Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 33011 

14 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. 78f(b). 

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

5 15 U.S.C. 78s(b)(3)(A). 

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

4(f)(6)(iii) requires the self-regulatory organization 

to 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. 

SR–BATS–2009–020 and should be 

submitted on or before July 30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16174 Filed 7–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60205; File No. SR– 

NYSEArca–2009–60] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending Its Schedule of 

Fees and Charges for Exchange 

Services 

July 1, 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 June 29, 

2009, the NYSE Arca Inc. (‘‘NYSE Arca’’ 

or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

Schedule of Fees and Charges for 

Exchange Services in order to extend 

until December 31, 2009 the current 

pilot program regarding transaction fees 

charged for trades executed through the 

intermarket options linkage (‘‘Linkage’’). 

The text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room 

and 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 

Exchange 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 purpose of this proposed rule 

change is to extend the pilot program 

establishing an NYSE Arca fee for 

Principal (‘‘P’’) Orders and Principal 

Acting as Agent (‘‘P/A’’) Orders 

executed through Linkage. The fee 

currently is effective for a pilot program 

set to expire on July 31, 2009, and this 

filing would extend the fee through 

December 31, 2009. The fee that NYSE 

Arca charges for P and P/A orders is the 

basic execution fee for trading on NYSE 

Arca. This is the same fee that all NYSE 

Arca Option Trading Permit Holders 

pay for non-customer transactions 

executed on the Exchange. The 

Exchange does not charge for the 

execution of Satisfaction Orders sent 

through Linkage and is not proposing to 

charge for such orders. The Exchange is 

making no substantive changes to the 

operation of the pilot program, other 

than extending the pilot program 

through December 31, 2009. 

The Exchange also proposes to revise 

the Linkage Fees portion of the 

Schedule, so as to delete the fee for 

manually executed orders. The 

Exchange does not manually execute 

orders via Linkage. All Linkage orders 

are executed electronically. Deleting 

this reference from the Schedule will 

more accurately reflect the way Linkage 

orders are executed. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Act 3, in general, and with 

Section 6(b)(4) 4 of the Act 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 for the purpose of executing P 

and P/A orders through Linkage. 

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 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 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, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 5 and Rule 19b– 

4(f)(6) thereunder.6

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 rulecomments@sec.gov. Please include File 

Number SR–NYSEArca–2009–60 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. 


rmajette on DSK29S0YB1 with NOTICES
33012 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

7 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. 55960 

(June 26, 2007), 72 FR 36531 (July 3, 2007) (Notice 

of Filing and Immediate Effectiveness of a Proposed 

Rule Change Relating to PrecISE Fees). 

4Attributable Order is a market or limit order in 

which an EAM can choose to disclose their member 

ID. See Securities Exchange Act Release No. 58701 

(October 1, 2008), 73 FR 59007 (October 8, 2008) 

(Notice of Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to a New Order 

Type) (SR–ISE–2008–74). 

5 15 U.S.C. 78s(b)(3)(A). [sic] 

6 17 CFR 19b–4(f)(2). [sic] 

All submissions should refer to File 

Number SR–NYSEArca–2009–60. 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 available publicly. All 

submissions should refer to File 

Number SR–NYSEArca–2009–60 and 

should be submitted on or before July 

30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16175 Filed 7–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60208; File No. SR–ISE– 

2009–39] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to PrecISE Fees 

July 1, 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 June 24, 

2009, the International Securities 

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

‘‘ISE’’) filed with the Securities and 

Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III 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 ISE is proposing to amend the 

fees for its PrecISE Trade® order entry 

terminals. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.ise.com), at the 

principal office of the Exchange, 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 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—The purpose of this 

proposed rule change is to amend the 

ISE’s fee schedule for its proprietary 

PrecISE Trade® order entry terminals. 

‘‘PrecISE’’ is the Exchange’s internallydeveloped proprietary order-routing 

terminal used by Electronic Access 

Members (‘‘EAM’’) to send order flow to 

ISE. ISE currently charges a monthly fee 

of $300 per user per month for the first 

10 users; for all subsequent users, ISE 

charges $50 per user per month.3 ISE 

recently upgraded PrecISE, enhancing it 

with certain new functionalities that, 

among other things, provide users with 

‘‘Greek’’ calculations and the use of 

Attributable Orders.4 Certain other userrequested enhancements have also been 

built into the new version. In order for 

ISE to cover the costs of building out the 

enhanced version, we propose to 

increase the fee for the first 10 users to 

$350 per month and for all subsequent 

users, $100 per month. 

ISE also proposes to change the 

method for calculating this fee. 

Currently, EAMs are billed based on the 

number of maximum concurrent logins. 

For example, if an EAM uses five logins 

over the course of a month but only 

three logins were used simultaneously 

at any point during the month, that 

member is charged for just those three 

logins. The Exchange now proposes to 

charge EAMs for the total number of 

logins used during the month. Using the 

same example, EAMs will now be 

charged for all five logins that they used 

over the course of the month. This 

proposed fee change will be operative 

on July 1, 2009. 

(2) Basis—The basis under the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) [sic] for this proposed 

rule change is the requirement under 

Section 6(b)(4) that an exchange have an 

equitable allocation of reasonable dues, 

fees and other charges among its 

members and other persons using its 

facilities. In particular, these fees will 

enable the Exchange to cover its costs 

for providing an enhanced version of its 

front-end trading system. 

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 

The foregoing rule change has become 

effective pursuant to Section 19(b)(3) 

[sic] of the Act 5 and Rule 19b–4(f)(2) 6

thereunder. At any time within 60 days 

of the filing of such proposed rule 


rmajette on DSK29S0YB1 with NOTICES