Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to MSRB Rule G-8 Requiring Brokers, Dealers and Municipal Securities Dealers To Maintain Certain Records Relating to Auction Rate Securities and Variable Rate Demand Obligations, 22780-22782 [E9-11167]
Download as PDF
22780
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices
and, in general to protect investors and
the public interest. The proposed rule
change will allow the listing and trading
of currency and index warrants on the
Exchange under standards previously
implemented by other national
securities exchanges, which the
Exchange believes will enhance
competition among market participants,
to the benefit of investors and the
marketplace.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms, does not become
operative for 30 days after the date of
filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 9 and Rule
19b–4(f)(6) thereunder.10
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days after the
date of filing.11 However, Rule 19b–
4(f)(6)(iii) permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange requested that the
Commission waive the 30-day operative
delay and designate the proposed rule
change operative upon filing.
The Commission believes that
waiving the 30-day operative delay is
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires the self-regulatory
organization to give the Commission notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
pwalker on PROD1PC71 with NOTICES
10 17
VerDate Nov<24>2008
17:37 May 13, 2009
Jkt 217001
consistent with the protection of
investors and the public interest. The
Commission notes that the proposed
alternative listing standards are
substantially identical to rules of other
national securities exchanges.12
Therefore, the Commission designates
the proposal operative upon filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.14
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEArca–2009–39 and should be
submitted on or before June 4, 2009.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11163 Filed 5–13–09; 8:45 am]
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–NYSEArca–2009–39 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2009–39. 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
12 See
supra note 5.
purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
14 15 U.S.C. 78s(b)(3)(C).
13 For
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Fmt 4703
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BILLING CODE 8010–01–P
[Release No. 34–59873; File No. SR–MSRB–
2009–06]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change to MSRB Rule G–8 Requiring
Brokers, Dealers and Municipal
Securities Dealers To Maintain Certain
Records Relating to Auction Rate
Securities and Variable Rate Demand
Obligations
May 6, 2009.
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 April 28,
2009, the Municipal Securities
Rulemaking Board (‘‘MSRB’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the MSRB. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The MSRB is filing with the
Commission a proposed rule change
consisting of an amendment to MSRB
Rule G–8, Books and Records (the
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices
‘‘proposed rule change’’). The proposed
rule change would provide
organizations responsible for inspecting
and enforcing MSRB rules with
information that would assist in the
enforcement of compliance with Rule
G–34(c), on variable rate security market
information, by requiring brokers,
dealers and municipal securities dealers
to maintain certain records relating to
auction rate securities and variable rate
demand obligations. The MSRB
proposes an effective date for the
proposed rule change of June 1, 2009.
The text of the proposed rule change
is available on the MSRB’s Web site
(https://www.msrb.org), at the MSRB’s
principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
MSRB 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. The MSRB has
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
pwalker on PROD1PC71 with NOTICES
The MSRB operates a facility for the
collection and public dissemination of
information about securities bearing
interest at short-term rates (the Shortterm Obligation Rate Transparency
System, or SHORT System). MSRB Rule
G–34(c), on variable rate security market
information, requires brokers, dealers
and municipal securities dealers
(collectively ‘‘dealers’’) to report, or
ensure the reporting of, interest rate and
descriptive information to the SHORT
System about municipal Auction Rate
Securities (‘‘ARS’’) and Variable Rate
Demand Obligations (‘‘VRDO’’)
following an ARS auction or VRDO
interest rate reset.
The proposed rule change would
require those dealers for which MSRB
Rule G–34(c) applies to retain for a
period of three years records that would
show that the requirement in Rule G–34
to submit information to the SHORT
System applies to the dealer and that
the dealer has submitted accurate
information to the SHORT System. For
ARS, dealers would be required to
17:37 May 13, 2009
Jkt 217001
2. Statutory Basis
The MSRB believes that the proposed
rule change is consistent with Section
15B(b)(2)(C) of the Act, which provides
that the MSRB’s rules shall:
be designed to prevent fraudulent and
manipulative acts and practices, to promote
just and equitable principles of trade, to
foster cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with respect
to, and facilitating transactions in municipal
securities, to remove impediments to and
perfect the mechanism of a free and open
market in municipal securities, and, in
general, to protect investors and the public
interest.
The MSRB believes that the proposed
rule change is consistent with the Act
because it will facilitate the inspection
and enforcement of MSRB Rule G–34(c).
1. Purpose
VerDate Nov<24>2008
retain a record of all of the ARS for
which the dealer acts as a Program
Dealer as defined in Rule G–34(c)(i)(A),
a record of all information submitted to
and received from an Auction Agent as
defined in Rule G–34(c)(i) with respect
to an auction, and all information
required to be submitted to the SHORT
System. For VRDO, dealers would be
required to retain a record of all of the
VRDO for which the dealer acts as a
Remarketing Agent as defined in Rule
G–34(c)(ii), and all information required
to be submitted to the SHORT System.
These records would provide
organizations responsible for inspecting
and enforcing MSRB rules with
information that would assist in the
enforcement of compliance with MSRB
Rule G–34(c).
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The MSRB does not believe the
proposed rule change will impose any
burden on competition since it would
apply equally to all brokers, dealers and
municipal securities dealers.
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 on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not:
(i) Significantly affect the protection
of investors or the public interest;
(ii) Impose and [sic] significant
burden on competition; and
(iii) Become operative for 30 days
from the date on which it was filed, or
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
22781
such shorter time as the Commission
may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the
Act and Rule 19b–4(f)(6) thereunder.3
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–MSRB–2009–06 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–MSRB–2009–06. 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
3 The Commission notes that Rule 19b–4(f)(6)(iii)
requires the self-regulatory organization to give the
Commission written notice of its intent to file the
proposed rule change along with a brief description
and text of the proposed rule change, at least five
business days prior to the date of filing of the
proposed rule change, or such shorter time as
designated by the Commission. The MSRB has
satisfied the pre-filing requirement.
E:\FR\FM\14MYN1.SGM
14MYN1
22782
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices
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 the filing will also be available
for inspection and copying at the
principal office of the MSRB. 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 No.
SR–MSRB–2009–06 and should be
submitted on or before June 4, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.4
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11167 Filed 5–13–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59884; File No. SR–NYSE–
2009–43]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Delete All
References in the NYSE Rule Book to
‘‘Alternext’’ and ‘‘Alternext US’’ and
Substitute References to ‘‘Amex’’ To
Reflect the Recent Name Change of
NYSE Alternext US LLC to NYSE Amex
LLC
May 7, 2009.
pwalker on PROD1PC71 with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 22,
2009, New York Stock Exchange LLC
(‘‘NYSE’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by NYSE. The
Exchange has designated this proposal
as one concerned solely with the
administration of the Exchange
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(3)
thereunder,4 which renders the proposal
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
4 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(3).
17:37 May 13, 2009
‘‘Amex’’ to accurately reflect the recent
name change of the Amex SRO.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
2. Statutory Basis
The Exchange proposes to amend the
NYSE Rule Book to delete all references
therein to ‘‘Alternext’’ and ‘‘Alternext
US’’ and substitute references to
‘‘Amex’’ to reflect the recent name
change of NYSE Alternext US LLC to
NYSE Amex LLC. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and https://
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,
NYSE 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. NYSE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On March 18, 2009, NYSE Alternext
US LLC (the ‘‘Amex SRO’’), formerly
American Stock Exchange LLC prior to
its acquisition by NYSE Euronext on
October 1, 2008, filed a Certificate of
Amendment with the Secretary of State
of the State of Delaware to officially
change its name to NYSE Amex LLC.
Earlier, on March 3, 2009, the Amex
SRO had filed a Form 19b-4 with the
Commission proposing to amend its
rules to reflect the name change, and the
Commission issued a Notice with
respect to that rule filing on March 13,
2009.5
The Exchange has a number of
outdated references in its Rule Book to
the Amex SRO under the old name,
specifically in Rules 2, 6A, 18, 36, 103B
and 300. The purpose of this proposed
rule change is to amend the Exchange’s
Rule Book to delete all references
therein to ‘‘Alternext’’ and ‘‘Alternext
US’’ and substitute references to
5 See Securities Exchange Act Release No. 34–
59575 (March 13, 2009), 74 FR 11803 (March 19,
2009): Notice of Filing and Immediate Effectiveness
of Proposed Rule Change (File No. SR–NYSEALTR–
2009–24).
1 15
VerDate Nov<24>2008
comments on the proposed rule change
from interested persons.
Jkt 217001
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
The Exchange believes the proposed
rule change is consistent with Section
6(b) 6 of the Securities Exchange Act of
1934 (the ‘‘Act’’), in general, and
furthers the objectives of Section
6(b)(5) 7 in particular in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, 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. More specifically,
updating the references in the
Exchange’s rules to reflect the correct
name of the Amex SRO may help
eliminate potential confusion among
investors who may not be aware that a
name change has taken place.
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 purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change is concerned solely with the
administration of the Exchange, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and
subparagraph (f)(3) of Rule 19b–4
thereunder.9 At any time within 60 days
of the filing of the proposed rule change,
the Commission may summarily
abrogate such rule change if it appears
to the Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(3).
7 15
E:\FR\FM\14MYN1.SGM
14MYN1
Agencies
[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Notices]
[Pages 22780-22782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11167]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59873; File No. SR-MSRB-2009-06]
Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to MSRB Rule G-8 Requiring Brokers, Dealers and Municipal
Securities Dealers To Maintain Certain Records Relating to Auction Rate
Securities and Variable Rate Demand Obligations
May 6, 2009.
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 April 28, 2009, the Municipal Securities Rulemaking Board
(``MSRB'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the MSRB. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The MSRB is filing with the Commission a proposed rule change
consisting of an amendment to MSRB Rule G-8, Books and Records (the
[[Page 22781]]
``proposed rule change''). The proposed rule change would provide
organizations responsible for inspecting and enforcing MSRB rules with
information that would assist in the enforcement of compliance with
Rule G-34(c), on variable rate security market information, by
requiring brokers, dealers and municipal securities dealers to maintain
certain records relating to auction rate securities and variable rate
demand obligations. The MSRB proposes an effective date for the
proposed rule change of June 1, 2009.
The text of the proposed rule change is available on the MSRB's Web
site (https://www.msrb.org), at the MSRB's principal office, and at the
Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the MSRB 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. The MSRB has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The MSRB operates a facility for the collection and public
dissemination of information about securities bearing interest at
short-term rates (the Short-term Obligation Rate Transparency System,
or SHORT System). MSRB Rule G-34(c), on variable rate security market
information, requires brokers, dealers and municipal securities dealers
(collectively ``dealers'') to report, or ensure the reporting of,
interest rate and descriptive information to the SHORT System about
municipal Auction Rate Securities (``ARS'') and Variable Rate Demand
Obligations (``VRDO'') following an ARS auction or VRDO interest rate
reset.
The proposed rule change would require those dealers for which MSRB
Rule G-34(c) applies to retain for a period of three years records that
would show that the requirement in Rule G-34 to submit information to
the SHORT System applies to the dealer and that the dealer has
submitted accurate information to the SHORT System. For ARS, dealers
would be required to retain a record of all of the ARS for which the
dealer acts as a Program Dealer as defined in Rule G-34(c)(i)(A), a
record of all information submitted to and received from an Auction
Agent as defined in Rule G-34(c)(i) with respect to an auction, and all
information required to be submitted to the SHORT System. For VRDO,
dealers would be required to retain a record of all of the VRDO for
which the dealer acts as a Remarketing Agent as defined in Rule G-
34(c)(ii), and all information required to be submitted to the SHORT
System. These records would provide organizations responsible for
inspecting and enforcing MSRB rules with information that would assist
in the enforcement of compliance with MSRB Rule G-34(c).
2. Statutory Basis
The MSRB believes that the proposed rule change is consistent with
Section 15B(b)(2)(C) of the Act, which provides that the MSRB's rules
shall:
be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
the public interest.
The MSRB believes that the proposed rule change is consistent with
the Act because it will facilitate the inspection and enforcement of
MSRB Rule G-34(c).
B. Self-Regulatory Organization's Statement on Burden on Competition
The MSRB does not believe the proposed rule change will impose any
burden on competition since it would apply equally to all brokers,
dealers and municipal securities dealers.
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 on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not:
(i) Significantly affect the protection of investors or the public
interest;
(ii) Impose and [sic] significant burden on competition; and
(iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act and Rule
19b-4(f)(6) thereunder.\3\
---------------------------------------------------------------------------
\3\ The Commission notes that Rule 19b-4(f)(6)(iii) requires the
self-regulatory organization to give the Commission written notice
of its intent to file the proposed rule change along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
MSRB has satisfied the pre-filing requirement.
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-MSRB-2009-06 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-MSRB-2009-06. 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
[[Page 22782]]
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 the filing will also be available for inspection and
copying at the principal office of the MSRB. 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 No. SR-MSRB-2009-06 and should be submitted on or
before June 4, 2009.
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\4\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11167 Filed 5-13-09; 8:45 am]
BILLING CODE 8010-01-P