry and identification 
purposes) on a daily basis, that exceeds the following criteria: (i) 
The ratio of a mnemonic's share of the total system messages to the 
mnemonic's share of total executed system volume exceeds 10:1; and 
(ii) the mnemonic's cancelled system orders as a percentage of its 
total system orders exceeds 90.0%. See Securities Exchange Act 
Release No. 53071 (January 6, 2006), 71 FR 2281 (January 13, 2006) 
(SR-NYSE-2005-91).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of section 6 \4\ of the Act, in general, and 
furthers the objectives of section 6(b)(4),\5\ in particular, in that 
it is designed provide for the equitable allocation of reasonable dues, 
fees and other charges among its members and other persons using its 
facilities. The Exchange believes that the proposed elimination of the 
exceptional message fee is equitable as the costs it was designed to 
defray are not now material to the Exchange and, therefore, the 
Exchange will not have to recoup the lost revenues through the 
imposition of any other fees or charges.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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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

[[Page 45509]]

necessary or appropriate in furtherance of the purpose 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

    The foregoing rule change has become effective pursuant to section 
19(b)(3) of the Act \6\ and Rule 19b-4(f)(2) \7\ thereunder because it 
establishes or changes a due, fee, or other charge imposed on members 
by the NYSE.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
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    At any time within 60 days of the filing of such 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

    <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#394b4c555c145a5654545c574d4a794a5c5a175e564f"><span class="__cf_email__" data-cfemail="6715120b024a04080a0a020913142714020449000811">[email protected]</span></a>. Please include 
File Number SR-NYSE-2008-64 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2008-64. 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-2008-64 and should be 
submitted on or before August 26, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17842 Filed 8-4-08; 8:45 am]
BILLING CODE 8010-01-P


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