Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Temporarily Implement a Cap on Certain Fees for Members, 23000-23002 [E9-11359]
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
information, trading volume, closing
prices and the NAV for the Shares from
the previous day. The Web site for the
Trust, which may be accessed through
a link provided by the Exchange on its
Web site, will disseminate the last-sale
price information for Shares, NAV, and
information related to the NAV,
including the Bid-Ask Price, the
Creation Basket Deposit, calculation
information and data related to the
premium or discount of the Bid-Ask
Price against the NAV. The Web site for
the Trust will also disseminate the IIV
per Share, updated at least every 15
seconds, during the Exchange’s Core
Trading Session. Information on gold
prices and markets is available on
public Web sites and through
professional and subscription services,
and investors may obtain on a 24-hour
basis gold pricing information based on
the spot price of an ounce of gold from
various financial information service
providers. Complete real-time data for
gold futures contracts and options
prices traded on the COMEX is available
by subscription from information
services such as Reuters or Bloomberg,
and information on gold is available
from published or other public sources.
NYMEX also provides delayed futures
and options information free of charge.
Additionally, the Commission
believes that the proposal to list and
trade the Shares is reasonably designed
to promote fair disclosure of
information that may be necessary to
price the Shares appropriately. As noted
above, the Trust Web site will make
available the NAV of the Trust as
calculated each business day by the
Trustee. In addition, NYSE Arca
Equities Rule 8.201(i) provides that, in
connection with trading in an
underlying physical commodity, related
commodity futures or options on
commodity futures, or any other related
commodity derivative, including
Commodity-Based Trust Shares, an ETP
Holder acting as a Market Maker (as
defined in NYSE Arca Equities Rule
1.1(u)) in the Shares is restricted from
using any material non-public
information received from any person
associated with such ETP Holder
regarding trading by such person in the
underlying physical commodity, related
commodity futures or options on
commodity futures, or other related
commodity derivatives.
The Commission also believes that the
Exchange’s trading halt rules are
reasonably designed to prevent trading
in the Shares when transparency is
impaired. NYSE Arca Equities Rule
8.201(e)(2) provides that, when the
Exchange is the listing market, if the
value of the underlying commodity or
VerDate Nov<24>2008
16:43 May 14, 2009
Jkt 217001
ITV (also known as the IIV) is no longer
calculated or available on at least a 15second delayed basis, the Exchange
would consider suspending trading in
the Shares. The Exchange has further
represented that trading on the
Exchange in the Shares 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 conditions in the
underlying gold market have caused
disruptions and/or lack of trading; or (2)
whether other unusual conditions or
circumstances detrimental to the
maintenance of a fair and orderly
market are present. In addition, trading
in Shares will be subject to trading halts
caused by extraordinary market
volatility pursuant to the Exchange’s
‘‘circuit breaker’’ rule. NYSE Arca
Equities Rule 8.201(e)(2) also provides
that the Exchange may seek to delist the
Shares in the event the value of the
underlying gold or the ITV is no longer
calculated or available as required.
The Commission further believes that
the trading rules and procedures to
which the Shares will be subject
pursuant to this proposal are consistent
with the Act. The Exchange has
represented that any securities listed
pursuant to this proposal will be
deemed equity securities, and subject to
existing Exchange rules governing the
trading of equity securities.
In support of this proposal, the
Exchange has made representations,
including:
(1) The Exchange’s surveillance
procedures are adequate to deter and
detect violations of Exchange rules and
applicable federal securities laws.
(2) The Exchange will distribute an
Information Bulletin, the contents of
which are more fully described above,
to ETP Holders in connection with the
trading of the Shares.
This approval order is based on the
Exchange’s representations.
The Commission finds good cause,
pursuant to Section 19(b)(2) of the
Act,26 for approving the proposed rule
change prior to the 30th day after the
date of publication of notice in the
Federal Register. The Exchange’s
proposal to list and trade the Shares
does not present any novel or significant
regulatory issues. Previously, the
Commission approved two proposals by
the Exchange to list and trade shares of
trusts that hold gold bullion pursuant to
NYSE Arca Equities Rule 8.201.27
26 15
U.S.C. 78s(b)(2).
Securities Exchange Act Release Nos.
56041 (July 11, 2007), 72 FR 39114 (July 17, 2007)
(SR–NYSEArca–2007–43) (approving listing and
27 See
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V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,28 that the
proposed rule change (SR–NYSEArca–
2009–40) be, and it hereby is, approved
on an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.29
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11397 Filed 5–14–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59894; File No. SR–BX–
2009–023]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Temporarily
Implement a Cap on Certain Fees for
Members
May 8, 2009.
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 May 1,
2009, NASDAQ OMX BX, Inc. (‘‘BX’’ or
‘‘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 the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
BX proposes to adopt a temporary cap
on fees charged for OUCH ports to the
Equities Market. The text of the
proposed rule change is below.
Proposed new language is in italics.3
*
*
*
*
*
7015. Access Services.
The following charges are assessed by
the Exchange for ports to establish
connectivity to the NASDAQ OMX BX
Equities Market, as well as ports to
trading of shares of the iShares COMEX Gold Trust)
and 56224 (August 8, 2007), 72 FR 45850 (August
15, 2007) (SR–NYSEArca–2007–76) (approving
listing and trading of shares of the streetTRACKS
Gold Trust).
28 15 U.S.C. 78s(b)(2).
29 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Changes are marked to the rule text that appears
in the electronic manual of Nasdaq found at
https://nasdaqomxbx.cchwallstreet.com.
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
receive data from the NASDAQ OMX
BX Equities Market:
• $400 per month for each port pair,
other than Multicast ITCH® data feed
pairs, for which the fee is $1000 per
month. Additional OUCH port pairs
beyond 15 are at no cost for the months
of May and June 2009.
• Internet Ports: An additional $200
per month for each Internet port that
requires additional bandwidth.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, BX
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. BX 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
BX is proposing to modify its pricing
for OUCH ports, which provide
connectivity to the NASDAQ OMX BX
Equities Market. Specifically, BX will
eliminate fees for a member firm’s
OUCH ports in excess of 15 for the
months of May and June 2009. Member
firms have complained that, because BX
does not have an anti-internalization
capability, they must purchase
additional OUCH ports that they would
otherwise not need to purchase solely to
avoid unwanted execution against their
customer orders. Internalization occurs
when a member firm’s customer order is
posted on the market and executed all
or in part by the same member firm.
Member firms must avoid
internalization of certain customer
orders to avoid violating rules and
regulations of the Employee Retirement
Income Security Act that preclude
and/or limit managing broker-dealers of
such customer accounts from trading as
principal with orders generated for
those accounts. Currently, some member
firms are only able to avoid
internalization by purchasing additional
OUCH ports through which they place
all order flow that must not be
internalized. Such additional ports have
discrete MPID numbers, which allow
these member firms to identify the
orders and avoid internalization.
VerDate Nov<24>2008
16:43 May 14, 2009
Jkt 217001
BX is developing an antiinternalization function for its market
designed to prevent member firms from
executing a trade as a counterparty to
their customer orders, which it
anticipates will be operational by the
end of June. The temporary cap on
OUCH port fees proposed herein is
designed to provide relief to member
firms affected by BX’s lack of an antiinternalization function until it can be
implemented, at which time such firms
can reduce the number of ports
currently subscribed to solely due to the
lack of such a function. BX will seek to
remove the cap language from the rule
upon its expiration or alternatively will
seek to extend the cap until such time
the anti-internalization function can be
implemented.
2. Statutory Basis
BX believes that the proposed rule
change is consistent with the provisions
of Section 6 of the Act,4 in general, and
with Section 6(b)(4) of the Act,5 in
particular, in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system which BX operates or
controls. The proposed fee change
applies uniformly to all BX members.
BX has determined that temporarily
instituting a cap on fees for OUCH ports
in excess of 15 will provide relief to
member firms required to purchase
additional ports solely due to BX’s lack
of an anti-internalization function.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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 pursuant to Section
19(b)(3)(A)(ii) of the Act 6 and
subparagraph (f)(2) of Rule 19b–4
thereunder.7 At any time within 60 days
of the filing of the proposed rule change,
4 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
6 15 U.S.C. 78s(b)(3)(a)(ii).
7 17 CFR 240.19b–4(f)(2).
5 15
PO 00000
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23001
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–BX–2009–023 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–BX–2009–023. 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, on business days between the
hours of 10 a.m. and 3 p.m., located at
100 F Street, NE., Washington, DC
20549. 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
E:\FR\FM\15MYN1.SGM
15MYN1
23002
Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
Number SR–BX–2009–023 and should
be submitted on or before June 5, 2009.
ACTION: List of applications for special
permits.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11359 Filed 5–14–09; 8:45 am]
SUMMARY: In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, Subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. Each mode of transportation for
which a particular special permit is
requested is indicated by a number in
the ‘‘Nature of Application’’ portion of
the table below as follows: 1—Motor
vehicle, 2—Rail freight, 3—Cargo vessel,
4—Cargo aircraft only, 5—Passengercarrying aircraft.
DATES: Comments must be received on
or before June 15, 2009.
Address Comments to: Record Center,
Pipeline and Hazardous Materials Safety
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Application for Special
Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
FOR FURTHER INFORMATION: Copies of the
applications are available for inspection
in the Records Center, East Building,
PHH–30, 1200 New Jersey Avenue
Southeast, Washington DC or at https://
fdms.gov.
This notice of receipt of applications
for special permit is published in
accordance with Part 107 of the Federal
hazardous materials transportation law
(49 U.S.C. 5117(b); 49 CFR 1.53(b)).
Issued in Washington, DC, on May 8, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
NEW SPECIAL PERMITS
Regulation(s) affected
Application No.
Docket No.
14838–N ............
........................
Autoliv ASP, Inc.,
Ogden, UT.
49 CFR 172.320,
173.56 and
173.62.
14839–N ............
........................
Matheson Tri-Gas
Inc., Basking
Ridge, NJ.
49 CFR, 180.209 ....
14841–N ............
........................
Innophos, Inc.,
Nashville, TN.
49 CFR,
177.834(i)(3).
14842–N ............
........................
American
Spraytech, North
Branch, NJ.
49 CFR,
173.306(a)(3)(v).
14843–N ............
........................
Mercotac, Inc.,
Carlsbad, CA.
49 CFR, 173.162(c)
and 172.200.
14844–N ............
........................
Northern Air Cargo,
Anchorage, AK.
49 CFR, 173.302(f)
14847–N ............
........................
PPG Industries, Inc.,
Monroeville, PA.
49 CFR, 179.15(e) ..
14848–N ............
........................
Corning Incorporated, Corning,
NY.
49 CFR, 177.834(h)
14849–N ............
........................
Rechargeable Battery Recycling
Corporation, Atlanta, GA.
49 CFR, 172.200,
172.300, 172.400.
8 17
Applicant
Nature of special permits thereof
To authorize the transportation in commerce of Class 1 explosives in a specially designed packaging as Division 1.3C
or 1.4C for materials and devices respectively without
being first examined as required by § 173.56 for transportation by motor vehicle. (mode 1).
To authorize the transportation in commerce of certain DOT
Specification 3A and 3AA cylinders containing Division 2.2
gases that have tested every 15 years instead of every 10
years. (modes 1, 2, 3, 4, 5).
To authorize the use of video cameras and monitors to observe the loading and unloading operations meeting the
definition of ‘‘loading incidental to movement’’ or ‘‘unloading
incidental to movement’’ as those terms are defined in
§ 171.8 of the Hazardous Materials Regulations from a remote control station in place of personnel remaining within
25 feet of the cargo tank motor vehicles. (mode 1).
To authorize the transportation in commerce of certain
aerosols containing a Division 2.2 compressed gas in certain non-refillable aerosol containers which are not subject
to the hot water bath test. (mode 1).
To authorize the transportation of gallium containing in a
manufactured article in alternative packaging, and without
shipping papers unless transported by air. (modes 1, 2, 4,
5).
To authorize the transportation in commerce of cylinders of
compressed oxygen and oxidizing gases without rigid outer
packaging when no other means of transportation exist.
(modes 4, 5).
To authorize the transportation in commerce of certain DOT
105J500W tank cars containing chlorine with a higher startto-discharge pressure setting than is currently authorized.
(mode 2).
To authorize the discharge of a Division 2.1 material from an
authorized DOT specification cylinder without removing the
cylinder from the vehicle on which it is transported. (mode
1).
To authorize the transportation in commerce of certain lithium
batteries without shipping papers, marking or labeling,
when transported for disposal. (mode 1).
CFR 200.30–3(a)(12).
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16:43 May 14, 2009
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E:\FR\FM\15MYN1.SGM
15MYN1
]]>Agencies
[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 23000-23002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11359]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59894; File No. SR-BX-2009-023]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Temporarily Implement a Cap on Certain Fees for Members
May 8, 2009.
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 May 1, 2009, NASDAQ OMX BX, Inc. (``BX'' or ``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 the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule 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 the
Substance of the Proposed Rule Change
BX proposes to adopt a temporary cap on fees charged for OUCH ports
to the Equities Market. The text of the proposed rule change is below.
Proposed new language is in italics.\3\
---------------------------------------------------------------------------
\3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at https://nasdaqomxbx.cchwallstreet.com.
---------------------------------------------------------------------------
* * * * *
7015. Access Services.
The following charges are assessed by the Exchange for ports to
establish connectivity to the NASDAQ OMX BX Equities Market, as well as
ports to
[[Page 23001]]
receive data from the NASDAQ OMX BX Equities Market:
$400 per month for each port pair, other than Multicast
ITCH[supreg] data feed pairs, for which the fee is $1000 per month.
Additional OUCH port pairs beyond 15 are at no cost for the months of
May and June 2009.
Internet Ports: An additional $200 per month for each
Internet port that requires additional bandwidth.
* * * * *
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, BX 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. BX 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
BX is proposing to modify its pricing for OUCH ports, which provide
connectivity to the NASDAQ OMX BX Equities Market. Specifically, BX
will eliminate fees for a member firm's OUCH ports in excess of 15 for
the months of May and June 2009. Member firms have complained that,
because BX does not have an anti-internalization capability, they must
purchase additional OUCH ports that they would otherwise not need to
purchase solely to avoid unwanted execution against their customer
orders. Internalization occurs when a member firm's customer order is
posted on the market and executed all or in part by the same member
firm. Member firms must avoid internalization of certain customer
orders to avoid violating rules and regulations of the Employee
Retirement Income Security Act that preclude and/or limit managing
broker-dealers of such customer accounts from trading as principal with
orders generated for those accounts. Currently, some member firms are
only able to avoid internalization by purchasing additional OUCH ports
through which they place all order flow that must not be internalized.
Such additional ports have discrete MPID numbers, which allow these
member firms to identify the orders and avoid internalization.
BX is developing an anti-internalization function for its market
designed to prevent member firms from executing a trade as a
counterparty to their customer orders, which it anticipates will be
operational by the end of June. The temporary cap on OUCH port fees
proposed herein is designed to provide relief to member firms affected
by BX's lack of an anti-internalization function until it can be
implemented, at which time such firms can reduce the number of ports
currently subscribed to solely due to the lack of such a function. BX
will seek to remove the cap language from the rule upon its expiration
or alternatively will seek to extend the cap until such time the anti-
internalization function can be implemented.
2. Statutory Basis
BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The proposed fee change applies
uniformly to all BX members. BX has determined that temporarily
instituting a cap on fees for OUCH ports in excess of 15 will provide
relief to member firms required to purchase additional ports solely due
to BX's lack of an anti-internalization function.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange 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 pursuant to Section
19(b)(3)(A)(ii) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\7\ 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. 78s(b)(3)(a)(ii).
\7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-BX-2009-023 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-BX-2009-023. 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, on business days between the hours
of 10 a.m. and 3 p.m., located at 100 F Street, NE., Washington, DC
20549. 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
[[Page 23002]]
Number SR-BX-2009-023 and should be submitted on or before June 5,
2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11359 Filed 5-14-09; 8:45 am]
BILLING CODE 8010-01-P
