Self-Regulatory Organizations; Proposed Rule Changes: NYSE Amex LLC

Federal Register: August 11, 2009 (Volume 74, Number 153)

Notices

Page 40273-40278

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11au09-140

SECURITIES AND EXCHANGE COMMISSION

Release No. 34-60428; File No. SR-NYSEAmex-2009-46

Self-Regulatory Organizations; Notice of Filing of Proposed Rule

Change by NYSE Amex LLC Amending NYSE Amex Equities Rule 1000 To Allow

Exchange Systems to Access CCS Interest to Partially Fill an Incoming

Limit Order

August 4, 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 July 20, 2009, NYSE Amex LLC (the ``Exchange'' or ``NYSE

Amex'') 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.

\1\ 15 U.S.C.78s(b)(1).

\2\ 15 U.S.C. 78a.

\3\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend NYSE Amex Equities Rule 1000 to allow Exchange systems to access CCS interest to partially fill an incoming limit order. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and http:// www.nyse.com.

  2. Self-Regulatory Organization's Statement of the Purpose of, and

    Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange 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.

    1. Self-Regulatory Organization's Statement of the Purpose of, and

      Statutory Basis for, the Proposed Rule Change 1. Purpose

      NYSE Amex LLC (``NYSE Amex'' or the ``Exchange''), formerly the

      American Stock Exchange LLC, proposes to amend NYSE Amex Equities Rule 1000 to allow Exchange systems to access CCS interest to partially fill an incoming limit order.

      The Exchange notes that parallel changes are proposed to be made to the rules of New York Stock Exchange LLC.\4\

      \4\ See SR-NYSE-2009-71.

      Background

      NYSE Amex adopted sweeping changes to its market rules and execution technology designed to improve execution quality on the

      Exchange as a result of its merger with the New York Stock Exchange

      LLC.\5\ Among the elements of the adopted enhanced Exchange market model, NYSE Amex eliminated the function of specialists on the Exchange creating a

      Page 40274

      new category of market participant, the Designated Market Maker or DMM.

      The DMM, like specialists, have affirmative obligations to make an orderly market, including continuous quoting requirements and obligations to re-enter the market when reaching across to execute against trading interest. In view of the Exchange's electronic execution functionality, the DMM, unlike the specialist, would no longer be deemed the agent for every incoming order. The Exchange also responded to customer demand to create additional undisplayed reserve interest.

      \5\ NYSE Euronext acquired The Amex Membership Corporation

      (``AMC'') pursuant to an Agreement and Plan of Merger, dated January 17, 2008 (the ``Merger''). In connection with the Merger, the

      Exchange's predecessor, the American Stock Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary of NYSE Euronext called

      NYSE Alternext US LLC. Securities Exchange Act Release No. 58673

      (September 29, 2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex-2008-62) (approving the Merger). Subsequently NYSE

      Alternext US LLC was renamed NYSE Amex LLC and continues to operate as a national securities exchange registered under Section 6 of the

      Securities Exchange Act of 1934, as amended (the ``Act''). NYSE

      Alternext US LLC was subsequently renamed NYSE Amex LLC. See

      Securities Exchange Act Release No. 59575 (March 13, 2009), 74 FR 11803 (March 19, 2009) (SR-NYSEALTR-2009-24).

      In another enhancement to the Exchange's market model, designed to encourage DMMs to add liquidity, the Exchange implemented a system change that allowed DMMs to create a schedule of additional non- displayed liquidity at various price points where the DMM is willing to interact with interest and provide price improvement to orders in the

      Exchange's system. This schedule is known as the DMM Capital Commitment

      Schedule (``CCS'').\6\ CCS provides the Display Book[supreg] \7\ with the amount of shares that the DMM is willing to trade at price points outside, at and inside the Exchange BBO. CCS interest is separate and distinct from other DMM interest in that it serves as the interest of last resort.

      \6\ The provisions of NYSE [sic] Rule 1000 relating to CCS are in effect pursuant to a pilot that commenced on October 2008 and is scheduled to end on October 1, 2009.

      \7\ The Display Book\[reg]\ system is an order management and execution facility. The Display Book system receives and displays orders to the DMMs, contains the order information, and provides a mechanism to execute and report transactions and publish the results to the Consolidated Tape. The Display Book system is connected to a number of other Exchange systems for the purposes of comparison, surveillance, and reporting information to customers and other market data and national market systems.

      When an order is entered for an amount of shares that exceeds the liquidity available at the Exchange BBO, Exchange systems review all the liquidity available on the Display Book including CCS interest to determine the final price point at which the order can be fully executed (the ``completion price''). Exchange systems determine the completion price by calculating the unfilled volume of the incoming order (i.e., the volume of the incoming order that exceeds the volume available to execute against it that is then present in the Exchange bid or offer) and reviewing the additional displayed and non-displayed interest available in the Display Book, which may be at more than one price point, including the CCS interest submitted by the DMM unit that is available at the completion price if the CCS interest were to participate at the completion price. Exchange systems also review any protected bids or offers on markets other than the Exchange (``away interest'') and determines the price at which the remaining volume of the contra side order can be executed in full.

      Exchange systems then review the amount of liquidity offered by CCS to determine if the number of shares provided via the DMM's CCS at the completion price is less than the number of CCS shares provided at the next different price that has interest that is one minimum price variation (``MPV'') (as that term is defined in Exchange Rule 62 \8\) or more higher (in the case of an order to sell) or at the next different price that has interest that is one MPV or more lower (in the case of an order to buy) (hereinafter collectively referred to as

      ``better price'').

      \8\ See NYSE [sic] Rule 62, Supplementary Material .10, which provides that the minimum price variation (MPV) for quoting and entry of orders in equity securities admitted to dealings on the

      Exchange shall be as follows (see table above):

      Minimum

      Price of order or interest

      price variation

      Less Than $1.00............................................

      $.0001

      $1.00 to 99,999.99.........................................

      .01

      $100,000 or greater........................................

      .10

      If the volume of CCS interest that would be accessed is the same at the completion price and the better price, Exchange systems access CCS interest at the completion price with CCS interest yielding to any other interest in Exchange systems at the completion price.

      If the number of shares that would be allocated to the CCS interest at the better price is more than the number of shares that would be allocated to the DMM's CCS interest at the completion price, then

      Exchange systems will access the CCS liquidity available at the better price with CCS interest yielding to any other interest in Exchange systems (both displayed and undisplayed reserve interest) at the better price. Any remaining balance of the incoming order is executed at the completion price against displayable and non-displayable interest pursuant to NYSE Amex Equities Rule 72 (``Priority of Bids and Offers and Allocation of Executions'').\9\

      \9\ Pursuant to NYSE Amex Equities Rule 72 round-lot executions on the Exchange are allocated on an equal basis, i.e. parity, among market participants at a price point unless one of the participants has established priority. Priority is established when the participant is the only interest displayed at the price point when such price is or becomes the best bid or offer published by the

      Exchange. A participant that establishes priority for the displayed portion of his or her order is allocated the first 15% of any execution (a minimum of one round lot). Any DMM non-CCS interest included in the displayed quantity and non-displayed quantity is also executed pursuant to NYSE [sic] Rule 72.

      Exchange systems can access CCS interest only once to participate in the execution of an incoming order. As such, CCS interest that may exist at the completion price is inaccessible to Exchange systems to trade with any remaining balance of the incoming order if Exchange systems included the DMM's CCS interest in the execution of any portion of such order at the better price. Moreover, Exchange systems will only access CCS interest to participate in the execution of an incoming order where the incoming order will be executed in full.

      Proposed Amendment to NYSE Amex Equities Rule 1000

      The Exchange proposes to allow Exchange systems to access CCS interest to participate in executions where the incoming order will only be partially executed. The purpose of this change is to provide additional liquidity to the incoming order.

      As illustrated in the example below, because Exchange systems are permitted to access CCS interest only where an incoming order would be executed in full, there are times when the incoming order exhausts the displayed and reserve interest on the Display Book at various price points and the remaining shares of the order are quoted. In these instances Exchange systems cannot access the CCS interest available at the price point where the remaining shares of the order will be quoted to partially fill the incoming limit order.

      Example of Current CCS Operation

      The Exchange Market is 200 shares bid at the price of $20.05 and 200 shares offered at a price of $20.10. At the price points of $20.04,

      $20.03, $20.02, $20.01 and $20.00 there are 100 shares bid. The CCS interest file is willing to provide 200 shares of additional bid liquidity at each of those price points as well. A customer sends the

      Exchange a sell order for 1200 shares with a limit price of $20.00.

      Given the current operation of CCS, the order will execute against the 200 shares at the Exchange bid price of $20.05 and all the shares indicated in italic typeface at each price point down to the orders limit price of $20.00 will be executed against the order for a total execution of 700 shares. The remaining 500 shares of the order will be filed in Display Book at its limit price of $20.00.

      Page 40275

      CCS interest

      Shares bid

      Bid price

      Offer price

      Shares offered

      CCS interest

      ................. .................

      $20.10

      200

      200 200

      200

      $20.05

      ................. ................. ................. 200

      100

      $20.04

      ................. ................. ................. 200

      100

      $20.03

      ................. ................. ................. 200

      100

      $20.02

      ................. ................. ................. 200

      100

      $20.01

      ................. ................. ................. 200

      100

      $20.00

      ................. ................. .................

      The Exchange proposes to modify the operation of CCS interest to allow Exchange systems to access and execute CCS interest designated to partially fill an incoming limit order. This will create an additional processing action for Exchange systems. Exchange systems will continue to review all the liquidity available on the Display Book and any away market centers; however, once it determines that the order cannot be executed in full, it will also review the DMM CCS interest file to determine if any of the liquidity is eligible to partially fill the incoming limit order at the price where any remaining shares of the order would be quoted.

      In order for the DMM CCS interest to participate in a partial execution of an incoming limit order that exceeds the liquidity available at the Exchange BBO the DMM must designate interest available in the CCS interest file eligible for partial execution by including a

      ``PF'' indicator on the shares provided at the price point. All liquidity provided in the CCS interest file will continue to be eligible to participate in executions of incoming limit orders in full.

      Only DMM CCS interest containing the PF indicator will be available to participate in an execution to provide a partial execution of an incoming limit order that exceeds the liquidity available at the

      Exchange BBO. In this way incoming limit orders will have another opportunity to receive fuller executions prior to quoting.

      Example of Proposed CCS Partial Fill at the Price the Remaining Shares

      Will be Quoted

      The Exchange Market is 200 shares bid at the price of $20.05 and 200 shares offered at a price of $20.10. At the price points of $20.04,

      $20.03, $20.02, $20.01 and $20.00 there are 100 shares bid. The CCS interest file is willing to provide 200 shares of additional bid liquidity at each of those price points as well. The CCS interest at

      $20.00 is designated for partial fill. A customer sends the Exchange a sell order for 1200 shares with a limit price of $20.00. Enabling

      Exchange systems to access CCS interest to partially fill the order, the incoming limit order will execute against the 200 shares at the

      Exchange bid price of $20.05. The order would then execute against all the shares bid, indicated in italic typeface at each price point down to the orders limit price of $20.00, Exchange systems would execute an additional 200 shares of the order against the CCS interest at $20.00 designated for partial fill. The incoming limit order receives a total execution of 900 shares and the remaining 300 shares of the order will be filed in Display Book at its limit price of $20.00.

      CCS interest

      Shares bid

      Bid price

      Offer price

      Shares offered

      CCS interest

      ................. .................

      $20.10

      200

      200 200

      200

      $20.05

      ................. ................. ................. 200

      100

      $20.04

      ................. ................. ................. 200

      100

      $20.03

      ................. ................. ................. 200

      100

      $20.02

      ................. ................. ................. 200

      100

      $20.01

      ................. ................. ................. 200 PF

      100

      $20.00

      ................. ................. .................

      When Exchange systems access the CCS interest in order to provide a partial execution of an incoming order, CCS interest will participate at the price point where the remaining shares will be quoted as illustrated in the example above. If, however, the incoming order reaches a Liquidity Replenishment Point (``LRP'') \10\ prior to being executed in full, then Exchange systems will execute the CCS interest at the LRP price, as illustrated in the example below, and the remaining shares of the order will be quoted thereafter at its limit price. In the case of a market order it will be quoted at the LRP price.

      \10\ LRPs are pre-determined price points that temporarily convert the automatic Exchange market to an auction market in order to dampen volatility when the market is experiencing a large price movement based on a security's typical trading characteristics or market conditions over short periods of time during the trading day.

      LRPs allow the DMM to solicit additional liquidity.

      Example of Proposed CCS Partial Fill at the LRP Price

      CCS Partial Fill at the LRP 1

      The Exchange Market is 200 shares bid at the price of $20.10 and 200 shares offered at a price of $20.15. The price point of $20.05 is a designated LRP. At the price points of $20.09 down to $20.05 there are 100 shares bid. The CCS interest file is willing to provide 200 shares of additional bid liquidity at the price points of $20.09 down to

      $20.05.\11\ In addition, the CCS interest file indicates that the interest at the prices $20.08, $20.07 and $20.05 is available to provide a partial fill. A customer sends the Exchange a sell order for 1200 shares with a limit price of $20.00. Enabling Exchange systems to access CCS interest to partially fill the order, the incoming limit order would execute against the 200 shares at the Exchange bid price of

      $20.10. The order would then execute against all the shares bid

      (indicated in italic typeface) at each price point down to the LRP price of $20.05. Exchange systems

      Page 40276

      would execute an additional 200 shares of the order against the CCS interest at the LRP price of $20.05 for a total 900 shares of the incoming limit order executed. The original order will execute a total of 900 shares above its limit price before the remaining 300 shares of the order is posted on the Display Book at its limit price of $20.00.

      \11\ A DMM cannot provide CCS interest past the LRPs because that interest will not be executed. Pursuant to current NYSE [sic]

      Rules, once an LRP is reached interest may not trade through the price point.

      CCS interest

      Shares bid

      Bid price

      Offer price

      Shares offered

      CCS interest

      ................. .................

      $20.15

      200

      200 200

      200

      $20.10

      ................. ................. ................. 200

      100

      $20.09

      ................. ................. ................. 200\PF\

      100

      $20.08

      ................. ................. ................. 200\PF\

      100

      $20.07

      ................. ................. ................. 200

      100

      $20.06

      ................. ................. ................. 200 PF

      100

      $20.05 LRP

      ................. ................. ................. 0

      0

      $20.04

      ................. ................. ................. 0

      0

      $20.03

      ................. ................. ................. 0

      0

      $20.02

      ................. ................. ................. 0

      0

      $20.01

      ................. ................. ................. 0

      0

      $20.00

      ................. ................. .................

      CCS Partial Fill at the LRP 2

      The Exchange Market is 200 shares bid at the price of $20.10 and 200 shares offered at a price of $20.15. The price point of $20.05 is a designated LRP. At the price points of $20.09 and $20.08 there are 100 shares bid. The CCS interest file is willing to provide 200 shares of additional bid liquidity at the price points of $20.09 down to $20.05.

      In addition, the CCS interest file indicates that the interest at the prices $20.08, $20.07 and $20.05 is available to provide a partial fill. A customer sends the Exchange a sell order for 700 \12\ shares with a limit price of $20.00. Enabling Exchange systems to access CCS interest to partially fill the order, the incoming limit order would execute against the 200 shares at the Exchange bid price of $20.10. The order would then execute 100 shares against the shares bid at $20.09 and $20.08. Exchange systems would execute an additional 200 shares of the order against the CCS interest at the LRP price of $20.05 for a total 600 shares of the incoming limit order executed. The remaining 100 shares of the order will be posted on the Display Book at its limit price of $20.00.

      \12\ If the order were for 600 shares Exchange systems would have executed 200 shares at the bid price of $20.10, 100 shares at the price of $20.09. The Exchange will execute the remaining 300 shares at the price of $20.08 against the 100 shares of ``Shares

      Bid'' and CCS interest at the price point. However, because the 700 share order could not be completely filled at the price of $20.08 including CCS interest, it is executed based on the rules governing partial executions and will thus be executed as illustrated in the example.

      CCS interest

      Shares bid

      Bid price

      Offer price

      Shares offered

      CCS interest

      ................. .................

      $20.15

      200

      200 200

      200

      $20.10

      ................. ................. ................. 200

      100

      $20.09

      ................. ................. ................. 200 \PF\

      100

      $20.08

      ................. ................. ................. 200 \PF\

      0

      $20.07

      ................. ................. ................. 200

      0

      $20.06

      ................. ................. ................. 200 PF

      0

      $20.05 LRP

      ................. ................. ................. 0

      0

      $20.04

      ................. ................. ................. 0

      0

      $20.03

      ................. ................. ................. 0

      0

      $20.02

      ................. ................. ................. 0

      0

      $20.01

      ................. ................. ................. 0

      0

      $20.00

      ................. ................. .................

      When accessing CCS interest to partially execute an order, Exchange systems will not review the liquidity available at one minimum price variation better than the execution price to determine if the number of shares that CCS interest is willing to provide at the better price is greater than the number of shares at the price point where the order would execute and then post. The order will be executed against the CCS interest where the remaining shares of the order will ultimately be quoted or in the event an LRP is reached, at the LRP price.\13\

      \13\ If the DMM did not designate the CCS interest eligible for partial fill, then the CCS interest would not participate in the execution and the remaining shares of the order would be quoted.

      Whether the order is executed at the price where the remaining shares will be quoted or at the LRP price, Exchange systems will not access CCS interest designated PF until all other interest on the

      Display Book up to the price point is executed in full. CCS interest therefore, remains the interest of last resort because Exchange systems will access CCS interest to provide a partial execution to an incoming limit order only after all it has satisfied protected interest on away market centers and all other interest on the Display Book eligible to be executed against the order is executed in full. In all instances where Exchange systems access CCS to provide a partial execution of an order, the customer order is afforded the ability for price improvement within the parameters of the rule.

      The Exchange therefore proposes to amend NYSE Amex Equities Rule 1000, to allow Exchange systems to access available CCS interest in order to provide an incoming order with a fuller execution. The

      Exchange proposes to amend NYSE Amex Equities Rule 1000(e)(iii)(A)(4) to include this provision and renumber former subparagraph

      (e)(iii)(A)(4) to (e)(iii)(A)(5).

      Page 40277

      The Exchange believes that the instant proposal to maximize an order's partial execution by allowing Exchange systems to access CCS interest removes the current impediment from a limit order accessing all the liquidity available on the Display Book. The proposed modification increases the opportunities for executing a greater number of shares of the incoming order and exposes it to additional opportunity for price improvement. The Exchange believes that the proposal therefore contributes to perfect the mechanism of a free and open market and ultimately protects investors and the public interest.

      Administrative Amendments to NYSE Amex Equities Rule 1000

      The Exchange further proposes to include references to its Do Not

      Ship Order \14\ in NYSE Amex Equities Rule 1000 subparagraphs (e)(ii),

      (e)(ii)(C) and (e)(iii)(A)(5) to illustrate the additional order type that requires the same execution handling as Reg. NMS-compliant IOC.

      \14\ See NYSE Amex Equities Rule 13.

      Finally, the Exchange proposes to delete the redundant text of NYSE

      Amex Equities Rule 1000 subparagraph (e)(ii)(D) because it restates the information contained in subparagraph (e)(ii) above it. 2. Statutory Basis

      The basis under the Securities Exchange Act of 1934 (the ``Act'')

      \15\ for these proposed rule changes is the requirement under Section 6(b)(5) \16\ that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.

      The proposed rule change supports these principles in that it seeks to protect the investor and the public interest by allowing an incoming limit order to execute against all the liquidity available on the

      Exchange.

      \15\ 15 U.S.C. 78a.

      \16\ 15 U.S.C. 78f(b)(5).

    2. 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.

    3. 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.

  3. Date of Effectiveness of the Proposed Rule Change and Timing for

    Commission Action

    Within 35 days of the date of publication of this notice in the

    Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will:

    (A) By order approve the proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule change should be disapproved.

  4. 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. In addition, the Commission seeks comment on whether the proposed handling of incoming orders receiving partial fills that include CCS interest is consistent with the Act and, in particular, whether the proposed rule changes are designed to promote just and equitable principles of trade and, in general, to protect investors and the public interest.

    Specifically, in certain situations, the Exchange's proposal would allow the DMM's CCS interest to participate in partial fills at the best possible price (from the DMM's perspective), even when this price is inferior to all the non-CCS interest participating in the same execution. Currently, NYSE Amex's rules allow for CCS participation only when the incoming order will be completely filled, and the DMM's

    CCS interest may not participate in an execution at a price inferior to the completion price.

    The Commission notes the fact pattern presented above under the heading ``CCS Partial Fill at the LRP 2'' where, under NYSE

    Amex's current rules, an incoming order of 600 shares would be completed at $20.08 (200, 100, and 100 shares of non-CCS interest at

    $20.10, $20.09, and $20.08 respectively, and 200 shares of CCS interest also at $20.08).\17\ In contrast, under the proposal, an incoming order of 700 shares that outsizes the available non-CCS interest would be partially completed by CCS interest at the LRP price, and thus would receive an execution of 200 shares against CCS interest at $20.05, rather than $20.08, before the system quotes the residual 100 shares at

    $20.05, the LRP.\18\

    \17\ See supra note 12.

    \18\ See supra text accompanying note 12.

    Absent the proposed rule change, a 700-share incoming order would result in a partial fill without any CCS participation, with 300 shares unexecuted and quoting at the LRP. Thus, the Commission notes that the proposal may benefit the incoming order by immediately and automatically executing additional shares at the order's limit price or at the LRP price, as applicable. However, the Commission is interested in commenters' views on the proposed expansion of DMMs' CCS capabilities for partial fills and, in particular, on the proposed execution of CCS interest at the limit price of the order or the LRP price, as the case may be, even when no other interest resides at that price. To illustrate, in the ``CCS Partial Fill at the LRP 2'' example above, the proposal would result in a CCS interest execution at

    $20.05 (i.e., the LRP price). Is another price more appropriate? For example, should such CCS interest be executed at $20.08 (the last price at which there is non-CCS interest)? Another price? Why or why not?

    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-2009-46 on the subject line.

    Paper Comments

    Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEAmex-2009-46. 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

    Page 40278

    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 am and 3 pm. 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-NYSEAmex-2009-46 and should be submitted on or before September 1, 2009.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\19\

    \19\ 17 CFR 200.30-3(a)(12).

    Florence E. Harmon,

    Deputy Secretary.

    FR Doc. E9-19140 Filed 8-10-09; 8:45 am

    BILLING CODE 8010-01-P

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