Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by International Securities Exchange, LLC Relating to Changes to the Fee Schedule, 23458-23459 [E9-11617]
Download as PDF
<![CDATA[
23458
Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing.12 However, Rule 19b–
4(f)(6)(iii) 13 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest.
Nasdaq has requested that the
Commission waive the 30-day operative
delay. Nasdaq requests this waiver so
that these corrections can be
immediately operative, eliminating any
potential confusion caused by the
unintended changes in the New Listing
Rules. Nasdaq further believes that the
proposed rule change does not
significantly affect the protection of
investors or the public interest because
it merely conforms the recently adopted
Nasdaq listing rules with the previously
approved Nasdaq rules and corrects
typographical errors.
The Commission notes that the
changes being proposed do not present
any new regulatory issues. The changes
simply conform recently revised listing
rules to previously approved rules,
correct typographical errors, and make
certain clarifying changes. For these
reasons, the Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest, and
designates the proposed rule change to
be operative upon filing with the
Commission.14
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
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
organization submit to 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. Nasdaq has satisfied this requirement.
13 Id.
14 For the purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
mstockstill on PROD1PC66 with NOTICES
11 17
VerDate Nov<24>2008
16:48 May 18, 2009
Jkt 217001
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–NASDAQ–2009–040 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59912; File No. SR–ISE–
2009–26]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by
International Securities Exchange, LLC
Relating to Changes to the Fee
Schedule
May 13, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate
notice is hereby given that on May 5,
to Elizabeth M. Murphy, Secretary,
2009, the International Securities
Securities and Exchange Commission,
Exchange, LLC (the ‘‘Exchange’’ or the
Station Place, 100 F Street, NE.,
‘‘ISE’’) filed with the Securities and
Washington, DC 20549–1090.
Exchange Commission (‘‘Commission’’)
All submissions should refer to File
the proposed rule change as described
Number SR–NASDAQ–2009–040. This
in Items I, II, and III below, which items
file number should be included on the
have been prepared by the selfsubject line if e-mail is used. To help the regulatory organization. The
Commission process and review your
Commission is publishing this notice to
comments more efficiently, please use
solicit comments on the proposed rule
only one method. The Commission will change from interested persons.
post all comments on the Commission’s
I. Self-Regulatory Organization’s
Internet Web site (https://www.sec.gov/
Statement of the Terms of Substance of
rules/sro.shtml). Copies of the
the Proposed Rule Change
submission, all subsequent
The Exchange is proposing to amend
amendments, all written statements
its Schedule of Fees to make clarifying
with respect to the proposed rule
changes. The text of the proposed rule
change that are filed with the
change is available on the Exchange’s
Commission, and all written
Internet Web site at https://www.ise.com.
communications relating to the
proposed rule change between the
II. Self-Regulatory Organization’s
Commission and any person, other than Statement of the Purpose of, and
those that may be withheld from the
Statutory Basis for, the Proposed Rule
public in accordance with the
Change
provisions of 5 U.S.C. 552, will be
In its filing with the Commission, the
available for inspection and copying in
self-regulatory organization included
the Commission’s Public Reference
statements concerning the purpose of,
Room on official business days between
and basis for, the proposed rule change
the hours of 10 a.m. and 3 p.m. Copies
and discussed any comments it received
of such filing also will be available for
on the proposed rule change. The text
inspection and copying at the principal
of these statements may be examined at
office of Nasdaq. All comments received
the places specified in Item IV below.
will be posted without change; the
The self-regulatory organization has
Commission does not edit personal
prepared summaries, set forth in
identifying information from
sections A, B and C below, of the most
submissions. You should submit only
significant aspects of such statements.
information that you wish to make
A. Self-Regulatory Organization’s
available publicly. All submissions
Statement of the Purpose of, and
should refer to File Number SR–
Statutory Basis for, the Proposed Rule
NASDAQ–2009–040 and should be
Change
submitted on or before June 9, 2009.
(a) Purpose—The purpose of this
For the Commission, by the Division of
proposed rule change is to make
Trading and Markets, pursuant to delegated
clarifying changes to the Exchange’s
authority.15
Schedule of Fees. On April 27, 2009, the
Florence E. Harmon,
Exchange submitted SR–ISE–2009–21, a
Deputy Secretary.
proposed rule change to eliminate
[FR Doc. E9–11618 Filed 5–18–09; 8:45 am]
customer fees in multiply-listed
Paper Comments
BILLING CODE 8010–01–P
1 15
15 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00070
Fmt 4703
Sfmt 4703
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\19MYN1.SGM
19MYN1
Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices
Premium Products, retire a pilot
program capping fees for use of the
Exchange’s Facilitation Mechanism and
eliminate a volume-based fee rebate for
Electronic Access Members. Those
changes became operative on May 1,
2009.
In SR–ISE–2009–21, the Exchange
adopted the term ‘Singly Listed Indexes’
on its Schedule of fees. The Exchange
now proposes to make a clarifying
change by identifying the ‘Singly Listed
Indexes’ on its fee schedule with the
ticker symbols for those products. The
Exchange also proposes to adopt the
term ‘Singly Listed ETFs’ on its fee
schedule and identify those products by
their ticker symbols. Finally, the
Exchange proposes to revert back to
identifying by ticker symbols those
products to which the Exchange’s
Payment for Order Flow fee does not
apply.
(b) Basis—The Exchange believes that
the proposed rule change is consistent
with the objectives of Section 6 of the
Act,3 in general, and furthers the
objectives of Section 6(b)(4),4 in
particular, in that it is designed to
provide for the equitable allocation of
reasonable dues, fees and other charges
among its members and other persons
using its facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
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
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
mstockstill on PROD1PC66 with NOTICES
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) of
the Act 5 and Rule 19b–4(f)(2) 6
thereunder. At any time within 60 days
of the filing of such 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
3 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
5 15 U.S.C. 78s(b)(3)(A).
6 17 CFR 19b–4(f)(2). [sic]
4 15
VerDate Nov<24>2008
16:48 May 18, 2009
Jkt 217001
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 proposal 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–ISE–2009–26 on the subject
line.
23459
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–11617 Filed 5–18–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59908; File No. SR–BX–
2009–021]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
of Proposed Rule Change To Amend
the Restated Certificate of
Incorporation and By-Laws of
NASDAQ OMX BX, Inc.
May 12, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate
notice is hereby given that, on April 29,
to Elizabeth M. Murphy, Secretary,
2009, NASDAQ OMX BX, Inc. (‘‘BX’’ or
Securities and Exchange Commission,
‘‘Exchange’’) filed with the Securities
100 F Street, NE., Washington, DC
and Exchange Commission
20549–1090.
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
All submissions should refer to File
III below, which Items have been
Number SR–ISE–2009–26. This file
prepared by the Exchange. The
number should be included on the
subject line if e-mail is used. To help the Commission is publishing this notice to
solicit comments on the proposed rule
Commission process and review your
change from interested persons.
comments more efficiently, please use
only one method. The Commission will I. Self-Regulatory Organization’s
post all comments on the Commission’s Statement of the Terms of Substance of
Internet Web site (https://www.sec.gov/
the Proposed Rule Change
rules/sro.shtml). Copies of the
BX is filing this proposed rule change
submission, all subsequent
with regard to proposed changes to its
amendments, all written statements
Restated Certificate of Incorporation and
with respect to the proposed rule
By-Laws. The proposed rule change will
change that are filed with the
be implemented as soon as practicable
Commission, and all written
following approval by the Commission.
communications relating to the
The text of the proposed rule change is
proposed rule change between the
Commission and any person, other than available at https://
nasdaqomxbx.cchwallstreet.com, at
those that may be withheld from the
BX’s principal office, and at the
public in accordance with the
Commission’s Public Reference Room.
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
II. Self-Regulatory Organization’s
the Commission’s Public Reference
Statement of the Purpose of, and
Room, 100 F Street, NE., Washington,
Statutory Basis for, the Proposed Rule
DC 20549, on official business days
Change
between the hours of 10 a.m. and 3 p.m.
In its filing with the Commission, BX
Copies of such filing also will be
included statements concerning the
available for inspection and copying at
purpose of and basis for the proposed
the principal office of ISE. All
rule change and discussed any
comments received will be posted
comments it received on the proposed
without change; the Commission does
rule change. The text of these statements
not edit personal identifying
may be examined at the places specified
information from submissions. You
in Item IV below. BX has prepared
should submit only information that
summaries, set forth in Sections A, B,
you wish to make available publicly. All
submissions should refer to File
7 17 CFR 200.30–3(a)(12).
Number SR–ISE–2009–26 and should be
1 15 U.S.C. 78s(b)(1).
submitted on or before June 9, 2009.
2 17 CFR 240.19b–4.
Paper Comments
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
E:\FR\FM\19MYN1.SGM
19MYN1
]]>Agencies
[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23458-23459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11617]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59912; File No. SR-ISE-2009-26]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by International Securities
Exchange, LLC Relating to Changes to the Fee Schedule
May 13, 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 May 5, 2009, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') 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 self-
regulatory organization. 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 Exchange is proposing to amend its Schedule of Fees to make
clarifying changes. The text of the proposed rule change is available
on the Exchange's Internet Web site at https://www.ise.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
(a) Purpose--The purpose of this proposed rule change is to make
clarifying changes to the Exchange's Schedule of Fees. On April 27,
2009, the Exchange submitted SR-ISE-2009-21, a proposed rule change to
eliminate customer fees in multiply-listed
[[Page 23459]]
Premium Products, retire a pilot program capping fees for use of the
Exchange's Facilitation Mechanism and eliminate a volume-based fee
rebate for Electronic Access Members. Those changes became operative on
May 1, 2009.
In SR-ISE-2009-21, the Exchange adopted the term `Singly Listed
Indexes' on its Schedule of fees. The Exchange now proposes to make a
clarifying change by identifying the `Singly Listed Indexes' on its fee
schedule with the ticker symbols for those products. The Exchange also
proposes to adopt the term `Singly Listed ETFs' on its fee schedule and
identify those products by their ticker symbols. Finally, the Exchange
proposes to revert back to identifying by ticker symbols those products
to which the Exchange's Payment for Order Flow fee does not apply.
(b) Basis--The Exchange believes that the proposed rule change is
consistent with the objectives of Section 6 of the Act,\3\ in general,
and furthers the objectives of Section 6(b)(4),\4\ in particular, in
that it is designed to provide for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f.
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not 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
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.
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) of the Act \5\ and Rule 19b-4(f)(2) \6\ thereunder. At any
time within 60 days of the filing of such 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A).
\6\ 17 CFR 19b-4(f)(2). [sic]
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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-ISE-2009-26 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-ISE-2009-26. 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. Copies of such filing also will be available for
inspection and copying at the principal office of ISE. 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-ISE-2009-26 and should be
submitted on or before June 9, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------
\7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11617 Filed 5-18-09; 8:45 am]
BILLING CODE 8010-01-P
