59772 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 62479 

(July 9, 2010), 75 FR 41264 (July 15, 2010) (order 

approving SR–NYSEAmex–2010–31 and the 

adoption of the NYSE Amex Equities Rule 500 

Series). The pilot program is scheduled to run until 

September 30, 2010, the expiration date of the New 

York Stock Exchange LLC’s (‘‘NYSE’’) and the 

Exchange’s New Market Model (‘‘NMM’’) pilot 

program, on which the Nasdaq Securities program 

relies. See Securities Exchange Act Release Nos. 

61274 (March 17, 2010), 75 FR 14221 (March 24, 

2010)(SR–NYSE–2010–25) and 61275 (March 17, 

2010), 75 FR 14223 (March 24, 2010)(SR– 

NYSEAmex–2010–28) (extending operation of the 

NMM pilot program on NYSE and NYSE Amex 

until the earlier of the Commission’s approval to 

make the program permanent or September 30, 

2010). For more information on the NMM pilot 

program, see Securities Exchange Act Release 

No.58845 (October 24, 2008), 73 FR 64379 (October 

29, 2008)(SR–NYSE–2008–46). 

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

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

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

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

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 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–24227 Filed 9–27–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62971; File No. SR– 

NYSEAmex–2010–95] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Clarify the 

Requirement for Floor Official 

Approval for Certain Halts of Nasdaq 

Securities Traded via UTP 

September 22, 2010. 

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 

September 16, 2010, NYSE Amex LLC 

(the ‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 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 amend 

Rule 515—NYSE Amex Equities. The 

text of the proposed rule change is 

available at the Exchange’s principal 

office, the Commission’s Public 

Reference Room, the Commission’s Web 

site (http://www.sec.gov), 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to amend Rule 515—NYSE 

Amex Equities. 

a. Background 

On July 9, 2010, the Exchange 

received approval from the Commission 

to begin trading, as a pilot program, 

securities listed on the Nasdaq Stock 

Market pursuant to unlisted trading 

privileges (‘‘Nasdaq Securities’’). The 

Nasdaq Securities program commenced 

on July 13, 2010.3

b. Proposed Amendments to Rule 515— 

NYSE Amex Equities 

The Exchange proposes to amend 

Rule 515—NYSE Amex Equities dealing 

with trading halts. In its filing adopting 

the Nasdaq Securities program, the 

Exchange included a provision in Rule 

515(a)(1)—NYSE Amex Equities that 

DMM Units did not need to obtain Floor 

Official approval in order to halt trading 

in a Nasdaq Security pursuant to Rule 

123D—NYSE Amex Equities. Upon 

further review of the operation of this 

provision and the Nasdaq Securities 

program, the Exchange believes it 

should revise this provision to clarify 

that the DMM does not need to obtain 

Floor Official approval if a Nasdaq 

Security is halted, suspended, or paused 

pursuant to section (a)(2)–(4) of the 

Rule. Accordingly, if a Nasdaq Security 

is halted, suspended or paused from 

trading by the UTP Listing Market for 

regulatory purposes in accordance with 

its rules and/or the UTP Plan, or if the 

authority to trade the Nasdaq Security 

on the Exchange is revoked, Floor 

Official approval to halt trading on the 

Exchange is not required. However, if 

the Exchange halts trading of a Nasdaq 

Security pursuant to Rule 123D—NYSE 

Amex Equities for non-regulatory 

purposes, such as an imbalance halt or 

an equipment changeover halt, the 

DMM must obtain prior Floor Official 

approval as provided for in that rule. 

The proposed provision would be 

consistent with the manner by which 

Rule 123D—NYSE Amex Equities 

operates for listed securities when a 

non-regulatory halt is invoked on the 

Exchange. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

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

furthers the objectives of Section 6(b)(5) 

of the Act,5 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 that the 

proposed rule change supports the 

objectives of the Act by harmonizing the 

procedures for implementing nonregulatory trading halts under Rule 

123D—NYSE Amex Equities for both its 

listed securities and Nasdaq Securities. 

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 6 and Rule 

19b–4(f)(6) thereunder.7 Because the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59773 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3CBOE Rule 1.1(qq) provides ‘‘The term 

‘Associated Person’ or ‘Person Associated with a 

Trading Permit Holder’ means any partner, officer, 

director or branch manager of a Trading Permit 

Holder (or any person occupying a similar status or 

performing similar functions), any person directly 

or indirectly controlling, controlled by, or under 

common control with a Trading Permit Holder, or 

any employee of a Trading Permit Holder.’’ This 

filing refers specifically to the classification of 

‘‘individual associated persons’’ as an organization 

could fall within the scope of CBOE Rule 1.1(qq) 

and it is not CBOE’s intention to require registration 

by an organization. 

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 

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) 

of the Act and Rule 19b–4(f)(6)(iii) 

thereunder. 

The Exchange has requested that the 

Commission waive the 30-day operative 

delay so that the proposal may become 

operative immediately upon filing. 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 promote consistency between the 

rules governing the trading of Nasdaq 

Securities and listed securities on the 

Exchange. Accordingly, the Commission 

waives the 30-day operative delay 

requirement and designates the 

proposed rule change as operative upon 

filing with the Commission. 

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–2010–95 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–2010–95. 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, 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–2010–95 and 

should be submitted on or before 

October 19, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–24261 Filed 9–27–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62977; File No. SR–CBOE– 

2010–084] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Proposed Rule 

Change Regarding Registration and 

Qualification Requirements 

September 22, 2010. 

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 

September 10, 2010, the Chicago Board 

Options Exchange, Incorporated 

(‘‘Exchange’’ or ‘‘CBOE’’) 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 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 amend its 

rules regarding qualification and 

registration of individual Trading 

Permit Holders and associated persons. 

The text of the rule proposal is available 

on the Exchange’s Web site (http:// 

www.cboe.org/legal), at the Exchange’s 

Office of the Secretary, on the 

Commission’s Web site (http:// 

www.sec.gov), and at the Commission. 

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 

CBOE is proposing to amend its rules 

regarding qualification, registration and 

continuing education of individual 

Trading Permit Holders and individual 

associated persons.3 Specifically, in 

response to a request by the Division of 

Trading and Markets of the U.S. 

Securities and Exchange Commission 

and in light of recent market events, the 

Exchange is proposing to expand its 

registration and qualification 

requirements to include additional 


srobinson on DSKHWCL6B1PROD with NOTICES