
[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]               
[Page 55382-55383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se10-101]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62833; File No. SR-NYSEArca-2010-82]

 
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot 
Period To Receive Inbound Routes of Equities Orders From Archipelago 
Securities LLC

September 2, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on August 31, 2010, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') 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\ 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 extend the pilot period of the Exchange's 
prior approvals to receive inbound routes of equities orders from 
Archipelago Securities LLC (``Arca Securities''), an NYSE Arca 
affiliated ETP Holder. 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 the 
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
    Currently, Arca Securities is the approved outbound order routing 
facility of the Exchange.\3\ Arca Securities is also the approved 
outbound order routing facility of the New York Stock Exchange LLC 
(``NYSE'') and NYSE Amex LLC (``NYSE Amex'').\4\ The Exchange, through 
NYSE Arca Equities, has also been previously approved to receive 
inbound routes of equities orders by Arca Securities in its capacity as 
an order routing facility of the NYSE and NYSE Amex.\5\ The Exchange's 
authority to receive inbound routes of equities orders by Arca 
Securities is subject to a pilot period ending September 30, 2010.\6\ 
The Exchange hereby seeks to extend the previously approved pilot 
period (with the attendant obligations and conditions) for an 
additional 6 months, through March 31, 2011.
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    \3\ See Securities Exchange Act Release No. 54238 (July 28, 
2006), 71 FR 44758 (August 7, 2006) (order approving SR-NYSEArca-
2006-13); see also, Securities Exchange Act Release No. 52497 
(September 22, 2005), 70 FR 56949 (September 29, 2005)(SR-PCX-2005-
90); see also, Securities Exchange Act Release No. 44983 (October 
25, 2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25); see also, 
Securities Exchange Act Release No. 58681 (September 29, 2008), 73 
FR 58285 (October 6, 2008) (order approving SR-NYSEArca-2008-90).
    \4\ See Securities Exchange Act Release No. 55590 (April 5, 
2007), 72 FR 18707 (April 13, 2007) (notice of immediate 
effectiveness of SR-NYSE-2007-29); see also, Securities Exchange Act 
Release No. 58680 (September 29, 2008), 73 FR 58283 (October 6, 
2008) (order approving SR-NYSE-2008-76). See Securities Exchange Act 
Release No. 59009 (November 24, 2008), 73 FR 73363 (December 2, 
2008) (order approving SR-NYSEALTR-2008-07); see also, Securities 
Exchange Act Release No. 59473 (February 27, 2009) 74 FR 9853 (March 
6, 2009) (order approving SR-NYSEALTR-2009-18).
    \5\ See Securities Exchange Act Release No. 58681 (September 29, 
2008), 73 FR 58285 (October 6, 2008) (order approving NYSEArca-2008-
90); see also, Securities Exchange Act Release No. 59010 (November 
24, 2008), 73 FR 73373 (December 2, 2008) (order approving SR-
NYSEArca-2008-130).
    \6\ See Securities Exchange Act Release No. 61813 (March 31, 
2010), 75 FR 17459 (April 6, 2010) (Notice of immediate 
effectiveness of SR-NYSEArca-2010-19).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the 
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers 
the objectives of Section 6(b)(5) \8\ 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

[[Page 55383]]

cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to remove impediments to and perfect 
the mechanism of a free and open market and a national market system. 
Specifically, the proposed rule change will allow the Exchange to 
continue receiving inbound routes of equities orders from Arca 
Securities acting in its capacity as a facility of the NYSE and NYSE 
Amex, in a manner consistent with prior approvals and established 
protections. The Exchange believes that extending the previously 
approved pilot period for six months will permit both the Exchange and 
the Commission to further assess the impact of the Exchange's authority 
to receive direct inbound routes of equities orders via Arca Securities 
(including the attendant obligations and conditions).\9\
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ The Exchange is currently analyzing the condition regarding 
non-public information and system changes in order to better reflect 
the operation of Arca Securities.
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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 rule change does not: (1) Significantly 
affect the protection of investors or the public interest; (2) impose 
any significant burden on competition; and (3) become operative for 30 
days after the date of this filing, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires that a self-regulatory organization submit to the 
Commission written 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.
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    At any time within 60 days of the filing of such proposed rule 
change the Commission summarily may temporarily suspend 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-NYSEArca-2010-82 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-2010-82. 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 printing 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 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-NYSEArca-2010-82 and should be submitted on or before 
October 1, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22562 Filed 9-9-10; 8:45 am]
BILLING CODE 8010-01-P

