[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54676-54680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22286]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62788; File No. SR-NYSEArca-2010-79]
Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. Relating to Listing and Trading of Cambria
Global Tactical ETF
August 30, 2010.
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 August 23, 2010, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') 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 list and trade shares of the Cambria
Global Tactical ETF under NYSE Arca Equities Rule 8.600. The text of
the proposed rule change is available at the principal office of the
Exchange, the Commission's Public Reference Room, 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 list and trade the following Managed Fund
Shares \3\ (``Shares'') under NYSE Arca Equities Rule 8.600: the
Cambria Global Tactical ETF (``Fund'').\4\ The Shares will be offered
by AdvisorShares Trust (the ``Trust''), a statutory trust organized
under the laws of the State of Delaware and registered with the
Commission as an open-end management investment company.\5\ The
investment advisor to the Fund is AdvisorShares Investments, LLC (the
``Advisor''). Cambria Investment Management, Inc. is the Fund's sub-
advisor (``Cambria'' or ``Sub-Advisor'') and provides day-to-day
portfolio management of the Fund. Foreside Fund Services, LLC (the
``Distributor'') is the principal underwriter and distributor of the
Fund's Shares. Neither the Advisor nor the Sub-Advisor is affiliated
with a broker-dealer.\6\
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\3\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment advisor
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
\4\ The Commission approved NYSE Arca Equities Rule 8.600 and
the listing and trading of certain funds of the PowerShares Actively
Managed Exchange-Traded Funds Trust on the Exchange pursuant to Rule
8.600 in Securities Exchange Act Release No. 57619 (April 4, 2008)
73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25). The Commission
also previously approved listing and trading on the Exchange of a
number of actively managed funds under Rule 8.600. See, e.g.,
Securities Exchange Act Release Nos. 57801 (May 8, 2008), 73 FR
27878 (May 14, 2008) (SR-NYSEArca-2008-31) (order approving Exchange
listing and trading of twelve actively-managed funds of the
WisdomTree Trust); 60460 (August 7, 2009), 74 FR 41468 (August 17,
2009) (SR-NYSEArca-2009-55) (order approving listing of Dent
Tactical ETF).
\5\ The Trust is registered under the 1940 Act. On June 30,
2010, the Trust filed with the Commission Form N-1A under the
Securities Act of 1933 (15 U.S.C. 77a), and under the 1940 Act
relating to the Fund (File Nos. 333-157876 and 811-22110)
(``Registration Statement''). The description of the operation of
the Trust and the Fund herein is based on the Registration
Statement.
\6\ The Exchange represents that the Advisor and Sub-Advisor and
their related personnel are subject to Investment Advisers Act Rule
204A-1. This Rule specifically requires the adoption of a code of
ethics by an investment advisor to include, at a minimum: (i)
Standards of business conduct that reflect the firm's/personnel
fiduciary obligations; (ii) provisions requiring supervised persons
to comply with applicable Federal securities laws; (iii) provisions
that require all access persons to report, and the firm to review,
their personal securities transactions and holdings periodically as
specifically set forth in Rule 204A-1; (iv) provisions requiring
supervised persons to report any violations of the code of ethics
promptly to the chief compliance officer (``CCO'') or, provided the
CCO also receives reports of all violations, to other persons
designated in the code of ethics; and (v) provisions requiring the
investment advisor to provide each of the supervised persons with a
copy of the code of ethics with an acknowledgement by said
supervised persons. In addition, Rule 206(4)-7 under the Advisers
Act makes it unlawful for an investment advisor to provide
investment advice to clients unless such investment advisor has (i)
adopted and implemented written policies and procedures reasonably
designed to prevent violation, by the investment advisor and its
supervised persons, of the Advisers Act and the Commission rules
adopted thereunder; (ii) implemented, at a minimum, an annual review
regarding the adequacy of the policies and procedures established
pursuant to subparagraph (i) above and the effectiveness of their
implementation; and (iii) designated an individual (who is a
supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
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Description of the Fund
According to the Registration Statement, the Fund's investment
objective is to preserve and grow capital from investments in the U.S.
and foreign equity, fixed income, commodity and currency markets,
independent of market direction. The Fund seeks to preserve and grow
capital by producing absolute returns with reduced volatility and
manageable risk and drawdowns. The Fund's investment strategies are
inherently designed as risk-management and capital preservation
approaches. The Fund is an actively managed ETF and thus, does not seek
to replicate the performance of a specific index, but rather uses an
active investment strategy to meet its investment objective.
The Fund is considered a ``fund-of-funds'' that seeks to achieve
its investment objective by primarily investing in other exchange-
traded funds listed and traded in the United States (the ``Underlying
ETFs'') that offer
[[Page 54677]]
diversified exposure, including inverse exposure to: Global regions,
countries, styles (market capitalization, value, growth, etc.) or
sectors, and exchange-traded products, including but not limited to:
Exchange-traded notes (``ETNs''), exchange-traded currency trusts and
closed-end funds. In addition, as described below, from time to time
and to a lesser extent, the Fund may invest in individual equities
(stocks), futures contracts, options (calls or puts) in an attempt to
limit portfolio risk or enhance returns. The Fund charges its own
expenses and also indirectly bears a proportionate share of the
Underlying ETFs' expenses.
According to the Registration Statement, the Fund will invest in
Underlying ETFs spanning all the major world asset classes including
equities, bonds, real estate, commodities, and currencies. The
Underlying ETFs are themselves registered investment companies, the
shares of which trade on a national securities exchange. The Underlying
ETFs will track the performance of a securities index representing an
asset class, sector or other market segment.
The Sub-Advisor will utilize a quantitative approach with strict
risk management controls to actively manage the Fund's portfolio in an
attempt to control downside losses and protect capital. The Fund's
portfolio will be rebalanced to target allocations at least monthly and
as often as weekly. The Fund's strategy utilizes a proprietary
quantitative trend-following approach to actively manage a diversified
portfolio of world asset classes. The strategy is diversified across
markets and timeframes with strict risk control methods that are
completely rules-based and systematic. According to the Registration
Statement, no effort is made to forecast future market trends or
direction; rather, the Fund intends to capture profits in these trends
when and where they develop.
The Sub-Advisor will select a group of Underlying ETFs and other
exchange-traded products for the Fund pursuant to an ``active''
management strategy for asset allocation, security selection and
portfolio construction. The Fund allocates its assets among a group of
Underlying ETFs in different percentages of stocks, bonds, commodities
and cash that seek to achieve a unique investment objective and the
Fund will periodically change the composition of its portfolio to best
meet its investment objective.
The Fund currently intends to invest primarily in the securities of
Underlying ETFs consistent with the requirements of Section 12(d)(1) of
the 1940 Act, or any rule, regulation or order of the SEC or
interpretation thereof. The Underlying ETFs in which the Fund will
invest will primarily be index-based ETFs that hold substantially all
of their assets in securities representing a specific index.
The Fund may invest in ETNs. ETNs are debt obligations of
investment banks which are traded on exchanges and the returns of which
are linked to the performance of market indexes. The Fund may invest in
closed-end funds, pooled investment vehicles that are registered under
the 1940 Act and whose shares are listed and traded on U.S. national
securities exchanges.
The Fund and the Underlying ETFs may invest in equity securities.
Equity securities represent ownership interests in a company or
partnership and consist of common stocks, preferred stocks, warrants to
acquire common stock, securities convertible into common stock, and
investments in master limited partnerships.
The Fund may use futures contracts and related options for bona
fide hedging; attempting to offset changes in the value of securities
held or expected to be acquired or be disposed of; attempting to gain
exposure to a particular market, index or instrument; or other risk
management purposes. To the extent the Fund uses futures and/or options
on futures, it will do so in accordance with Rule 4.5 under the
Commodity Exchange Act (``CEA'').
The Fund may purchase and write put and call options on indices and
enter into related closing transactions.
The Fund may purchase or hold illiquid securities, including
securities that are not readily marketable and securities that are not
registered (``restricted securities'') under the Securities Act of 1933
(the ``1933 Act''), but which can be offered and sold to ``qualified
institutional buyers'' under Rule 144A under the 1933 Act. The Fund
will not invest more than 15% of the Fund's net assets in illiquid
securities. The term ``illiquid securities'' for this purpose means
securities that cannot be disposed of within seven days in the ordinary
course of business at approximately the amount at which the Fund has
valued the securities.
The Fund may enter into repurchase agreements with financial
institutions, which may be deemed to be loans. The Fund may enter into
reverse repurchase agreements without limit as part of the Fund's
investment strategy. The Fund may buy and sell stock index futures
contracts with respect to any stock index traded on a recognized stock
exchange or board of trade. The Fund may enter into swap agreements,
including, but not limited to, equity index swaps and interest rate
swap agreements.
The Fund, or the ETFs in which it invests, may invest in U.S.
government securities. The Fund, from time to time, in the ordinary
course of business, may purchase securities on a when-issued or
delayed-delivery basis (i.e., delivery and payment can take place
between a month and 120 days after the date of the transaction). The
Fund may invest in U.S. Treasury zero-coupon bonds. To respond to
adverse market, economic, political or other conditions, the Fund may
invest 100% of its total assets, without limitation, in high-quality
short-term debt securities and money market instruments.
Except for Underlying ETFs that may hold non-US issues, the Fund
will not otherwise invest in non-U.S. issues.
According to the Registration Statement, the Fund will seek to
qualify for treatment as a Regulated Investment Company (``RIC'') under
the Internal Revenue Code.\7\
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\7\ According to the Registration Statement, one of several
requirements for RIC qualification is that a Fund must receive at
least 90% of the Fund's gross income each year from dividends,
interest, payments with respect to securities loans, gains from the
sale or other disposition of stock, securities or foreign
currencies, or other income derived with respect to the Fund's
investments in stock, securities, foreign currencies and net income
from an interest in a qualified publicly traded partnership (the
``90% Test''). A second requirement for qualification as a RIC is
that a Fund must diversify its holdings so that, at the end of each
fiscal quarter of the Fund's taxable year: (a) At least 50% of the
market value of the Fund's total assets is represented by cash and
cash items, U.S. Government securities, securities of other RICs,
and other securities, with these other securities limited, in
respect to any one issuer, to an amount not greater than 5% of the
value of the Fund's total assets or 10% of the outstanding voting
securities of such issuer; and (b) not more than 25% of the value of
its total assets are invested in the securities (other than U.S.
Government securities or securities of other RICs) of any one issuer
or two or more issuers which the Fund controls and which are engaged
in the same, similar, or related trades or businesses, or the
securities of one or more qualified publicly traded partnership (the
``Asset Test'').
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Creations and redemptions of Shares occur in large specified blocks
of Shares, referred to as ``Creation Units''. According to the
Registration Statement, the Shares of the Fund are ``created'' at their
net asset value (``NAV'') by market makers, large investors and
institutions only in block-size Creation Units of 50,000 shares or
more. A ``creator'' enters into an authorized participant agreement (a
``Participant Agreement'') with the Fund's Distributor or a Depository
Trust Company participant that has executed a Participant Agreement
with the Distributor (an ``Authorized Participant''), and deposits into
the Fund a portfolio of securities
[[Page 54678]]
closely approximating the holdings of the Fund and a specified amount
of cash, together totaling the NAV of the Creation Unit(s), in exchange
for 50,000 shares of the Fund (or multiples thereof). Similarly, shares
can only be redeemed in Creation Units, generally 50,000 shares or
more, principally in-kind for a portfolio of securities held by the
Fund and a specified amount of cash together totaling the NAV of the
Creation Unit(s). Shares are not redeemable from the Fund except when
aggregated in Creation Units. The prices at which creations and
redemptions occur are based on the next calculation of NAV after an
order is received in a form prescribed in the Participant Agreement.
The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \8\ under the Exchange Act, as provided by
NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV and the Disclosed Portfolio will be made available to all
market participants at the same time.
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\8\ 17 CFR 240.10A-3.
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Availability of Information
The Fund's Web site (http://www.advisorshares.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the Prospectus for the Fund that may be downloaded. The
Fund's Web site will include additional quantitative information
updated on a daily basis, including, for the Fund, (1) daily trading
volume, the prior business day's reported closing price, NAV and mid-
point of the bid/ask spread at the time of calculation of such NAV (the
``Bid/Ask Price''),\9\ and a calculation of the premium and discount of
the Bid/Ask Price against the NAV, and (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
daily Bid/Ask Price against the NAV, within appropriate ranges, for
each of the four previous calendar quarters. On each business day,
before commencement of trading in Shares in the Core Trading Session on
the Exchange, the Fund will disclose on its Web site the Disclosed
Portfolio as defined in NYSE Arca Equities Rule 8.600(c)(2) that will
form the basis for the Fund's calculation of NAV at the end of the
business day.\10\
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\9\ The Bid/Ask Price of the Fund is determined using the
highest bid and the lowest offer on the Exchange as of the time of
calculation of the Fund's NAV. The records relating to Bid/Ask
Prices will be retained by the Fund and its service providers.
\10\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Fund
will be able to disclose at the beginning of the business day the
portfolio that will form the basis for the NAV calculation at the
end of the business day.
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On a daily basis, for each portfolio security of the Fund, the Fund
will disclose on its Web site the following information: Ticker symbol,
name of security, number of shares held in the portfolio, and
percentage weighting of the security in the portfolio. On a daily
basis, the Advisor will disclose for each portfolio security or other
financial instrument of the Fund the following information: Ticker
symbol (if applicable), name of security or financial instrument,
number of shares or dollar value of financial instruments held in the
portfolio, and percentage weighting of the security or financial
instrument in the portfolio. The Web site information will be publicly
available at no charge.
In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for
Fund shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the New York
Stock Exchange (``NYSE'') via the National Securities Clearing
Corporation. The basket represents one Creation Unit of the Fund.
The NAV of the Fund will normally be determined as of the close of
the regular trading session on the NYSE (ordinarily 4 p.m. Eastern
Time) on each business day.
Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the Fund's Shareholder Reports, and its Form N-
CSR and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder
Reports are available free upon request from the Trust, and those
documents and the Form N-CSR and Form N-SAR may be viewed on-screen or
downloaded from the Commission's Web site at http://www.sec.gov.
Information regarding market price and trading volume of the Shares is
and will be continually available on a real-time basis throughout the
day on brokers' computer screens and other electronic services.
Information regarding the previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers. Quotation and last sale information for the Shares will be
available via the Consolidated Tape Association (``CTA'') high-speed
line. In addition, the Portfolio Indicative Value, as defined in NYSE
Arca Equities Rule 8.600(c)(3), will be disseminated by the Exchange at
least every 15 seconds during the Core Trading Session by one or more
major market data venders. The dissemination of the Portfolio
Indicative Value, together with the Disclosed Portfolio, will allow
investors to determine the value of the underlying portfolio of the
Fund on a daily basis and to provide a close estimate of that value
throughout the trading day.
Additional information regarding the Trust and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes is included in the Registration Statement. All terms relating
to the Fund that are referred to, but not defined in, this proposed
rule change are defined in the Registration Statement.
Trading Halts
With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund.\11\ Trading in Shares of the Fund
will be halted if the circuit breaker parameters in NYSE Arca Equities
Rule 7.12 have been reached. Trading also may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities comprising
the Disclosed Portfolio and/or the financial instruments of the Fund;
or (2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which Shares of the Fund may be
halted.
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\11\ See NYSE Arca Equities Rule 7.12, Commentary .04.
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Trading Rules
The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern Time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all
[[Page 54679]]
trading sessions. As provided in NYSE Arca Equities Rule 7.6,
Commentary .03, the minimum price variation (``MPV'') for quoting and
entry of orders in equity securities traded on the NYSE Arca
Marketplace is $0.01, with the exception of securities that are priced
less than $1.00 for which the MPV for order entry is $0.0001.
Surveillance
The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which include Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable Federal securities laws.
The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges that are members of
ISG.\12\
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\12\ For a list of the current members of ISG, see http://. The
Exchange may obtain information from futures exchanges with which
the Exchange has entered into a surveillance sharing agreement or
that are ISG members. The Exchange notes that not all components of
the Disclosed Portfolio for the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
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In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Unit aggregations (and that Shares are not individually
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Portfolio Indicative Value will not be
calculated or publicly disseminated; (4) how information regarding the
Portfolio Indicative Value is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4 p.m. Eastern Time each trading day.
2. Statutory Basis
The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \13\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of an additional type of actively-managed exchange-
traded product that will enhance competition among market participants,
to the benefit of investors and the marketplace.
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\13\ 15 U.S.C. 78f(b)(5).
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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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove the proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
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-2010-79 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-2010-79. 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
available publicly. All submissions should refer to File Number SR-
[[Page 54680]]
NYSEArca-2010-79 and should be submitted on or before September 29,
2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22286 Filed 9-7-10; 8:45 am]
BILLING CODE 8010-01-P