Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 34615 

6 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. 

4Amendment No. 1 made a technical correction 

to the proposed changes to the NYSE Fee Schedule. 

5See Securities Exchange Act Release No. 59229 

(January 12, 2009) 74 FR 3119 (January 16, 2009) 

(SR–NYSE–2009–01). 

6See Securities Exchange Act Release No. 59491 

(March 3, 2009) 74 FR 10107 (March 9, 2009) (SR– 

NYSE–2009–20). 

7See Securities Exchange Act Release No. 59864 

(May 5, 2009) 74 FR 22194 (May 12, 2009) (SR– 

NYSE–2009–44). 

8 15 U.S.C. 78a. 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(2). 

should be submitted on or before 

August 6, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16856 Filed 7–15–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60278; File No. SR–NYSE– 

2009–67] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change as Modified by 

Amendment No. 1 Thereto Extending a 

Temporary Equity Transaction Fee for 

Shares Executed on the NYSE 

MatchPointSM System 

July 10, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on July 6, 

2009, New York Stock Exchange LLC 

(‘‘NYSE’’ or ‘‘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 the self-regulatory organization. On 

July 8, 2009, the Exchange filed 

Amendment No. 1 to the proposed rule 

change.4 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 extend a 

temporary equity transaction fee for 

shares executed on the NYSE 

MatchPointSM (‘‘NYSE MatchPoint’’ or 

‘‘MatchPoint’’) system, effective upon 

filing through July 31, 2009. The 

Exchange will charge each member 

organization using the MatchPoint 

system a per share fee scaled to the 

average daily volume of shares it 

executes on the MatchPoint system. 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, 

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 

On January 7, 2009, the Exchange 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’) a 

proposed rule change to adopt a 

temporary equity transaction fee for 

shares executed on the NYSE 

MatchPointSM system, effective until 

February 28, 2009 (the ‘‘January 

filing’’).5 On February 26, 2009, the 

Exchange filed with the Commission a 

proposed rule change to extend this 

temporary equity transaction fee until 

April 30, 2009 (the ‘‘March filing’’).6 On 

April 29, 2009, the Exchange filed with 

the Commission a proposed rule change 

to further extend this temporary equity 

to transaction fee until June 30, 2009 

(the ‘‘April filing’’).7 Through this filing, 

the Exchange proposes to extend this 

equity transaction fee to be effective 

upon filing through July 31, 2009. 

Prior to the January filing, the equity 

transaction fee was $.0015 per share 

executed on the MatchPoint system. In 

the January filing, the Exchange 

proposed to adopt a scaled fee for 

MatchPoint users based on the average 

daily volume of shares executed during 

a calendar month through the 

MatchPoint system as follows: 

Average daily volume of 

shares executed 

Rate 

(per share) 

50,000 shares or less ........... $.0015 

Over 50,000 to 499,999 ....... .0010 

500,000 and greater ............. .0005 

The March and April filings proposed 

to continue this fee schedule. 

The Exchange believes that the 

extension of the fee schedule through 

July 31, 2009 will continue to reward 

those who have been using the 

MatchPoint system for share execution, 

and will provide a continued incentive 

for new participants in MatchPoint. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Act’’) 8 for 

the proposed rule change is the 

requirement under Section 6(b)(4) that 

an exchange have rules that provide for 

the equitable allocation of reasonable 

dues, fees and other charges among its 

members and other persons using its 

facilities. The Exchange believes the 

fees are reasonable in that they carry 

forward a reduction in fees that the 

January filing established and that the 

March and April filings extended, and 

are equitable in that they are available 

to all members who access the 

MatchPoint system. 

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 foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 9 of the Act and 

subparagraph (f)(2) of Rule 19b–4 10

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

NYSE. 

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. 


erowe on DSK5CLS3C1PROD with NOTICES
34616 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 

11 17 CFR 200.30–3(a)(12). 

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–2009–67 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–2009–67. 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 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–2009–67 and should 

be submitted on or before August 6, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16855 Filed 7–15–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions to OMB-approved 

information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, email, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers shown 

below. 

(OMB) Office of Management and 

Budget, Attn: Desk Officer for SSA, Fax: 

202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA) Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1332 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400, E-mail address: 

OPLM.RCO@ssa.gov. 

SSA has submitted the information 

collections we list below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if OMB and SSA receive them 

within 30 days from the date of this 

publication. To be sure we consider 

your comments, we must receive them 

no later than August 17, 2009. You can 

obtain a copy of the OMB clearance 

packages by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the above email address. 

1. Appointed Representative 

Services—0960–0732. SSA uses Form 

SSA–1699 to register the following 

people: 

• Individuals appointed as 

representatives; 

• Individuals who will perform 

advocacy services on behalf of an 

appointed representative; 

• Individuals who will act on behalf 

of an appointed representative and want 

access to our electronic services; and 

• Individuals who will serve as 

administrators for an entity appointed 

as a representative. 

By registering these individuals, SSA: 

(1) Authenticates and authorizes them 

to do business with us; (2) allows them 

access to our records for the claimants 

they represent; (3) facilitates direct 

payment of authorized fees to appointed 

representatives; and (4) collects 

information needed to meet IRS 

requirements to issue specific IRS 

forms, if we pay these representatives in 

excess of a specific amount ($600). 

This information collection request is 

for changes we will implement later in 

the year. The respondents are appointed 

claimant representatives. 

Type of Request: Revision to an OMB 

approved information collection. 

Modality of completion Number 

of respondents 

Frequency 

of 

response 

Average 

burden per response 

(minutes) 

Estimated 

annual 

burden (hours) 

SSA–1699 (paper form) ................................................................... 52,800 1 30 26,400 

Internet-based SSA–1699 ............................................................... 13,200 1 22 4,840 

Totals ........................................................................................ 66,000 ............................ ............................ 31,240 


erowe on DSK5CLS3C1PROD with NOTICES