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###### Securities and Exchange Commission

          - [Release No. 34-59863; File No. SR-NYSE-2009-47]

                    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 30, 2009, New York Stock Exchange LLC (the “NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule changes 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.                

## I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

                    The Exchange proposes to make a number of changes to its schedule of equity transaction fees and rebates, with effect from May 1, 2009. 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 make a number of changes to its schedule of equity transaction fees, with effect from May 1, 2009.

The following are the proposed changes:
    - Currently, the Exchange caps trading fees per transaction at $120. This cap is being eliminated and there will no longer be any limit on the trading fees that may be incurred in connection with a transaction. The $120 trading fee cap per transaction will be retained for market at-the-close and limit at-the-close orders.
    - The price list does not currently indicate what fee is charged when orders are executed at the close (except for market at-the-close and limit at-the-close orders). The Exchange's practice has been to not charge a fee when this happens and now proposes to formalize this approach by clearly stating it in the price list.
    - Designated Market Makers whose orders are executed at the close receive a credit of $0.0005 per share. The Exchange now proposes to provide (i) a credit of $0.0012 per share to floor brokers whose orders are executed at the close and (ii) a credit of $0.0005 per share to Supplemental Liquidity Providers whose orders are executed at the close.
    - Agency cross trades ( i.e. , a trade where a Member Organization has customer orders to buy and sell an equivalent amount of the same security) of 10,000 shares or more are currently free of charge. The Exchange proposes to extend this approach to agency cross trades of fewer than 10,000 shares, so that all agency cross trades will be free of charge regardless of size.                

The subheading “Transactions in stocks with a per share stock price of $1.00 or less” is modified to clarify that the fees under that subheading actually apply only to transactions in stocks with a price of less than $1.00. As amended, it reads “Transactions in stocks with a per share stock price less than $1.00.”

#### 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 proposal does not constitute an inequitable allocation of dues, fees and other charges as all member organizations will be subject to the same fee structure.                

### 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 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 is effective upon filing pursuant to Section                           ( print page 22799)                        19(b)(3)(A) [6]                                          of the Act and Rule 19b-4(f)(2) [7]                                          thereunder.                

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 rule-comments@sec.gov . Please include File Number SR-NYSE-2009-47 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-NYSE-2009-47. 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 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-NYSE-2009-47 and should be submitted on or before June 4, 2009.                

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[8] 

Florence E. Harmon,

Deputy Secretary.

# Footnotes

1.                             15 U.S.C. 78s(b)(1).                    
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2.                             15 U.S.C. 78a*et seq.*
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3.                             17 CFR 240.19b-4.                    
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4.                             15 U.S.C. 78f.                    
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5.                             15 U.S.C. 78f(b)(4).                    
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6.                             15 U.S.C. 78s(b)(3)(A).                    
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7.                             17 CFR 240.19b-4(f)(2).                    
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8.                                 17 CFR 200.30-3(a)(12).                        
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[FR Doc. E9-11165 Filed 5-13-09; 8:45 am]

BILLING CODE 8010-01-P