22782 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices 

4 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(3). 

5See Securities Exchange Act Release No. 34– 

59575 (March 13, 2009), 74 FR 11803 (March 19, 

2009): Notice of Filing and Immediate Effectiveness 

of Proposed Rule Change (File No. SR–NYSEALTR– 

2009–24). 

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

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

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

9 17 CFR 240.19b–4(f)(3). 

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 MSRB. 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 No. 

SR–MSRB–2009–06 and should be 

submitted on or before June 4, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.4

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11167 Filed 5–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59884; File No. SR–NYSE– 

2009–43] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Delete All 

References in the NYSE Rule Book to 

‘‘Alternext’’ and ‘‘Alternext US’’ and 

Substitute References to ‘‘Amex’’ To 

Reflect the Recent Name Change of 

NYSE Alternext US LLC to NYSE Amex 

LLC 

May 7, 2009. 

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 April 22, 

2009, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) 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 NYSE. The 

Exchange has designated this proposal 

as one concerned solely with the 

administration of the Exchange 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 3 and Rule 19b–4(f)(3) 

thereunder,4 which renders the proposal 

effective upon filing with the 

Commission. 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 the 

NYSE Rule Book to delete all references 

therein to ‘‘Alternext’’ and ‘‘Alternext 

US’’ and substitute references to 

‘‘Amex’’ to reflect the recent name 

change of NYSE Alternext US LLC to 

NYSE Amex LLC. The text of the 

proposed rule change is available at the 

Exchange, the Commission’s Public 

Reference Room, 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, 

NYSE 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. 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 

On March 18, 2009, NYSE Alternext 

US LLC (the ‘‘Amex SRO’’), formerly 

American Stock Exchange LLC prior to 

its acquisition by NYSE Euronext on 

October 1, 2008, filed a Certificate of 

Amendment with the Secretary of State 

of the State of Delaware to officially 

change its name to NYSE Amex LLC. 

Earlier, on March 3, 2009, the Amex 

SRO had filed a Form 19b-4 with the 

Commission proposing to amend its 

rules to reflect the name change, and the 

Commission issued a Notice with 

respect to that rule filing on March 13, 

2009.5

The Exchange has a number of 

outdated references in its Rule Book to 

the Amex SRO under the old name, 

specifically in Rules 2, 6A, 18, 36, 103B 

and 300. The purpose of this proposed 

rule change is to amend the Exchange’s 

Rule Book to delete all references 

therein to ‘‘Alternext’’ and ‘‘Alternext 

US’’ and substitute references to 

‘‘Amex’’ to accurately reflect the recent 

name change of the Amex SRO. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) 6 of the Securities Exchange Act of 

1934 (the ‘‘Act’’), in general, and 

furthers the objectives of Section 

6(b)(5) 7 in particular in that it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 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. More specifically, 

updating the references in the 

Exchange’s rules to reflect the correct 

name of the Amex SRO may help 

eliminate potential confusion among 

investors who may not be aware that a 

name change has taken place. 

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 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 

Because the foregoing proposed rule 

change is concerned solely with the 

administration of the Exchange, it has 

become effective pursuant to Section 

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

subparagraph (f)(3) of Rule 19b–4 

thereunder.9 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. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices 22783 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3References to ISE Members in this filing refer to 

DECN Subscribers who are ISE Members. 

4See Securities and Exchange Commission 

Release No. 59843 (April 29, 2009), 74 FR 21046 

(May 6, 2009) (SR–NASDAQ–2009–035). 

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–NYSE–2009–43 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–2009–43. 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 NYSE. 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–2009–43 and should 

be submitted on or before June 4, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11228 Filed 5–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59888; File No. SR–ISE– 

2009–23] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change, as Modified 

by Amendment No. 1, by the 

International Securities Exchange, LLC 

Relating to Amending the Direct Edge 

ECN Fee Schedule To Increase the 

Super Tier Rebate in Securities 

Reported To Tape A and Tape C 

May 7, 2009. 

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 May 1, 

2009, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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 selfregulatory 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 

Direct Edge ECN’s (‘‘DECN’’) fee 

schedule for ISE Members 3 to raise the 

Super Tier Rebates, as defined below, 

for securities reported to Tape A and 

Tape C and to make certain other 

clarifying changes. All of the changes 

described herein are applicable to ISE 

Members. 

The text of the proposed rule change 

is available on the Exchange’s Internet 

Web site at http://www.ise.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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 

DECN, a facility of ISE, operates two 

trading platforms, EDGX and EDGA. 

Currently, DECNs’ fee schedule includes 

a per share rebate in securities reported 

to Tape A and Tape C of $0.0029 per 

share for ISE Members that add liquidity 

on EDGX if the ISE Member satisfies any 

of the following three criteria on a daily 

basis, measured monthly: (i) Adding 

40,000,000 shares or more on either 

EDGX, EDGA or EDGX and EDGA 

combined; (ii) adding 20,000,000 shares 

or more on either EDGX, EDGA or EDGX 

and EDGA combined and routing 

20,000,000 shares or more through 

EDGA; or (iii) adding 10,000,000 shares 

or more of liquidity to EDGX, so long as 

added liquidity on EDGX is at least 

5,000,000 shares greater than the 

previous calendar month. The rebate 

described above is referred to as a 

‘‘Super Tier Rebate’’ on the DECN fee 

schedule. 

The Exchange is now proposing to 

raise the aforementioned Super Tier 

Rebate from $0.0029 to $0.003 per share. 

The Exchange is raising this rebate to 

maintain a competitive rate. This fee 

change will become operative on May 1, 

2009. 

In an effort to increase volume on 

EDGA, DECN currently offers volume 

discounts for ISE Members who route 

20,000,000 shares or more on a daily 

basis, measured monthly, to Nasdaq 

through EDGA using order types that are 

solely eligible for routing to Nasdaq. 

Such orders are currently charged at 

$0.0025 per share with respect to EDGA 

routed volume. ISE Members routing 

30,000,000 shares per day are charged 

$0.0024 per share with respect to EDGA 

routed volume. Recently, Nasdaq has 

amended its pricing by increasing its fee 

for orders that remove liquidity by 

$0.0004.4 Accordingly, the Exchange is 

now proposing to amend the DECN 

volume discounts that apply to ISE 

Members by increasing each volume 

discount fee by $0.0004, which will 


pwalker on PROD1PC71 with NOTICES