
[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Notices]               
[Page 34498-34499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn10-121]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62284; File No. SR-NYSE-2010-45]

 
Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC 
Amending Rule 80C To Clarify Reopening Procedures

June 11, 2010.
    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 June 10, 2010, 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 Rule 80C to clarify reopening 
procedures. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 80C to clarify the procedures 
applicable during a Trading Pause for the reopening of a security on 
the Exchange following the invocation of a Trading Pause.\4\ Rule 80C 
was approved by the Commission on June 10, 2010.\5\
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    \4\ The Exchange notes that parallel changes are proposed to be 
made to the rules of the NYSE Amex Exchange. See Securities Exchange 
Act Release No. 62283 (June 11, 2010)(SR-NYSEAmex-2010-56).
    \5\ See Securities Exchange Act Release No. 62252 (June 10, 
2010).
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    Currently, Rule 80C states that indications ``shall'' be published 
as close to the beginning of the Trading Pause as possible and should 
be updated. While the clause ``as possible'' is intended to provide for 
those circumstances where it is not feasible to publish an indication 
prior to a reopening, to avoid confusion, the Exchange believes that 
section (b)(i) of the Rule should be clarified to state instead that 
indications may be published to the Consolidated Tape during a Trading 
Pause.
    The rule would be further amended to clarify that Floor Official 
approval is not required before publishing an indication, an indication 
does not need to be updated before reopening the security, and the 
security may reopen outside any prior indication. The Exchange also 
proposes to add a subsection to Rule 80C(b) to clarify that Floor 
Official approval under Rule 79A.20 is not required when reopening a 
security following a Trading Pause.
    The Exchange believes that these clarifications are necessary to 
avoid inconsistent regulatory obligations. Similar in concept to Rule 
48, which suspends the requirements for published indications or Floor 
Official approval during a market-wide volatility condition at the 
open, Rule 80C would suspend the same requirements on a security-by-
security basis because of the volatility that the security is already 
experiencing. The Exchange notes that notwithstanding whether an 
indication is published, order imbalance information and indicative 
price information will be disseminated by the Exchange pursuant to Rule 
15(c) as Order Imbalance Information. Additionally, a DMM may publish 
and update indications and may consult with a Floor Official concerning 
the reopening process.
    The Exchange also proposes to amend Rule 80C to provide that in the 
event of an early scheduled close, the rule would be in effect until 25 
minutes before such scheduled close.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5) 
of the Securities Exchange Act of 1934 (the ``Act''),\6\ which requires 
the rules of an exchange to promote just and equitable principles of 
trade, to remove

[[Page 34499]]

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. The proposed rule change also is designed to support 
the principles of Section 11A(a)(1) \7\ of the Act in that it seeks to 
assure fair competition among brokers and dealers and among exchange 
markets. The Exchange believes that the proposed amendments provide the 
Exchange with the necessary tools to ensure a fair and orderly 
reopening of a security following a market-wide Trading Pause.
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    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78k-1(a)(1).
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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 Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, 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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Commission notes that 
the proposed rule change is clarifying how the Exchange handles Trading 
Pauses in the case of an early scheduled closing of the Exchange, and 
how indications will be published during all Trading Pauses. The 
proposed rule change does not raise any new substantive issues. For 
these reasons, the Commission believes that the waiver of the 30-day 
operative date is consistent with the protection of investors and the 
public interest.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition and capital formation. 15 U.S.C. 
78c(f).
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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-NYSE-2010-45 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-2010-45. 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 Web site viewing and 
copying in the Commission's Public Reference Section, 100 F Street, 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the NYSE's principal office and 
on its Internet Web site at http://www.nyse.com. 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-2010-45 and should be submitted on 
or before July 8, 2010.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14670 Filed 6-16-10; 8:45 am]
BILLING CODE 8010-01-P

