[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30190-30191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14723]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60117; File No. SR-NYSEAmex-2009-25]


Self-Regulatory Organizations; NYSE Amex, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the 
Schedule of Fees and Charges for Exchange Services by Adding a Ratio 
Threshold Fee

June 16, 2009.
    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, 2009, 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 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\ 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 its Schedule of Fees and Charges for 
Exchange Services (``Fee Schedule'') by adding a Ratio Threshold Fee. 
While changes to the Schedule pursuant to this proposal will be 
effective upon filing, the proposed fee will become operative on June 
10, 2009. The text of the proposed rule change is attached as Exhibit 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes adding a Ratio Threshold Fee to its Fee 
Schedule. The proposed Ratio Threshold Fee will be charged to ATP 
Holders based on the number of orders entered compared to the number of 
executions received in a calendar month. The fee will be assessed as 
follows:

------------------------------------------------------------------------
                                                                 Monthly
               Monthly order to execution ratio                  charge
------------------------------------------------------------------------
Between 10,000 and 14,999 to 1................................    $5,000
Between 15,000 and 19,999 to 1................................    10,000
Between 20,000 and 24,999 to 1................................    20,000
25,000 to 1 and greater.......................................    35,000
------------------------------------------------------------------------

    This fee shall not apply to orders that improve the Exchange's 
prevailing best bid-offer (BBO) market at the time the orders are 
received.
    ATP Holders with order to execution ratios of 10,000 to 1 or 
greater have the potential residual effect of exhausting system 
resources, bandwidth, and capacity. Such order to execution ratios may, 
in turn, create latency and impact other ATP Holder's ability to 
receive timely executions. Recognizing that orders and executions often 
occur in large numbers, the purpose of this fee is to focus on activity 
that is truly disproportionate while fairly allocating costs among 
members. The proposed fee has multiple thresholds and is greater at 
higher order to execution ratios because the potential impact on 
exchange systems, bandwidth and capacity becomes greater with increased 
order to execution ratios.
    Additionally, the Exchange proposes an exception whereby ATP 
Holders will not be charged the Ratio Threshold Fee if they incur 
charges on a monthly basis pursuant to the Cancellation Fee. The 
Cancellation Fee is charged only for cancelled public customer orders 
in excess of the established thresholds and is designed to protect 
customer priority. By virtue of this exception, the Ratio Threshold Fee 
will, in effect, only be assessed on non-customer orders. Due to the 
necessity of the Cancellation Fee to protect customer priority and the 
Exchange's need to allocate costs for the use of bandwidth and capacity 
among all members, the Exchange believes the structure of the Ratio 
Threshold Fee compared to the Cancellation Fee is appropriate because 
firms paying the Cancellation Fee will not also be charged the Ratio 
Threshold Fee.
    The new Ratio Threshold Fee will become effective on June 10, 2009.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act, in general, and Section 6(b)(4), in particular, in 
that it provides for the equitable allocation of dues, fees and other 
charges among its members and other market participants that use the 
trading facilities of NYSE Amex Options. Under this proposal, all 
similarly situated members of NYSE Amex Options will be charged the 
same reasonable dues, fees and other charges.

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.

[[Page 30191]]

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) \4\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \5\ thereunder, because it establishes a due, fee, or other charge 
imposed by NYSE Amex.
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    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 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 
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 [email protected]. Please include 
File Number SR-NYSEAmex-2009-25 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-2009-25. 
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 will also be available for 
inspection and copying at the principal office of the self-regulatory 
organization. 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-
NYSEAmex-2009-25 and should be submitted on or before July 15, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14723 Filed 6-23-09; 8:45 am]
BILLING CODE 8010-01-P