
[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]               
[Page 48110-48111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se09-84]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60664; File No. SR-NYSEArca-2009-81]

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

September 14, 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 September 4, 2009, NYSE Arca, Inc. (``NYSE Arca'' 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 Exchange. 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.
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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 (the ``Schedule'') in order to 
establish a fee for its Risk Management Gateway (``RMG'') service. The 
amended section of the Schedule is included as Exhibit 5 hereto. A copy 
of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at 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 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
    On August 28, 2009 the Exchange filed with the Securities and 
Exchange Commission to establish its RMG Service. RMG is a service 
designed to facilitate the ability of Sponsoring ETP Holders to monitor 
and oversee the sponsored access activity of their Sponsored 
Participants. NYXATS offers an order-verification service to Sponsoring 
ETP Holders that acts as a risk filter by causing the orders of 
Sponsored Participants to pass through RMG prior to entering the 
Exchange's trading system for execution. When a Sponsored Participant's 
order passes through RMG, RMG software determines whether the order 
complies with order criteria that the Sponsoring ETP Holder has 
established for that Sponsored Participant. The order criteria reviewed 
by RMG may include the size of the order or the credit limit that the 
Sponsoring ETP Holder has established for the Sponsored Participant. 
This proposed rule change establishes fees for the RMG service.
    The Exchange proposes to charge each RMG user Three Thousand 
Dollars ($3,000) per month for the first Connection plus One Thousand 
Dollars ($1,000) per month for each additional Connection.
    A ``Connection'' is defined as up to 1000 messages per second 
inbound, regardless of the connection's actual capacity (i.e., if the 
NYXT infrastructure allows any single End User connection to support 
more than 1000 messages per second inbound, such connection will be 
deemed to be multiple Connections).
    The Exchange believes that the proposed fee is fair and reasonable 
and reflects an equitable allocation of charges among its members.
    The fee compares favorably with the fees that the Exchange's 
competitors charge for similar services, and is the same as the fee 
charged by the NYSE for its similar service.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Securities Exchange Act of 1934 
(the ``Act''),\3\ in general, and Section 6(b)(4) of the Act,\4\ 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. The Exchange believes 
that RMG will promote marketplace efficiency by providing security 
safeguards to the trading of securities by means of sponsored access 
and believes that the proposed fee is fair and reasonable for the 
reasons cited above.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 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.

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 proposed rule change is effective upon filing 
pursuant to Section 19(b)(3)(A)(ii) of the Act \5\ and Rule 19b-4(f)(2) 
thereunder,\6\ because it establishes a due, fee, or other charge 
imposed by NYSE Arca on its members.
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    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \6\ 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

[[Page 48111]]

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-2009-81 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-NYSEArca-2009-81. 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, on official 
business days between the hours of 10 a.m. and 3 p.m. Copies of such 
filing will also 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-NYSEArca-2009-81 and should be submitted on or before 
October 13, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
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    \7\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-22515 Filed 9-18-09; 8:45 am]

BILLING CODE 8010-01-P
