Pursuant to Section 19(b)(1)  of the Securities Exchange Act of 1934 (the “Act”)  and Rule 19b-4 thereunder, notice is hereby given that, on August 3, 2009, NYSE Arca, Inc. (“NYSE Arca” 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. NYSE Arca filed the proposal pursuant to Section 19(b)(3)(A)  of the Act and Rule 19b-4(f)(2)  thereunder. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
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”). While changes to the Schedule pursuant to this proposal will be effective upon filing, the changes will become operative on August 3, 2009. The text of the proposed rule change is attached as Ex.5 to the 19b-4 form. 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 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
The Exchange proposes to make multiple changes to its Schedule that will take effect on August 3, 2009. A more detailed description of the proposed changes follows.
The Exchange proposes to change the fee charged for Market-On-Close and Limit-On-Close Orders executed in the closing auction from $0.0005 to $0.0007 per share. This change applies universally throughout the Schedule to Start Printed Page 41958each instance that a fee for Market-On-Close and Limit-On-Close Orders is explicitly stated. The Exchange also proposes to add to the Schedule a $0.0007 fee for PO+ Market-On-Close and Limit-On-Close Orders routed to NYSE Amex. The proposed fees are part of the Exchange's continued effort to attract and enhance participation in the Closing Auctions by offering attractive rates.
The Exchange proposes to add a $0.0015 per share credit for each IOI that results in an execution in excess of 15 million shares based on average daily volume (“ADV”) per month. This new $0.0015 per share credit is an incremental credit that only applies to those shares executed in excess of 15 million shares ADV. ETP Holders qualifying for the Tier 1 IOI credit will now receive a $.0012 per share credit for each share up to and including 15 million, and a $0.0015 per share credit for each share in excess of 15 million. For example, an ETP Holder that sends IOI's to the Exchange resulting in execution with an average daily share volume per month equal to 16 million shares will receive a $0.0012 credit for the first 15 million shares and a $0.0015 credit for one million shares (15,000,001 to 16,000,000). The proposed rates are part of the Exchange's continued effort to attract and enhance participation in the IOI program, by offering attractive rebates and volume based incentives.
The Exchange also proposes to eliminate its odd-lot pricing structure. Previously the Exchange charged $0.03 per share for odd-lot orders executed against orders residing in the book in Tape A and Tape B securities, and $0.0035 per share for Tape C securities. The Exchange paid a $0.02 per share credit to market makers that executed against an odd-lot order. The Exchange also had odd-lot pricing associated with odd-lots routed to different market centers. Under this proposal the Exchange will eliminate all distinct odd-lot pricing. ETP Holders executing odd-lots will now be charged and credited in the same way that round-lots are charged and credited. This change will simplify the Schedule and treat odd-lots in the same manner as round-lots.
The Exchange believes the proposed fees are reasonable and equitable in that they apply uniformly to all ETP Holders. The proposed changes will become operative on August 3, 2009.
The Exchange notes that it is making technical changes to correct the footnote numbering.
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”), in general, and Section 6(b)(4) of the Act, 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 proposed rates are part of the Exchange's continued effort to attract and enhance participation on the Exchange, by offering attractive rebates for liquidity providers and volume-based incentives. The Exchange believes that the proposed changes to the Schedule are equitable in that they apply uniformly to our Users.
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)  of the Act and subparagraph (f)(2) of Rule 19b-4  thereunder, because it establishes a due, fee, or other charge imposed by NYSE Arca on its members.
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:
- Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
- Send an e-mail to email@example.com. Please include File Number SR-NYSEArca-2009-72 on the subject line.
- 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-2009-72. 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 the 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-2009-72 and should be submitted on or before September 9, 2009.Start Signature
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10
Florence E. Harmon,
[FR Doc. E9-19895 Filed 8-18-09; 8:45 am]
BILLING CODE 8010-01-P