Self-Regulatory Organizations; Stock Clearing Corporation of Philadelphia; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Certificate of Incorporation of The NASDAQ OMX Group, Inc., 10642-10644 [E9-5211]

Download as PDF 10642 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEArca–2009–15 and should be submitted on or before April 1, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5204 Filed 3–10–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59518; File No. SR– NYSEArca–2009–01] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change Relating to the Reduction of the Annual Fee for Certain Issues Listed Under Rule 5.2(j)(6) March 5, 2009. rwilkins on PROD1PC63 with NOTICES I. Introduction On January 6, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’) and Rule 19b–4 thereunder,2 a proposed rule change amending its Schedule of Fees and Charges for Exchange Services (‘‘Fee Schedule’’) to revise the Annual Fees applicable to securities listed in calendar year 2009 under Rule 5.2(j)(6) on NYSE Arca, LLC (‘‘NYSE Arca Marketplace’’), the equities facility of NYSE Arca Equities. The proposed rule change was published for comment in the Federal Register on February 2, 2009.3 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change. II. Description of the Proposed Rule Change NYSE Arca proposes amending the Exchange’s Fee Schedule to revise the Annual Fee applicable to securities listed on the NYSE Arca Marketplace in calendar year 2009 under Rule 5.2(j)(6) (Equity Index-Linked Securities, Commodity-Linked Securities, Currency-Linked Securities, Fixed Income Index-Linked Securities, Futures-Linked Securities and Multifactor Indexed-Linked Securities). 8 17 CFR 200.30–3(a)(12). U.S.C.78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 59270 (Jan. 21, 2009), 74 FR 5880. 1 15 VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 Specifically, the Exchange proposes to add new footnote 10 to the Fee Schedule to state that, during 2009, the Annual Fee for an issue of securities listed under Rule 5.2(j)(6) of up to 500,000 shares outstanding would be $5,000, pro-rated based on days remaining in 2009. For example, under the proposed rule change, if an Equity Index-Linked Security lists on the NYSE Arca Marketplace on July 1, 2009 with 500,000 shares outstanding, such security would pay a pro-rated Annual Fee for 2009 of $2,500 (1/2 × $5,000).4 The proposed reduced Annual Fee of $5,000 or less would apply for calendar year 2009 to issues newly listed on the NYSE Arca Marketplace beginning as of January 1, 2009, and would not apply to issues listed prior to or after calendar year 2009. III. Discussion and Commission’s Findings The Commission finds that the proposed rule change is consistent with the requirements of Section 6 of the Act 5 and the rules and regulations thereunder applicable to a national securities exchange. Specifically, the Commission finds that the proposal is consistent with Section 6(b)(4) 6 of the Act, which requires that an exchange have rules that provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities.7 The Commission notes that the proposed fee reduction of $5,000 or more would only apply to certain securities with up to 500,000 shares outstanding, which is far less than the 6 million shares outstanding to which the current Annual Fee of $10,000 applies. Moreover, the Commission notes that the fee reduction would only be temporary and that the Exchange hopes that the temporary reduction in the Annual Fee for certain products may provide an incentive for issuers to introduce and list more of such products on the NYSE Arca marketplace and thereby, increase competition among such products. 4 Under the current Fee Schedule for Structured Products, which include securities listed under Rule 5.2(j)(6), the Annual Fee ranges from $10,000 to $55,000, based on the total number of securities outstanding per listed issue. The current Annual Fee for issues with up to 6 million shares outstanding is $10,000. 5 15 U.S.C. 78(f). 6 15 U.S.C. 78f(b)(4). 7 In approving the proposed rule change, the Commission notes that it has considered the proposed rules’ impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,8 that the proposed rule change (SR–NYSEArca2009–01) be, and it hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5207 Filed 3–10–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59494; File No. SR–SCCP– 2009–01] Self-Regulatory Organizations; Stock Clearing Corporation of Philadelphia; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Certificate of Incorporation of The NASDAQ OMX Group, Inc. March 3, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on February 17, 2009, Stock Clearing Corporation of Philadelphia (‘‘SCCP’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change described in Items I, II, and III below, which items have been prepared primarily by SCCP. SCCP filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 2 and Rule 19b–4(f)(3) thereunder 3 so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested parties. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change SCCP is filing this proposed rule change with regard to proposed changes to the Restated Certificate of Incorporation (‘‘Certificate’’) of its parent corporation, The NASDAQ OMX Group, Inc. (‘‘NASDAQ OMX’’). The proposed rule change will be implemented as soon as practicable following filing with the Commission. The text of the proposed rule change is available at https:// www.nasdaqtrader.com/ Trader.aspx?id=SCCPApprovedRules 8 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78s(b)(3)(A)(iii). 3 17 CFR 240.19b–4(f)(3). 9 17 E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 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, SCCP 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 these statements may be examined at the places specified in Item IV below. SCCP has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.4 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose rwilkins on PROD1PC63 with NOTICES NASDAQ OMX is proposing to make amendments to its Certificate. As provided in Articles XI and XII of the NASDAQ OMX By-Laws, proposed amendments to the Certificate are to be reviewed by the Board of Directors of each self-regulatory subsidiary of NASDAQ OMX, and if any such proposed amendment must be filed with or filed with and approved by the Commission under Section 19 of the Act and the rules promulgated thereunder before such amendment may be effective, then such amendment shall not be effective until filed with or filed with and approved by the Commission as the case may be. The governing boards of the NASDAQ Stock Market LLC (‘‘NASDAQ Exchange’’), NASDAQ OMX BX, Inc. (‘‘BX’’), NASDAQ OMX Phlx, Inc. (‘‘Phlx’’), BSECC, and Stock Clearing Corporation of Philadelphia (‘‘SCCP’’) have each reviewed the proposed change and have determined that it should be filed with the Commission.5 The changes to the Certificate are limited in scope, and under Delaware law, they do not require approval by the stockholders of NASDAQ OMX. Specifically, NASDAQ OMX proposes to eliminate its Certificate of Designations, Preferences and Rights of Series D Preferred Stock, and all matters set forth therein. NASDAQ OMX’s Series D Stock was created in 2005 for the purpose of allowing National Association of Securities Dealers, Inc. to 4 The Commission has modified the text of the summaries prepared by SCCP. 5 The NASDAQ Exchange, Phlx, BX, BSECC, and SCCP have each submitted this proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act, 15 U.S.C. 78s(b)(3)(A)(iii). VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 retain voting control over NASDAQ OMX’s predecessor, The Nasdaq Stock Market, Inc. In connection with the NASDAQ Exchange commencing operations as a national securities exchange, the sole share of Series D Stock was redeemed in December 2006. Under Delaware law, both a certificate of designations (designating a series of preferred stock) and a certificate of elimination (eliminating a previously adopted designation) are deemed to be amendments to NASDAQ OMX’s Certificate. 2. Statutory Basis SCCP believes that the proposed rule change is consistent with provisions of Section 17A of the Act,6 in general, and with Section 17A(b)(3)(A) of the Act,7 in particular, in that it is designed to ensure that SCCP is so organized and has the capacity to be able to facilitate the prompt and accurate clearance and settlement of securities transactions. The proposed change will enhance the clarity of NASDAQ OMX’s governance documents by eliminating provisions relating to a series of preferred stock that is no longer outstanding. (B) Self-Regulatory Organization’s Statement on Burden on Competition SCCP does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. (C) Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective upon filing pursuant to Section 19(b)(3)(A)(iii) of the Act 8 and Rule 19b–4(f)(3) 9 thereunder because the proposal is concerned solely with the administration of SCCP. At any time within sixty days of the filing of such 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. 6 15 U.S.C. 78q–1. U.S.C. 78q–1(b)(3)(A). 8 15 U.S.C. 78s(b)(3)(A)(iii). 9 17 CFR 240.19b–4(f)(3). 7 15 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 10643 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 (https://www.sec.gov/ rules/sro.shtml) or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–SCCP–2009–01 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–SCCP–2009–01. 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 (https://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. The text of the proposed rule change is available at SCCP, the Commission’s Public Reference Room, and https:// www.nasdaqtrader.com/ Trader.aspx?id=SCCPApprovedRules. 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–SCCP–2009–01 and should be submitted on or before April 1, 2009. E:\FR\FM\11MRN1.SGM 11MRN1 10644 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices For the Commission by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5211 Filed 3–10–09; 8:45 am] Dated: March 5, 2009. Darryl K. Hairston, Acting Administrator. [FR Doc. E9–5158 Filed 3–10–09; 8:45 am] BILLING CODE 8025–01–P BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11684 and #11685] [Disaster Declaration # 11683] Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E9–5159 Filed 3–10–09; 8:45 am] BILLING CODE 8025–01–P New York Disaster #NY–00071 New Hampshire Disaster # NH–00012 Declaration of Economic Injury Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of New Hampshire dated: 03/05/2009. Incident: Severe Ice Storm. Incident Period: 12/11/2008. Effective Date: 03/05/2009. Eidl Loan Application Deadline Date: 12/05/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Grafton, Hillsborough, Merrimack, Rockingham, Strafford. Contiguous Counties: New Hampshire: Belknap, Carroll, Cheshire Coos, Sullivan. Massachusetts: Essex, Middlesex, Worcester. Maine: York. Vermont: Caledonia, Essex, Orange, Windsor. The Interest Rate is: 4.000. The number assigned to this disaster for economic injury is 116830. The States which received an EIDL Declaration # are New Hampshire, Massachusets, Maine, Vermont. SUMMARY: rwilkins on PROD1PC63 with NOTICES (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) (Catalog of Federal Domestic Assistance Number 59002) 10 17 CFR 200.30–3(a)(12). VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 Small Business Administration ACTION: Notice. AGENCY: SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA–1827– DR), dated 03/04/2009. Incident: Severe Winter Storm. Incident Period: 12/11/2008 through 12/31/2008. Effective Date: 03/04/2009. Physical Loan Application Deadline Date: 05/04/2009. Economic Injury (Eidl) Loan Application Deadline Date: 12/04/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 03/04/2009, private non-profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Albany, Columbia, Delaware, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Washington. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere ................................. Businesses And Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.500 4.000 The number assigned to this disaster for physical damage is 11684B and for economic injury is 11685B. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 DEPARTMENT OF STATE [Public Notice 6540] U.S. National Commission for UNESCO Notice of Partially Closed Meeting The U.S. National Commission for UNESCO will hold a meeting by conference call on Wednesday, March 25, 2009, beginning at 11 a.m. Eastern Time. The open portion of the call should last approximately fifteen minutes and will address the timing of the Commission’s Annual Meeting and the 181st UNESCO Executive Board. Additional topic areas that relate to UNESCO may be discussed as needed. The Commission will accept brief oral comments from members of the public during the open portion of this conference call. The public comment period will be limited to approximately ten minutes in total with three minutes allowed per speaker. Members of the public who wish to present oral comments or listen to the conference call must make arrangements with the Executive Secretariat of the National Commission by March 23, 2009. The second portion of the teleconference meeting will be closed to the public to allow the Commission to discuss applications for the U.S. National Commission for UNESCO Laura W. Bush Traveling Fellowship, a fellowship funded through privately donated funds. This call will be closed pursuant to Section 10(d) of the Federal Advisory Committee Act and 5 U.S.C. 552b(c)(6) because it is likely to involve discussion of information of a personal nature regarding the relative merits of individual applicants where disclosure would constitute a clearly unwarranted invasion of personal privacy. For more information contact Kelly Siekman, Deputy Director of the Office of UNESCO Affairs, Washington, DC 20037. Telephone: (202) 663–0026; Fax: (202) 663–0035; e-mail: DCUNESCO@state.gov. Dated: March 4, 2009. Emily Spencer, Education Officer, IO/UNESCO, Department of State. [FR Doc. E9–5070 Filed 3–10–09; 8:45 am] BILLING CODE 4710–19–P E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10642-10644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5211]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59494; File No. SR-SCCP-2009-01]


Self-Regulatory Organizations; Stock Clearing Corporation of 
Philadelphia; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend the Certificate of Incorporation of The 
NASDAQ OMX Group, Inc.

March 3, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on February 17, 2009, Stock 
Clearing Corporation of Philadelphia (``SCCP'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change described in Items I, II, and III below, which items have been 
prepared primarily by SCCP. SCCP filed the proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-
4(f)(3) thereunder \3\ so that the proposal was effective upon filing 
with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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

    SCCP is filing this proposed rule change with regard to proposed 
changes to the Restated Certificate of Incorporation (``Certificate'') 
of its parent corporation, The NASDAQ OMX Group, Inc. (``NASDAQ OMX''). 
The proposed rule change will be implemented as soon as practicable 
following filing with the Commission. The text of the proposed rule 
change is available at https://www.nasdaqtrader.com/
Trader.aspx?id=SCCPApprovedRules

[[Page 10643]]

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, SCCP 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 these statements may be examined at the places specified in 
Item IV below. SCCP has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of these 
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries 
prepared by SCCP.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ OMX is proposing to make amendments to its Certificate. As 
provided in Articles XI and XII of the NASDAQ OMX By-Laws, proposed 
amendments to the Certificate are to be reviewed by the Board of 
Directors of each self-regulatory subsidiary of NASDAQ OMX, and if any 
such proposed amendment must be filed with or filed with and approved 
by the Commission under Section 19 of the Act and the rules promulgated 
thereunder before such amendment may be effective, then such amendment 
shall not be effective until filed with or filed with and approved by 
the Commission as the case may be. The governing boards of the NASDAQ 
Stock Market LLC (``NASDAQ Exchange''), NASDAQ OMX BX, Inc. (``BX''), 
NASDAQ OMX Phlx, Inc. (``Phlx''), BSECC, and Stock Clearing Corporation 
of Philadelphia (``SCCP'') have each reviewed the proposed change and 
have determined that it should be filed with the Commission.\5\ The 
changes to the Certificate are limited in scope, and under Delaware 
law, they do not require approval by the stockholders of NASDAQ OMX.
---------------------------------------------------------------------------

    \5\ The NASDAQ Exchange, Phlx, BX, BSECC, and SCCP have each 
submitted this proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act, 15 U.S.C. 78s(b)(3)(A)(iii).
---------------------------------------------------------------------------

    Specifically, NASDAQ OMX proposes to eliminate its Certificate of 
Designations, Preferences and Rights of Series D Preferred Stock, and 
all matters set forth therein. NASDAQ OMX's Series D Stock was created 
in 2005 for the purpose of allowing National Association of Securities 
Dealers, Inc. to retain voting control over NASDAQ OMX's predecessor, 
The Nasdaq Stock Market, Inc. In connection with the NASDAQ Exchange 
commencing operations as a national securities exchange, the sole share 
of Series D Stock was redeemed in December 2006. Under Delaware law, 
both a certificate of designations (designating a series of preferred 
stock) and a certificate of elimination (eliminating a previously 
adopted designation) are deemed to be amendments to NASDAQ OMX's 
Certificate.
2. Statutory Basis
    SCCP believes that the proposed rule change is consistent with 
provisions of Section 17A of the Act,\6\ in general, and with Section 
17A(b)(3)(A) of the Act,\7\ in particular, in that it is designed to 
ensure that SCCP is so organized and has the capacity to be able to 
facilitate the prompt and accurate clearance and settlement of 
securities transactions. The proposed change will enhance the clarity 
of NASDAQ OMX's governance documents by eliminating provisions relating 
to a series of preferred stock that is no longer outstanding.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    SCCP does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective upon filing pursuant 
to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(3) \9\ 
thereunder because the proposal is concerned solely with the 
administration of SCCP. At any time within sixty days of the filing of 
such 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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 (https://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-SCCP-2009-01 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-SCCP-2009-01. 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 (https://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. The text of the proposed rule change is available at 
SCCP, the Commission's Public Reference Room, and https://
www.nasdaqtrader.com/Trader.aspx?id=SCCPApprovedRules. 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-SCCP-2009-01 and should be 
submitted on or before April 1, 2009.


[[Page 10644]]


    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-5211 Filed 3-10-09; 8:45 am]
BILLING CODE 8011-01-P

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