Sunshine Act Meeting, 4062 [E9-1241]
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
receives securities of another
investment company as a dividend or as
a result of a plan of reorganization of a
company (other than a plan devised for
the purpose of evading section 12(d)(1)
of the Act); or (b) acquires (or is deemed
to have acquired) securities of another
investment company pursuant to
exemptive relief from the Commission
permitting such Underlying Fund to: (i)
Acquire securities of one or more
investment companies for short-term
cash management purposes, or (ii)
engage in interfund borrowing and
lending transactions.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1083 Filed 1–21–09; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59250; File No. SR–ISE–
2008–90]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Order Approving Proposed Rule
Change Relating to Alternative Primary
Market Makers
I. Introduction
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [74 FR 1734, January
13, 2009].
PLACE:
BILLING CODE 8011–01–P
January 14, 2009.
BILLING CODE 8011–01–P
STATUS:
Dated: January 15, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1241 Filed 1–21–09; 8:45 am]
Closed Meeting.
100 F Street, NE., Washington,
DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Thursday, January 15, 2009 at
On November 21, 2008, the
International Securities Exchange, LLC
(‘‘ISE’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change
relating to the introduction of
Alternative Primary Market Makers
(‘‘Alternative PMMs’’) on the Exchange.
The proposed rule change was
published for comment in the Federal
Register on December 15, 2008.3 The
Commission received no comments on
the proposal. This order approves the
proposed rule change.
1 p.m.
II. Description of the Proposal
Additional
Item.
The following item has been added to
the Thursday, January 15, 2009 Closed
Meeting agenda:
A matter related to a financial
institution.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552(b)(c)(7), (8) (9)(B) and and 17
CFR 200.402(a)(7), (8) and (9)(B) permit
consideration of the scheduled matter at
the Closed Meeting.
Commissioner Aguilar, as duty
officer, determined that Commission
business required the above change and
that no earlier notice thereof was
possible.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
The Exchange proposes to amend ISE
Rule 802 to provide for Alternative
PMMs. Currently, when the ISE lists
new options classes, it allocates them to
one of its Primary Market Makers
(‘‘PMMs’’) under ISE Rule 802. Pursuant
to power delegated to the Board, an
Allocation Committee, which consists of
representatives of Electronic Access
Members, makes allocation decisions
according to the guidelines contained in
ISE Rule 802. Under ISE Rule 802,
allocations are voluntary.4 To better
enable the Exchange to list and retain
options classes that PMMs do not wish
rmajette on PRODPC74 with NOTICES
CHANGE IN THE MEETING:
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1 15
U.S.C. 78s(b)(1).
CFR 240.19b-4.
3 See Securities Exchange Act Release No. 59053
(December 4, 2008), 73 FR 76078 (the ‘‘Notice’’).
4 According to ISE, at times, the Exchange is
unable to list new products because existing PMMs
are not interested in trading the options class. At
other times, ISE must delist certain products due to
lack of PMM interest. ISE represents that this occurs
most frequently with respect to options on stocks
that have pending corporate actions and options
products that are not listed at any other options
exchange. ISE believes that despite the lack of PMM
interest, these products may be of interest to other
market making firms at the Exchange.
2 17
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
to trade, ISE proposes to appoint
Competitive Market Makers (‘‘CMMs’’)
that meet certain qualifications as
Alternative PMMs when none of the
PMMs want an allocation.5
Under the proposal, if no PMMs or
Second Market PMMs (as applicable)
want the allocation, the Alternative
PMMs would be offered the opportunity
to serve as PMM in the options class in
accordance with the Exchange’s regular
allocation procedures. Once appointed
to an options class, the Alternative
PMM would have all of the
responsibilities and privileges of a PMM
under the ISE Rules with respect to all
appointed options classes.6 If an
Alternative PMM ceases trading of an
options class, that options class will be
reallocated by the Exchange. An
Alternative PMM will not have any
transferable rights in options classes to
which it is appointed nor will it have
any PMM voting rights.
III. Discussion and Commission
Findings
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.7 In particular, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,8 which requires that an exchange
have rules 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 Commission believes that the
proposed rule change, which is
intended to allow the Exchange to
allocate more new products and to
facilitate the continued listing of
existing products, is consistent with the
Act. The Commission believes that the
introduction of Alternative PMMs on
5 Only CMMs that own or lease CMM Rights shall
be eligible to be appointed as an Alternative PMM.
That is, Electronic Access Members acting as
market makers in the Second Market will not be
eligible to be appointed as Alternative PMMs.
6 For example, Alternative PMMs would enjoy
privileges that include, among other things,
participation rights and small order execution
preference while accepting responsibilities that
include, among other things, the obligation to
provide continuous quotations in the options class
to which the Alternative PMM is appointed, and the
obligation to conduct the opening rotation on a
daily basis for as long as the Alternative PMM is
appointed to that options class.
7 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
8 15 U.S.C. 78f(b)(5).
E:\FR\FM\22JAN1.SGM
22JAN1
Agencies
[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Page 4062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1241]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Federal Register Citation of Previous Announcement: [74 FR 1734,
January 13, 2009].
Status: Closed Meeting.
Place: 100 F Street, NE., Washington, DC.
Date and Time of Previously Announced Meeting: Thursday, January 15,
2009 at 1 p.m.
Change in the Meeting: Additional Item.
The following item has been added to the Thursday, January 15, 2009
Closed Meeting agenda:
A matter related to a financial institution.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552(b)(c)(7), (8) (9)(B) and and 17 CFR 200.402(a)(7), (8)
and (9)(B) permit consideration of the scheduled matter at the Closed
Meeting.
Commissioner Aguilar, as duty officer, determined that Commission
business required the above change and that no earlier notice thereof
was possible.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at (202) 551-5400.
Dated: January 15, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-1241 Filed 1-21-09; 8:45 am]
BILLING CODE 8011-01-P