
[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]               
[Page 39983-39984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au09-68]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60418; File No. SR-NYSEAmex-2009-50]

 
Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Duplicate in the 
NYSE Amex Equities Price List the Section of the NYSE Amex Options 
Price List Setting Forth Regulatory Fees Applicable to Member 
Organizations

August 3, 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 27, 2009, NYSE Amex LLC (``NYSE Amex'' 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 the self-regulatory 
organization. The Exchange has designated this proposal eligible for 
immediate effectiveness pursuant to Rule 19b-4(f)(2).\4\ 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.
    \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 duplicate in the NYSE Amex Equities Price 
List the section of the NYSE Amex Options Price List setting forth 
regulatory fees applicable to member organizations. 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
    Member organizations of NYSE Amex are subject to the same 
regulatory fees regardless of whether they hold licenses to trade 
equities or options.\5\ Currently, the schedule of regulatory fees 
applicable to NYSE Amex member organizations is included only in the 
NYSE Amex Options Price List. Member organizations that hold only 
licenses to trade equity securities may not be familiar with the NYSE 
Amex Options Price List and may therefore not know where to find the 
schedule of regulatory fees. Additionally, the fact that the schedule 
of regulatory fees is not included in the NYSE Amex Equities Price List 
may cause confusion and lead to the erroneous impression that these 
regulatory fees do not apply to member organizations that hold only 
equity trading licenses. Consequently, NYSE Amex proposes to duplicate 
in its entirety in the NYSE Amex Equities Price List the regulatory fee 
section included in the NYSE Amex Options Price List. In doing so, NYSE 
Amex is not proposing to amend in any way the regulatory fees that 
member organizations currently pay. Going forward, NYSE Amex will make 
parallel changes to the two price lists whenever it amends any fees 
included in the schedule of regulatory fees.
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    \5\ Registration fees are currently being waived through 
September 30, 2009 for NYSE member organizations that automatically 
became member organizations of NYSE Amex by operation of NYSE Amex 
Equities Rule 2 at the time of relocation of all NYSE Amex equities 
trading to the to the NYSE trading facilities and systems located at 
11 Wall Street, New York, NY.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 \6\ of the Securities Exchange Act of 
1934 (the ``Act'') \7\ in general and Section 6(b)(4) of the Act \8\ in 
particular, in that it is designed to provide for the equitable 
allocation of reasonable dues, fees and other charges among its members 
and other persons using its facilities.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78a et seq.
    \8\ 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 39984]]

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 NYSE Amex.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    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 rule-comments@sec.gov. Please include 
File Number SR-NYSEAmex-2009-50 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-NYSEAmex-2009-50. 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 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 No. SR-NYSEAmex-2009-50 and should be 
submitted on or before August 31, 2009.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19017 Filed 8-7-09; 8:45 am]

BILLING CODE 8010-01-P
