54926 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). 

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

19b–4(f)(6)(iii) requires that a self-regulatory 

organization submit to the Commission 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. 

12 Id. 

13For the purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

14 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

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, by 

allowing the Exchange to have uniform 

position limit procedures. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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) become 

operative for 30 days after the date of 

the filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 9 and Rule 19b– 

4(f)(6) thereunder.10

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.11 However, Rule 19b– 

4(f)(6)(iii) 12 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, 

thereby giving the Exchange a position 

limit process that can recognize 

exemptions granted by other exchanges. 

The Commission believes that waiving 

the 30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver will 

afford Exchange members the benefit of 

the proposal—the ability to rely on 

exemptions granted by other exchanges, 

when appropriately documented— 

without unnecessary delay. For this 

reason, the Commission designates the 

proposed rule change as operative under 

upon filing.13

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend 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–ISE–2010–86 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–ISE–2010–86. 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 Web site viewing and 

printing 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 

ISE. 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–ISE–2010–86 and should be 

submitted on or before September 30, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22443 Filed 9–8–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62825; File No. SR– 

NYSEAmex–2010–90] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC To Amend the Exchange 

Price List 

September 1, 2010. 

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 August 

30, 2010, 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. 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 its 

2010 Price List for equities to modify 

the fees it charges for all market at-theclose (‘‘MOC’’) and limit at-the-close 

(‘‘LOC’’) orders executed in the 

Exchange’s closing transaction. For 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54927 

4See Securities Exchange Act Release No. 62592 

(July 29, 2010), 75 FR 47053 (August 4, 2010) (SR– 

NASDAQ–2010–095). 

5See Securities Exchange Act Release No. 62578 

(July 27, 2010), 75 FR 45185 (August 2, 2010) (SR– 

NYSEAmex–2010–53). 

6 15 U.S.C. 78f(b) [sic]. 

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

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

9 17 CFR 240.19b–4(f)(2). 

securities with a per share price of $1.00 

or more, the fee will increase from 

$0.0007 per share executed to $0.00085 

per share executed. For securities with 

a per share price below $1.00 per share, 

the fee will change from (A) the lesser 

of (i) $0.0007 per share executed and (ii) 

0.25% of the total dollar value of the 

transaction to (B) the lesser of (i) 

$0.00085 per share executed and (ii) 

0.25% of the total dollar value of the 

transaction. The Exchange also proposes 

to lower the fee for taking liquidity from 

the Exchange from $0.0021 per share 

executed to $0.0013 per share executed 

for NASDAQ securities with a share 

price of $1.00 or more that trade on the 

Exchange pursuant to unlisted trading 

privileges (‘‘UTP’’). The amended 

pricing will take effect on September 1, 

2010. The text of the proposed rule 

change is available at the Exchange, at 

http://www.nyse.com, at the 

Commission’s Public Reference Room, 

and on the Commission’s Web site at 

http://www.sec.gov. 

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 its 

2010 Price List for equities to modify 

the fees it charges for all MOC and LOC 

orders executed in the Exchange’s 

closing transaction. For securities with 

a per share price of $1.00 or more, the 

fee will increase from $0.0007 per share 

executed to $0.00085 per share 

executed. For securities with a per share 

price below $1.00 per share, the fee will 

change from (A) the lesser of (i) $0.0007 

per share executed and (ii) 0.25% of the 

total dollar value of the transaction to 

(B) the lesser of (i) $0.00085 per share 

executed and (ii) 0.25% of the total 

dollar value of the transaction. The 

Exchange notes that The NASDAQ 

Stock Market LLC (‘‘NASDAQ’’) recently 

made a similar filing increasing the fee 

that it charges for MOC and LOC orders 

in its closing cross from $0.0007 per 

share executed to $0.0010 per share 

executed.4

The Exchange also proposes to lower 

the fee for taking liquidity from the 

Exchange from $0.0021 per share 

executed to $0.0013 per share executed 

for NASDAQ securities with a share 

price of $1.00 or more that trade on the 

Exchange pursuant to UTP. This fee 

reduction for such transactions in 

NASDAQ securities will apply to all 

market participants as well as to 

Designated Market Makers and 

Supplemental Liquidity Providers. 

There will be no changes to the rebates 

for adding liquidity for trades on the 

Exchange in NASDAQ securities 

pursuant to UTP. 

Finally, because full implementation 

has now been achieved of the 

Exchange’s recently approved rule 

changes providing for incorporation of 

the receipt and execution of odd-lot 

interest into the round lot market and 

decommissioning the use of the odd-lot 

system,5 the Exchange is taking this 

opportunity to delete several obsolete 

references in its 2010 Price List to 

separate execution pricing for odd lot 

interest and the odd lot portions of 

partial round lots. 

These changes are intended to be 

effective immediately for all 

transactions beginning September 1, 

2010. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 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 

Exchange believes that the proposal 

does not constitute an inequitable 

allocation of fees, as all similarly 

situated member organizations will be 

charged the same amount and access to 

the Exchange’s market is offered on fair 

and non-discriminatory terms. Further, 

with respect to the proposed fee change 

for MOC and LOC orders that are 

executed in the Exchange’s closing 

transaction, a competing exchange also 

recently implemented a similar fee 

change for its market participants, as 

described above. 

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 foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 8 of the Act and 

subparagraph (f)(2) of Rule 19b–4 9

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

NYSE Amex. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend 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–2010–90 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–2010–90. This 

file number should be included on the 

mstockstill on DSKH9S0YB1PROD with NOTICES

54928 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

10 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 62592 

(July 29, 2010), 75 FR 47053 (August 4, 2010) (SR– 

NASDAQ–2010–095). 

5 15 U.S.C. 78f(b) [sic]. 

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(A). 

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 

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 website viewing and 

printing 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 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–2010–90 and should be 

submitted on or before September 30, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22446 Filed 9–8–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62826; File No. SR–NYSE– 

2010–63] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC To Amend the 

Exchange Price List 

September 1, 2010. 

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 August 

30, 2010, 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 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 its 

2010 Price List to modify the fees it 

charges for all market at-the-close 

(‘‘MOC’’) and limit at-the-close (‘‘LOC’’) 

orders executed in the NYSE Closing 

Auction. For stocks with a per share 

stock price of $1.00 or more, the fee will 

increase from $0.0007 per share 

executed to $0.00085 per share 

executed. For stocks with a per share 

stock price less than $1.00 per share, the 

fee will change from (A) the lesser of (i) 

0.3% of the total dollar value of the 

transaction and (ii) $0.0007 per share 

executed to (B) the lesser of (i) 0.3% of 

the total dollar value of the transaction 

and (ii) $0.00085 per share executed. 

The amended pricing will take effect on 

September 1, 2010. The text of the 

proposed rule change is available at the 

Exchange, at http://www.nyse.com, at 

the Commission’s Public Reference 

Room, and on the Commission’s Web 

site at http://www.sec.gov. 

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 its 

2010 Price List to modify the fees it 

charges for all MOC and LOC orders 

executed in the NYSE Closing Auction. 

For stocks with a per share stock price 

of $1.00 or more, the fee will increase 

from $0.0007 per share executed to 

$0.00085 per share executed. For stocks 

with a per share stock price less than 

$1.00 per share, the fee will change from 

(A) the lesser of (i) 0.3% of the total 

dollar value of the transaction and (ii) 

$0.0007 per share executed to (B) the 

lesser of (i) 0.3% of the total dollar 

value of the transaction and (ii) 

$0.00085 per share executed. The 

Exchange notes that The NASDAQ 

Stock Market LLC recently made a 

similar filing increasing the fee that it 

charges for MOC and LOC orders in its 

closing cross from $0.0007 per share 

executed to $0.0010 per share 

executed.4

These changes are intended to be 

effective immediately for all 

transactions beginning September 1, 

2010. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),5 in general, and Section 6(b)(4) 

of the Act,6 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 

Exchange believes that the proposal 

does not constitute an inequitable 

allocation of fees, as all similarly 

situated member organizations will be 

charged the same amount and access to 

the Exchange’s market is offered on fair 

and non-discriminatory terms. Further, 

a competing exchange also recently 

implemented a similar fee change for its 

market participants, as described above. 

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 foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 7 of the Act and 

mstockstill on DSKH9S0YB1PROD with NOTICES