
[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]               
[Page 22782-22783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my09-81]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59884; File No. SR-NYSE-2009-43]

 
Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Delete All References in the NYSE Rule Book to ``Alternext'' and 
``Alternext US'' and Substitute References to ``Amex'' To Reflect the 
Recent Name Change of NYSE Alternext US LLC to NYSE Amex LLC

May 7, 2009.
    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, 2009, New York Stock Exchange LLC (``NYSE'' or the 
``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 NYSE. The Exchange has 
designated this proposal as one concerned solely with the 
administration of the Exchange pursuant to Section 19(b)(3)(A)(iii) of 
the Act \3\ and Rule 19b-4(f)(3) 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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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 NYSE Rule Book to delete all 
references therein to ``Alternext'' and ``Alternext US'' and substitute 
references to ``Amex'' to reflect the recent name change of NYSE 
Alternext US LLC to NYSE Amex LLC. 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, NYSE 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. NYSE 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
    On March 18, 2009, NYSE Alternext US LLC (the ``Amex SRO''), 
formerly American Stock Exchange LLC prior to its acquisition by NYSE 
Euronext on October 1, 2008, filed a Certificate of Amendment with the 
Secretary of State of the State of Delaware to officially change its 
name to NYSE Amex LLC. Earlier, on March 3, 2009, the Amex SRO had 
filed a Form 19b-4 with the Commission proposing to amend its rules to 
reflect the name change, and the Commission issued a Notice with 
respect to that rule filing on March 13, 2009.\5\
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    \5\ See Securities Exchange Act Release No. 34-59575 (March 13, 
2009), 74 FR 11803 (March 19, 2009): Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change (File No. SR-NYSEALTR-2009-
24).
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    The Exchange has a number of outdated references in its Rule Book 
to the Amex SRO under the old name, specifically in Rules 2, 6A, 18, 
36, 103B and 300. The purpose of this proposed rule change is to amend 
the Exchange's Rule Book to delete all references therein to 
``Alternext'' and ``Alternext US'' and substitute references to 
``Amex'' to accurately reflect the recent name change of the Amex SRO.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), 
in general, and furthers the objectives of Section 6(b)(5) \7\ in 
particular in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, 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. More specifically, updating the references in the 
Exchange's rules to reflect the correct name of the Amex SRO may help 
eliminate potential confusion among investors who may not be aware that 
a name change has taken place.
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    \6\ 15 U.S.C. 78f(b).
    \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 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 is concerned solely with 
the administration of the Exchange, it has become effective pursuant to 
Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(3) of Rule 19b-
4 thereunder.\9\ 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).
    \9\ 17 CFR 240.19b-4(f)(3).

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[[Page 22783]]

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-2009-43 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-2009-43. 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 such filing also will be available for 
inspection and copying at the principal office of NYSE. 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-2009-43 and should be 
submitted on or before June 4, 2009.

    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. E9-11228 Filed 5-13-09; 8:45 am]

BILLING CODE 8010-01-P
