
[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]               
[Page 483-485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja09-79]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59168; File No. SR-NYSE-2008-139]

 
Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC 
Amending Rule 48.10 To Extend the Temporary Provisions of the Rule 
Relating to the Ability of the Exchange to Declare an Extreme Market 
Volatility Condition and Suspend Certain NYSE Requirements Relating to 
the Closing of Securities at the Exchange

December 29, 2008.
    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 December 23, 2008, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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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 New York Stock Exchange (``NYSE'' or 
the ``Exchange'') Rule 48.10 to extend the temporary provisions of the 
rule relating to the ability of the Exchange to declare an extreme 
market volatility condition and suspend certain NYSE requirements 
relating to the closing of securities at the Exchange.
    The text of the proposed rule change is available at http://
www.nyse.com, NYSE, and 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 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,

[[Page 484]]

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 amend Rule 48.10 to temporarily extend the 
provisions of the rule relating to declaring an extreme market 
volatility condition at the close.
    On October 2, 2008, the Exchange filed for immediate effectiveness 
to amend NYSE Rule 48 to provide the Exchange with the ability to 
suspend certain rules at the close when extremely high market 
volatility could negatively affect the ability to ensure a fair and 
orderly close.\4\ The Exchange amended Rule 48 on an immediate 
effectiveness basis in order to respond swiftly to market conditions at 
that time. Those amendments were adopted on a temporary basis with the 
understanding that if the NYSE would like to adopt the closing 
provisions on a permanent basis, such proposal must be filed under 
Section 19(b)(2) of the Act.\5\
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    \4\ See SEC Release No. 34-58743 (Oct. 7, 2008), 73 FR 60742 
(Oct. 14, 2008) (SR-NYSE-2008-102).
    \5\ 15 U.S.C. 78s(b)(2).
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    The Exchange intends soon to file a rule proposal to amend Rules 48 
and 123C to delete from Rule 48 the provisions relating to declaring an 
extreme market volatility condition at the close and add them in 
modified form to Rule 123C (the ``Rule 48/123C filing''). That rule 
proposal would be filed under Section 19(b)(2) of the Securities 
Exchange Act of 1934 (the ``Act'').\6\ The Exchange now proposes to 
temporarily extend the NYSE Alternext Equities Rule 48 at-the-close 
provisions pending the outcome of the Rule 48/123C filing. Accordingly, 
the Exchange proposes to amend Rule 48.10 to provide that the 
provisions of that rule relating to declaring an extreme market 
volatility condition at the close will end on March 27, 2009.
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    \6\ Id.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \7\ 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.
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    \7\ 15 U.S.C. 78f(b)(5).
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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.

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: (1) Does not 
significantly affect the protection of investors or the public 
interest; (2) does not impose any significant burden on competition; 
and (3) by its terms, 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, 
the proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing.\10\ However, 
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. The Exchange requested that the Commission waive 
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\11\ 
which would make the rule change effective and operative upon filing.
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    \10\ 17 CFR 240.19b-4(f)(6)(iii). 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. The Exchange has satisfied this requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to extend without interruption the 
provisions of Rule 48 regarding the Exchange's ability to declare an 
extreme market volatility condition at the close and suspend certain 
rules relating to closing of securities on the Exchange. These 
provisions are currently scheduled to expire on December 31, 2008. The 
Commission notes the Exchange's representation that it soon intends to 
file a proposal to establish permanent rules regarding closing of 
securities subject to an extreme order imbalance at the close. In light 
of the foregoing, the Commission designates the proposal operative upon 
filing.\12\
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    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of such 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.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(C).
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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-NYSE-2008-139 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NYSE-2008-139. 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

[[Page 485]]

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-NYSE-2008-139 and should be 
submitted on or before January 27, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31348 Filed 1-5-09; 8:45 am]

BILLING CODE 8011-01-P
