Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 33283 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

telephone at (301) 415–4737 or (800) 

397–4209, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 6th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Mark P. Orr, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–16349 Filed 7–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

National Bureau of Standards Reactor 

[Docket No. 50–184; NRC–2009–0305] 

Notice of Issuance of Renewed Facility 

License No. TR–5 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued renewed 

Facility Operating License No. TR–5, 

held by the National Institute of 

Standards and Technology (the 

licensee), which authorizes continued 

operation of the National Bureau of 

Standards Reactor (NBSR), located in 

Gaithersburg, Montgomery County, 

Maryland. The NBSR is a tank-type, 

heavy-water-moderated-and-cooled test 

reactor licensed to operate at a steadystate power level of 20 megawatts 

thermal power. Renewed Facility 

Operating License No. TR–5 will expire 

at midnight 20 years from its date of 

issuance. 

The renewed license complies with 

the standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. The Commission has 

made appropriate findings as required 

by the Act and the Commission’s 

regulations in Title 10, Chapter 1, 

‘‘Nuclear Regulatory Commission,’’ of 

the Code of Federal Regulations (10 

CFR), and sets forth those findings in 

the renewed license. The agency 

afforded an opportunity for hearing in 

the Notice of Opportunity for Hearing 

published in the Federal Register on 

September 21, 2004 (69 FR 56462). The 

NRC received no request for a hearing 

or petition for leave to intervene 

following the notice. 

The NRC staff prepared a safety 

evaluation report for the renewal of 

Facility License No. TR–5 and 

concluded, based on that evaluation, 

that the licensee can continue to operate 

the facility without endangering the 

health and safety of the public. The NRC 

staff also prepared a final 

Environmental Impact Statement for 

license renewal, noticed in the Federal 

Register on December 13, 2007 (72 FR 

70900), and concluded that renewal of 

the license will not have a significant 

impact on the quality of the human 

environment. 

For details with respect to the 

application for renewal, see the 

licensee’s letter dated April 9, 2004 

(ADAMS Accession Nos. ML041120167, 

ML041120179, ML041120201, 

ML041120205, ML041120206, 

ML041120207, ML041120210, 

ML041120216, ML041120217, 

ML041120221, ML041120225, 

ML041120229, ML041120233, 

ML041120234, ML041120235, 

ML041120237, ML041120239, 

ML041120241, ML041120244, 

ML041120247, ML041120250), as 

supplemented on October 2, 2006 

(ADAMS Accession No. ML062850511), 

May 30 (ADAMS Accession No. 

ML071570459) and August 14, 2007 

(ADAMS Accession No. ML072390261), 

September 16 (ADAMS Accession No. 

ML082890338), October 21 (ADAMS 

Accession No. ML083030209), and 

December 8, 2008 (ADAMS Accession 

No. ML083510754), and March 3 

(ADAMS Accession No. ML090700132), 

March 19 (ADAMS Accession No. 

ML090890327), and April 22, 2009 

(ADAMS Accession Nos. ML091190451 

and ML091190464). Documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the NRC 

Web site, http://www.nrc.gov/readingrm/adams.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR Reference staff at 

1–800–397–4209 or 301–415–4737, or 

send an e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 2nd day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Kathryn M. Brock, 

Chief, Research and Test Reactors Branch 

A, Division of Policy and Rulemaking, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–16350 Filed 7–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60216; File No. SR–NYSE– 

2009–59] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Amending 

Exchange Rules To Allow Customers 

To Transmit Orders on the Exchange 

With Settlement Instructions of 

‘‘Cash,’’ ‘‘Next Day,’’ and ‘‘Seller’s 

Option’’ Directly to a Floor Broker for 

Manual Execution 

July 1, 2009. 

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 June 23, 

2009, 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 

several Exchange rules to allow 

customers to transmit orders with 

settlement instructions for other than 

regular way settlement, i.e., settling on 

the third business day following the 

trade date. Such orders must be 

transmitted to a Floor broker for manual 

handling on the Exchange. 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, 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, 


sroberts on DSKD5P82C1PROD with NOTICES
33284 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 

4See SR–NYSE Amex–2009–31. 

5See Securities and Exchange Act Release No. 

59446 (February 25, 2009), 74 FR 9323 (March 3, 

2009) (SR–NYSE–2009–17). The Exchange notes 

that the implementation of the changes described in 

this filing continue to be made on a security by 

security basis and, to date, are not operative in 

every security traded on the Exchange. 

6The Exchanges review of the different types of 

orders received during the week of May 12, 2008 

through May 16, 2008 showed that there were on 

average 28 cash orders (with an average of 1,653 

shares per day), 48 next day orders (average of 763 

shares per day) and 2 seller’s option orders (average 

of 2,839 shares per day) utilized by market 

participants each day. By comparison, for May 

2008, the Exchange received an average of 92.2 

million orders a day. Even during the last five 

trading days of 2007, when the most cash, next day 

and seller’s option orders are received, the average 

per day submissions were 123 for cash (average of 

896 shares per day), 199 for next day (average of 

1,848 shares per day) and 10 for seller’s option 

(average of 11,679 shares per day). The Exchange 

did however, execute an atypical amount of shares 

submitted with cash, next day and seller’s option 

settlement instructions on December 30th and 31st 

of 2008. Specifically, on December 30, 2008, 

126,504 shares were executed on a cash settlement 

basis, 10,284,879 shares for next day settlement and 

10,000,000 shares for seller’s option settlement. In 

addition, there were 8,110,228 shares executed for 

cash settlement on December 31, 2008. The 

Exchange maintains that this level of activity was 

reflective of the economic events of 2008 and is 

unrelated to usual trading patterns for these 

settlement types. 

7The Exchange notes that as currently 

configured, the only Exchange system that will 

accept orders with non-regular way instructions is 

the Broker Booth Support System (‘‘BBSS’’). Thus, 

these types of orders cannot be transmitted directly 

to a Floor broker’s hand-held device. In addition, 

odd-lot orders with non-regular way settlement 

instructions will not be accepted in BBSS and, 

therefore, will not be permitted. 

8On June 10, 2009, the Exchange implemented 

this proposal after submitting a draft of this filing 

to the Commission, but prior to formal submission 

and receipt of a waiver of the 30-day delayed 

operative date. 

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 allow 

customers to transmit orders for 

execution on the Exchange with the 

settlement instructions of ‘‘cash’’, ‘‘next 

day’’ and ‘‘seller’s option’’ (collectively 

referred to herein as ‘‘non-regular way 

settlement’’) directly to a Floor broker 

for manual execution. Specifically, the 

Exchange seeks to adopt Rule 14 (NonRegular Way Settlement Instructions for 

Orders) to provide that orders with 

these types of settlement instructions 

may only be submitted directly to a 

Floor broker. In addition, the Exchange 

proposes to add references to Rule 14 to 

several Exchange rules which relate in 

some way to these settlement 

instructions. 

The Exchange notes that parallel 

changes are proposed to be made to the 

rules of the NYSE Amex LLC (formerly 

the American Stock Exchange).4

Background 

On March 13, 2009, the Exchange’s 

amended rule became operative to 

require that all orders submitted to 

Exchange be submitted for regular way 

settlement (i.e., settlement on the third 

business day following trade date).5

Prior to that requirement, the Exchange 

allowed market participants to submit 

orders that contained non-regular way 

settlement instructions directly to the 

Exchange matching/execution engine 

(Display Book), or to a Floor broker for 

representation. Cash settlement 

instructions required delivery of the 

securities the same day as the 

transaction. Next day settlement 

instructions required delivery of the 

securities on the first business day 

following the transaction. Orders that 

had settlement instructions of seller’s 

option afforded the seller the right to 

deliver the security or bond at any time 

within a specified period, ranging from 

not less than two business days to not 

more than 180 days for stocks and not 

less than two business days and no 

more than 60 days for U.S. government 

securities. 

If an order containing non-regular 

way settlement instructions was sent to 

a Floor broker for representation, then 

the Floor broker was responsible for 

going to the post where the security 

traded to effect the execution of that 

order. However, Display Book 

electronically submitted orders that 

contained non-regular way settlement 

instructions were ineligible for 

immediate and automatic execution. 

Rather, the orders bypassed the Display 

Book, and were printed on paper at the 

Designated Market Makers’ (‘‘DMMs’’) 

post locations, along with other 

administrative messages. Thereafter, the 

orders containing non-regular way 

settlement instructions required the 

DMM and the trading assistant to realize 

that the document printed was in fact an 

order which in some instances caused 

delay in the execution of the order. The 

DMM was then responsible for the 

manual execution of the order. The 

manual intervention required by the 

DMM and trading assistant at the post 

location in the processing of orders 

containing non-regular way settlement 

instructions put the orders at the very 

real risk of ‘‘missing the market’’ as a 

result of the current speed of order 

execution in the Exchange market. 

In addition to the risk of ‘‘missing the 

market’’, orders containing non-regular 

way settlement instructions were 

generally infrequently used by market 

participants for much of the trading 

calendar.6 The Exchange therefore 

provided that only orders for regular 

way execution be submitted to the 

Exchange. 

Exchange customers, however, have 

expressed that certain trading strategies 

and/or the expiration of certain trading 

instrument (e.g. rights and warrants) 

require the ability to submit orders to 

the Exchange that contain instructions 

for execution with non-regular way 

settlement. To accommodate the needs 

of its customers, the Exchange proposes 

to allow orders containing non-regular 

way settlement instructions to be 

transmitted directly to a Floor broker for 

manual order handling. 

Proposed Floor Broker Handling of 

Cash, Next Day, Seller’s Option 

Settlement Instructions 

The Exchange’s commitment to 

provide its market participants with 

immediate and automatic execution in 

the most efficient manner requires the 

establishment of a separate order 

handling protocol for orders that 

contain non-regular way settlement 

instructions. Prior to the rule changes 

proposed in SR–NYSE–2009–17, the 

required manual intervention by the 

DMMs and DMM trading assistants did 

not provide for efficient order handling 

protocol because it put the orders at the 

very real risk of ‘‘missing the market’’ as 

a result of the current speed of order 

execution in the Exchange market. 

However, the Exchange recognizes that 

that there may be a continuing need for 

the availability of orders with nonregular way settlement instructions in 

its marketplace. To that end, the 

Exchange has designed a method of 

entry for these orders that will involve 

minimal manual handling by DMMs. 

The Exchange therefore proposes to 

adopt NYSE Rule 14 (‘‘Non-Regular Way 

Settlement Instructions for Orders’’) to 

allow customers to directly transmit an 

order containing instructions for cash, 

next day and seller’s option settlement 

as described above to a Floor broker for 

representation in the trading crowd.7

DMMs will not have order handling 

responsibility for these orders and 

Exchange systems that route orders to 

the Display Book will not accept orders 

containing non-regular way 

instructions. Routing orders to Floor 

brokers would then be the only 

acceptable way for orders with nonregular way settlement instructions to 

be transmitted to the Exchange.8


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 33285 

9FESC stands for ‘‘Front End Systemic Capture’’. 

Under NYSE Rule 123 (Records of Orders) members 

and member organizations are required to enter the 

details of an order, including any modification or 

cancellation, into a system which electronically 

timestamps the time of entry prior to representing 

or executing that order on the Floor. 

10The Exchange notes that Floor brokers who 

accept customer orders with non-regular way 

settlement instructions will have the same best 

execution responsibilities in representing these 

orders as they would for regular way orders. 

11Currently, the Exchange does not trade U.S. 

Government securities. 12 15 U.S.C. 78f(b)(5). 

Proposed Rule 14 will define the 

acceptable non-regular way settlement 

instructions valid on the Exchange. An 

order submitted with cash settlement 

instructions would require delivery of 

the securities on the same day as the 

trade date. Next day settlement 

instructions would require delivery of 

the securities on the first business day 

following the trade date. Orders that 

have settlement instructions of seller’s 

option would afford the seller the right 

to deliver the security or bond at any 

time within a specified period, ranging 

from not less than two business days to 

not more than 60 days for securities and 

not less than two business days and no 

more than 60 days for U.S. government 

securities. The Exchange modified from 

the previously effective version of this 

rule the maximum days for a seller’s 

option from 180 days to 60 days to 

reflect current industry practice for 

securities other than U.S. government 

securities. 

Further, pursuant to proposed NYSE 

Rule 14, a customer that requests the 

execution of an order pursuant to nonregular way settlement instructions of 

cash, next day or seller’s option must 

send the order directly to a Floor broker 

booth location on the Floor of the NYSE. 

A Floor broker that receives an order 

containing settlement instructions for 

cash, next day or seller’s option must 

enter the order into broker systems prior 

to representing the order in the trading 

crowd to comply with his or her FESC 

obligations.9 Thereafter, the Floor 

broker would be allowed to represent 

the order in the trading crowd.10

Executions by the Floor broker of order 

containing non-regular way settlement 

would be reported to the Consolidated 

Tape with cash, next day or seller’s 

option transaction indicators as 

appropriate. 

In addition, the Exchange proposes to 

amend NYSE Rules 64 (Bonds, Rights 

and 100-Share-Unit Stocks), 66 (U.S. 

Government Securities),11 130 

(Overnight Comparison of Exchange 

Transactions), to allow for non-regular 

way settlement as prescribed by 

proposed Rule 14. The Exchange further 

proposes to amend Rules 137 (Written 

Contracts) and 137A (Samples of 

Written Contracts) to include seller’s 

options in written contracts. In addition, 

the Exchange further proposes to 

reinstate reserved Rules 73, 177 and 179 

to re-establish ‘‘Seller’s Option’’, 

‘‘Delivery Time—‘Cash’ Contracts’’ and 

‘‘Seller’s Option’’ in order to specify 

precedence and delivery times for 

transactions made pursuant to cash and 

seller’s option settlement instructions. 

The Exchange further proposes to 

amend NYSE Rule 189 (Unit of 

Delivery) to specify that the buyer shall 

not be required to accept a portion of a 

lot of securities contracted for before the 

seller’s option expiration date. NYSE 

Rules 235 (Ex-Dividends, Ex-Rights), 

236 (Ex-Warrants), 257 (Deliveries After 

‘‘Ex’’ Date) and 282 (Buy-In Procedures) 

to add specific provisions related to 

orders submitted with cash settlement 

instructions. NYSE Rules 241 (Interest— 

Added to Contract Price) to add specific 

provisions related to orders submitted 

with seller’s option settlement 

instructions. 

With respect to Rule 64, the Exchange 

proposes to add provisions that were 

previously a part of the Rule before the 

Exchange eliminated non-regular way 

settlement instructions under SR– 

NYSE–2009–17. Specifically, the 

Exchange proposes to: 

(1) Add paragraph (a)(ii) to require that on 

the second and third business days preceding 

the final day for subscription, bids and offers 

in rights may only be made for next day 

settlement, and may only be made for cash 

settlement on the day preceding the final day 

for subscription; 

(2) Add paragraph (b) to require that all 

trades for other than regular way settlement 

that are more than .10 point away from the 

regular way bid or offer must be approved by 

a Floor Official, except that this will be 

expanded to .25 during the last trading week 

of the calendar year; and 

(3) Add paragraph (c) to require that while 

for seller’s option trades the settlement date 

is established in business days, they must be 

reported to the tape in calendar days. 

The Exchange believes these 

provisions are necessary to continue to 

regulate non-regular way trades, as they 

were before they were eliminated. 

The Exchange also proposes to add 

references to proposed NYSE Rule 14 

and non-regular way settlement 

instructions to those rules that have 

provisions that implicate settlement 

instructions. Specifically, the Exchange 

proposes to add the reference to NYSE 

Rules 12 (‘‘Business Day’’) and 123 

(Record of Orders). 

Odd Lot Orders 

Proposed NYSE Rule 14 will only 

permit non-regular way settlement 

instructions for round lot orders and 

orders that are comprised of a round lot 

and an odd lot, i.e., partial round lot 

orders (‘‘PRLs’’). Odd lot orders with 

non-regular way settlement instructions 

will not be acceptable for execution on 

the Exchange. Exchange systems, order 

execution and post settlement 

processing will not support non-regular 

way settlement for odd lots. PRL orders 

submitted with non-regular way 

settlement instructions will be executed 

pursuant to the provisions of proposed 

Rule 124.40 (ii). Proposed Rule 124.40 

(ii) will require that the odd-lot portion 

of the PRL will be executed at the same 

price of the last round lot in the order 

to better facilitate the post settlement 

processing of these orders. 

The Exchange believes that the instant 

proposal will meet the needs of its 

customers to submit orders for nonregular way settlement in a manner that 

will provide effective representation for 

the customer in the Exchange’s current 

market. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Act’’) for 

this proposed rule change is the 

requirement under Section 6(b)(5) 12

that an exchange have rules that are 

designed 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 instant filing 

accomplishes these goals by restoring 

the ability of Exchange market 

participants to enter orders with other 

than ‘‘regular way’’ settlement 

instructions, and allow these orders to 

be represented at the point of sale in the 

Exchange’s auction market while 

reducing the risk of such orders missing 

the market. 

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. 


sroberts on DSKD5P82C1PROD with NOTICES
33286 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f)(6). 

15 In addition, Rule 19b–4(f)(6)(iii) requires the 

self-regulatory organization to give the Commission 

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. NYSE has satisfied this requirement. 

16 17 CFR 240.19b–4(f)(6). 

17 17 CFR 240.19b–4(f)(6)(iii). 

18For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

19 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. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 13 and Rule 19b–4(f)(6) 

thereunder 14 because the foregoing 

proposed rule: (1) Does not significantly 

affect the protection of investors or the 

public interest; (2) does not impose any 

significant burden on competition; and 

(3) does not become operative for 30 

days after the date of filing, or such 

shorter time as the Commission may 

designate if consistent with the 

protection of investors and the public 

interest.15

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 16 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6)(iii) 17

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The NYSE has requested 

that the Commission waive the 30-day 

operative delay. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest, because the proposed rule 

change restores the ability of market 

participants to submit, and Floor 

brokers to receive, orders containing 

non-regular way settlement instructions. 

Accordingly, the proposed rule change 

does not raise any novel or troubling 

issues. For this reason, the Commission 

designates the proposed rule change as 

operative upon filing.18

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–NYSE–2009–59 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–2009–59. 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 the filing will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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– 

2009–59 and should be submitted on or 

before July 31, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16313 Filed 7–9–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60217; File No. SR– 

NYSEAMEX–2009–31] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Amending NYSE Amex 

Equities Rules To Allow Customers To 

Transmit Orders on the Exchange With 

Settlement Instructions of ‘‘Cash,’’ 

‘‘Next Day’’ and ‘‘Seller’s Option’’ 

Directly to a Floor Broker for Manual 

Execution 

July 1, 2009. 

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 June 23, 

2009, 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 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 

several NYSE Amex Equities rules to 

allow customers to transmit orders for 

execution on the Exchange with the 

settlement instructions of ‘‘cash’’, ‘‘next 

day’’ and ‘‘seller’s option’’ directly to a 

Floor broker for manual execution. 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, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 


sroberts on DSKD5P82C1PROD with NOTICES