
[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33389-33390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14033]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64581; File No. SR-NYSEAmex-2011-35]


Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the Fees 
Relating to the Sale of Trading Licenses

June 2, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on May 26, 2011, NYSE Amex LLC (``NYSE Amex'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``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 Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify the fees it charges for the 
issuance of trading licenses that are required in order to effect 
transactions on the floor of the Exchange or through any facility of 
the Exchange. The Exchange proposes to amend Rule 300--NYSE Amex 
Equities (Trading Licenses) to (i) Create a two-tiered pricing 
structure for the annual fee, under which the fee would continue to be 
$40,000 per license for the first two licenses held by a member 
organization but would be reduced to $25,000 per license for any 
additional trading licenses held by that member organization, (ii) 
provide a formula for proration of the annual fee during a calendar 
month in which a trading license has been in place for less than the 
full month and (iii) provide that the monthly installments of the 
annual fee be payable in arrears at the end of each month. These 
changes will become operational on June 1, 2011. The text of the 
proposed rule change is available at the Exchange, the Commission's 
Public Reference Room, http://www.sec.gov, 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 modify the fees it charges for the 
issuance of trading licenses that are required in order to effect 
transactions on the floor of the Exchange or through any facility of 
the Exchange. As currently provided in Rule 300--NYSE Amex Equities 
(Trading Licenses), the price per trading license sold in each annual 
offering of such licenses is $40,000 or such other price as the 
Exchange may set per trading license.
    The Exchange proposes to modify the structure of its annual fee for 
trading licenses by moving from a single price of $40,000 for all such 
licenses to a two-tiered pricing structure. Under the proposal, the 
annual fee would continue to be $40,000 per license for the first two 
trading licenses held by a member organization but would be reduced to 
$25,000 per license for any additional trading licenses held by that 
member organization.
    Pursuant to Rule 300(e)--NYSE Amex Equities, a buyer of a trading 
license is required to pay the Exchange the trading license fee in 
equal monthly installments in advance over the period during which the 
trading license is in effect. The Exchange proposes to change its 
billing schedule so that the monthly installments are payable in 
arrears at the end of each month.
    Finally, Rule 300(d)--NYSE Amex Equities provides that, following 
the annual offering and at any time thereafter during the following 
calendar year, the Exchange shall sell additional

[[Page 33390]]

trading licenses expiring at the end of the calendar year at a price of 
$44,000 \3\ or such other price as the Exchange may set, but prorated 
to reflect the amount of time remaining in the year. For any such 
additional trading license that is in place for 15 calendar days or 
less in a calendar month, the Exchange proposes that the proration for 
that month will be computed based on a flat rate of $100 per day with 
no tier pricing involved. For any such additional trading license that 
is in place for 16 calendar days or more in a calendar month, the 
Exchange proposes that the proration for that month will be computed 
based on the number of days as applied to the full annual fee for the 
license for the applicable tier.
---------------------------------------------------------------------------

    \3\ The Exchange notes that the $44,000 figure shown in the rule 
text as the current price for trading licenses sold during a 
calendar year following the annual offering is erroneous. The 
correct figure is $40,000--the same current price as trading 
licenses sold during the preceding annual offering, prorated to 
reflect the amount of time remaining in the year.
---------------------------------------------------------------------------

    These changes will become operational on June 1, 2011. Licenses 
that are already in place will be billed monthly for the remainder of 
the year at the new tier rates beginning on that date, but there will 
be no retroactive adjustment for the period prior to June 1 for those 
trading licenses that qualify for the new $25,000 tier price. For the 
June 2011 billing, the Exchange will begin invoicing in arrears as 
discussed above.
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''),\4\ in general, and Section 6(b)(4) of the Act,\5\ 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 the proposal does not constitute an inequitable allocation of 
fees, as all similarly situated member organizations will be subject to 
the same fee structure and access to the Exchange's market is offered 
on fair and non-discriminatory terms. Any member organization that 
holds more than two trading licenses will be able to benefit from the 
new $25,000 annual fee tier for the additional licenses. The ability to 
pay monthly installments of the annual fee in arrears instead of in 
advance, as presently required, should be beneficial to all member 
organizations that hold trading licenses.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge 
imposed by the NYSE.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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-NYSEAmex-2011-35 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-2011-35. 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, 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 
publicly available. All submissions should refer to File Number SR-
NYSEAmex-2011-35 and should be submitted on or before June 29, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14033 Filed 6-7-11; 8:45 am]
BILLING CODE 8011-01-P


