[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1096-1097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-75]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61267; File No. SR-NYSEArca-2009-115]


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

December 31, 2009.
    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 December 22, 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 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. 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
    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 
its wholly-owned subsidiary, NYSE Arca Equities, Inc., has also been 
previously approved to receive inbound routes of equities orders by 
Arca Securities in its capacity as an order routing facility of NYSE 
Amex and the NYSE.\5\ The Exchange's authority to receive inbound 
routes of equities orders by Arca Securities is subject to a pilot 
period ending December 31, 2009.\6\ The Exchange hereby seeks to extend 
the previously approved pilot period (with the attendant obligations 
and conditions) for an additional 3 months, through March 31, 2010.
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    \3\ See Securities Exchange Act Release No. 53238 (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 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 and [sic] 
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 and [sic] 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 and [sic] 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. 60750 (September 30, 
2009), 74 FR 52285 (October 7, 2009) (notice of immediate 
effectiveness of SR-NYSEArca-2009-87).
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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

[[Page 1097]]

acts and practices, to promote just and equitable principles of trade, 
to foster 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 three 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).
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    A proposed rule change filed under 19b-4(f)(6) normally may not 
become operative prior to 30 days after the date of filing.\12\ 
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay. The Exchange notes that 
the proposal will allow the Exchange to continue receiving inbound 
routes of equities orders from Arca Securities, in a manner consistent 
with prior approvals and established protections, while also permitting 
the Exchange and the Commission to assess the impact of the pilot.\14\ 
The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because such waiver would allow the pilot period to be extended without 
interruption through March 31, 2010. For this reason, the Commission 
designates the proposed rule change to be operative upon filing with 
the Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii). 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.
    \13\ Id.
    \14\ See supra note 9 and accompanying text.
    \15\ For the purposes only of waiving the 30-day operative 
delay, the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of such 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-NYSEArca-2009-115 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-2009-115. 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 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-2009-115 and should be submitted on or before 
January 29, 2010.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-75 Filed 1-7-10; 8:45 am]
BILLING CODE 8011-01-P