
[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Notices]               
[Page 26458-26459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-118]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57776; File No. SR-NYSEArca-2008-43]

 
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Schedule of Fees and Charges for Exchange Services

May 5, 2008.
    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, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''), 
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE 
Arca Equities''), 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 substantially prepared by the 
Exchange. NYSE Arca has filed the proposal pursuant to Section 
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2) 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the section of its Schedule of Fees 
and Charges for Exchange Services (``Fee Schedule'') that applies to 
orders submitted by ETP Holders.\5\ While changes to the Fee Schedule 
pursuant to this proposal will be effective upon filing, the changes 
will become operative on May 1, 2008. The text of the proposed rule 
change is available at NYSE Arca, the Commission's Public Reference 
Room, and http://www.nyse.com.
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    \5\ See NYSE Arca Equities Rule 1.1(n).
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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 these 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 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 amend the Fee Schedule as it applies to 
ETP Holders as follows:
    Rebates on non-displayed Mid-Point Passive Liquidity Orders 
(``MPLs''). All customers will receive a rebate of $0.0010 per share 
for MPLs in securities listed on the New York Stock Exchange LLC 
(``NYSE'') posted to the Book. Customers that provide more than 30 
million average daily share volume per month in NYSE-listed securities 
will receive a rebate of $0.0015 per share for MPLs posted to the Book. 
The MPL is an undisplayed limit order that offers price improvement to 
customers by executing at the mid-point of the National Best Bid and 
Offer.
    New price tier in NYSE-listed securities. Customers who provide 40 
million average daily share volume per month will be charged a take fee 
of $0.0029 per share in NYSE-listed securities. This is a reduction 
from the take fee of $0.003 currently charged when taking NYSE-listed 
shares from the Book. Customers who provide 30 million average daily 
share volume per month will be charged a routing fee of $0.0008 per 
share for orders routed to NYSE (a reduction from the $0.001 per share 
otherwise charged for orders routed to NYSE) and will continue to pay 
$0.0030 per share for orders routed to other exchanges.
    Elimination of rebate cap. To reward active liquidity providers, 
the Exchange will eliminate the current rebate cap of 100 million daily 
average shares per month in NYSE-listed securities and 75 million daily 
average shares per month in securities listed on The NASDAQ Stock 
Market LLC (``Nasdaq'').
    Increased routing fees in Nasdaq-listed securities. In response to 
recent fee increases by Nasdaq, the Exchange will increase its routing 
fee in Nasdaq-listed securities from $0.0026 to $0.0029 per share for: 
(i) Customers who transact an average daily share volume per month 
greater than 60 million shares (including transactions that take 
liquidity, provide liquidity, or route to away market centers) and 
provide liquidity an average daily share volume per month greater than 
30 million shares, and (ii) customers who transact an average daily 
share volume per month greater than 30 million shares (including 
transactions that take liquidity, provide liquidity, or route to away 
market centers) and provide liquidity an average daily share volume per 
month greater than 15 million shares.
    The Exchange will also renumber certain footnotes contained within 
the Fee Schedule. While changes to the Fee Schedule pursuant to this 
proposal will be effective upon filing, the changes will become 
operative on May 1, 2008.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\6\ in general, and with 
Section 6(b)(4) of the Act,\7\ in particular, in that it is intended to 
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 proposed fees and credits are 
reasonable. The proposed rates are part of the Exchange's effort to 
attract and enhance participation on the Exchange, by offering 
increased credits and decreased fees where certain volume thresholds 
are satisfied. The Exchange also believes that the proposed changes to 
the Fee Schedule are equitable in that they apply uniformly to our 
Users. The increased routing fee in Nasdaq-listed securities seeks to 
recoup increased routing expenses resulting from Nasdaq fee increases.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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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.

[[Page 26459]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Written comments on the proposed rule change were neither solicited 
nor received.

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)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4 
thereunder \9\ because it establishes or changes a due, fee, or other 
charge applicable only to a member imposed by the self-regulatory 
organization. Accordingly, the proposal is effective upon Commission 
receipt of the filing. 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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-NYSEArca-2008-43 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2008-43. 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 the filing also will be available for 
inspection and copying at the principal office of NYSE Arca. 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-2008-43 and should 
be submitted on or before May 30, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-10354 Filed 5-8-08; 8:45 am]

BILLING CODE 8010-01-P
