Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by International Securities Exchange, LLC Relating to Amending the Direct Edge ECN Fee Schedule To Expand the Applicability of the Super Tier Rebate to All Securities Priced at or Above $1.00 and To Increase the Take Fee, 27371-27373 [E9-13403]
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Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices
circumstances. The MSRB further
believes that various factors appropriate
to the particular facts and circumstances
should be assessed by issuers, obligated
persons and their agents in coming to a
decision on whether to make a
voluntary submission on continuing
disclosure to EMMA, regardless of the
potential category, to the extent that
such parties are not otherwise obligated
to make such disclosures.
The MSRB does not agree that the
establishment of a distinct category for
the submission of rating agency
materials creates an inappropriate
regulatory encouragement for such
disclosures. The MSRB noted that
submitters may themselves assess the
factors raised by S&P in determining
whether to provide such disclosure and/
or provide additional information
necessary to make such disclosure
effective and not misleading to the
general public. Because such disclosure
is wholly voluntary, the MSRB does not
believe that there is a material
likelihood that the creation of this
category would serve as an incentive to
reduce information provided to the
rating agencies or to seek ratings only
from the rating agency requiring the
least amount of information.
With regard to the inclusion of rating
agency materials in the same category as
materials provided to credit or liquidity
providers, the MSRB noted that the
general categorization structure is
intended to serve as a finding aid for
public users and that, within any
particular category, the nature of the
specific documents submitted may vary.
To clarify that the MSRB does not
intend to equate rating agencies with
credit or liquidity providers and to
provide for a broader range of material
to be included in this category, the
MSRB has determined to rename this
category as ‘‘information provided to
rating agency, credit/liquidity provider
or other third party.’’ In submitting such
information, submitters should consider
including an indication of the type of
third-party recipient, to the extent
appropriate for purposes of
understanding the nature of the
information submitted.15 The
Commission believes that the MSRB has
reasonably addressed S&P’s concerns in
light of the voluntary nature of the
information allowed to be submitted to
the continuing disclosure service.
The Commission has carefully
considered the proposed rule change,
the comment letters received, and the
MSRB’s responses to the comment
letters and finds that the proposed rule
change is consistent with the
15 See
Response Letter III, supra note 5.
VerDate Nov<24>2008
14:45 Jun 08, 2009
Jkt 217001
requirements of the Act and the rules
and regulations thereunder applicable to
the MSRB 16 and, in particular, the
requirements of Section 15B(b)(2)(C) of
the Act 17 and the rules and regulations
thereunder. Section 15B(b)(2)(C) of the
Act requires, among other things, that
the MSRB’s rules 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.18 In particular, the Commission
finds that the proposed rule change is
consistent with the Act because the
EMMA continuing disclosure service, as
amended by the proposed rule change,
would serve as an additional
mechanism by which the MSRB works
toward removing impediments to and
helping to perfect the mechanisms of a
free and open market in municipal
securities, and would serve to promote
the statutory mandate of the MSRB to
protect investors and the public interest.
The inclusion of voluntary continuing
disclosure documents in the EMMA
continuing disclosure service would
further help make information useful for
making investment decisions more
easily accessible to all participants in
the municipal securities market on an
equal basis throughout the life of the
securities. Broad access to continuing
disclosure documents through the
EMMA continuing disclosure service
should assist in preventing fraudulent
and manipulative acts and practices by
improving the opportunity for public
investors to access material information
about issuers and their securities. A
single centralized and searchable venue
for free public access to disclosure
information should promote a more fair
and efficient municipal securities
market in which transactions are
effected on the basis of material
information available to all parties to
such transactions, which should allow
for fairer pricing of transactions based
on a more complete understanding of
the terms of the securities and the
potential investment risks. Free access
to this information—previously
16 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition
and capital formation. 15 U.S.C. 78c(f).
17 15 U.S.C. 78o–4(b)(2)(C).
18 Id.
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
27371
generally available, if at all, through
paid subscription services or on a perdocument fee basis—should reduce
transaction costs for dealers and
investors.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–MSRB–2009–
04), be, and it hereby is, approved.
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.20
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–13404 Filed 6–8–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60031; File No. SR–ISE–
2009–29]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by
International Securities Exchange, LLC
Relating to Amending the Direct Edge
ECN Fee Schedule To Expand the
Applicability of the Super Tier Rebate
to All Securities Priced at or Above
$1.00 and To Increase the Take Fee
June 3, 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 29,
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 selfregulatory organization. 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 Exchange proposes to amend
Direct Edge ECN’s (‘‘DECN’’) fee
schedule for ISE Members 3 to apply the
Super Tier Rebates, as defined below, to
all securities priced at or above $1.00
that add liquidity on EDGX and to raise
the fee charged to orders that remove
liquidity on EDGX. All of the changes
19 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 References to ISE Members in this filing refer to
DECN Subscribers who are ISE Members.
20 17
E:\FR\FM\09JNN1.SGM
09JNN1
27372
Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices
described herein are applicable to ISE
Members.
The text of the proposed rule change
is available on the Exchange’s Internet
Web site at https://www.ise.com, at the
principal office of the Exchange, 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
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
1. Purpose
DECN, a facility of ISE, operates two
trading platforms, EDGX and EDGA.
Currently, DECN’s fee schedule includes
a per share rebate in securities reported
to Tape A and Tape C of $0.003 per
share for ISE Members that add liquidity
on EDGX if the ISE Member satisfies any
of the following three criteria on a daily
basis, measured monthly: (i) Adding
40,000,000 shares or more on either
EDGX, EDGA or EDGX and EDGA
combined; (ii) adding 20,000,000 shares
or more on either EDGX, EDGA or EDGX
and EDGA combined and routing
20,000,000 shares or more through
EDGA; or (iii) adding 10,000,000 shares
or more of liquidity to EDGX, so long as
added liquidity on EDGX is at least
5,000,000 shares greater than the
previous calendar month. The rebate
described above is referred to as a
‘‘Super Tier Rebate’’ on the DECN fee
schedule. Currently, ISE Members that
add liquidity in Tape A and Tape C
securities and don’t meet the Super Tier
criteria, as set forth above, receive a
rebate of $0.0025 for such orders.
The Exchange is now proposing to
expand the applicability of the
aforementioned Super Tier Rebate
during the month of June by eliminating
the need to meet the ‘‘Super Tier’’
criteria described above for Tape A and
Tape C securities and rebating $0.003 to
all orders that add liquidity on EDGX.
The Exchange is increasing this rebate
to maintain a competitive rate. This fee
VerDate Nov<24>2008
14:45 Jun 08, 2009
Jkt 217001
change will become operative on June 1,
2009.
In an effort to offset the cost of
increasing the rebate for orders that add
liquidity on EDGX, the Exchange is
proposing to increase the fee for orders
that remove liquidity on EDGX from
$0.0026 to $0.0028. This fee change will
become operative on June 1, 2009.
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.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,4
in general, and furthers the objectives of
Section 6(b)(4),5 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. In
particular, expanding the applicability
of the Super Tier Rebate and offering
pricing incentives to market participants
who route orders to DECN allows DECN
to remain competitive. ISE notes that
DECN operates in a highly competitive
market in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive. The
proposed rule change reflects a
competitive pricing structure designed
to incentivize market participants to
direct their order flow to DECN. ISE
believes the fees and credits remain
competitive with those charged by other
venues and therefore continue to be
reasonable and equitably allocated to
those members that opt to direct orders
to DECN rather than competing venues.
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:
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 6 and Rule 19b–4(f)(2) 7
4 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
6 15 U.S.C. 78s(b)(3)(A).
7 17 CFR 19b–4(f)(2).
5 15
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
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
No. SR–ISE–2009–29 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–2009–29. 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 Commissions
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 the 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
E:\FR\FM\09JNN1.SGM
09JNN1
Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Notices
submissions should refer to File
Number SR–ISE–2009–29 and should be
submitted on or before June 30, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–13403 Filed 6–8–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60030; File No. SR–ISE–
2009–31]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Order
Granting Accelerated Approval to a
Proposed Rule Change Relating to the
Amounts That Direct Edge ECN, in Its
Capacity as an Introducing Broker for
Non-ISE Members, Passes Through to
Such Non-ISE Members
June 3, 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 June 1,
2009, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change. The proposed
rule change is described in Items I and
II below, which Items have been
prepared by ISE. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons, and is
approving the proposal on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to modify the
amounts that Direct Edge ECN
(‘‘DECN’’), in its capacity as an
introducing broker for non-ISE
Members, passes through to such nonISE Members.
The text of the proposed rule change
is available on the Exchange’s Internet
Web site at https://www.ise.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
14:45 Jun 08, 2009
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
DECN, a facility of ISE, operates two
trading platforms, EDGX and EDGA. On
May 29, 2009, the ISE filed for
immediate effectiveness a proposed rule
change to amend DECN’s fee schedule
for ISE Members 3 to increase the per
share rebate in securities priced at or
above a $1.00 that are reported to Tape
A and Tape C from $0.0025 to $0.003 for
orders that add liquidity on EDGX.4 In
SR–ISE–2009–29, the Exchange also
increased the fee for orders that remove
liquidity on EDGX from $0.0026 to
$0.0028. The fee changes made pursuant
to SR–ISE–2009–29 became operative
on June 1, 2009.
In its capacity as a member of ISE,
DECN currently serves as an introducing
broker for the non-ISE Member
subscribers of DECN to access EDGX
and EDGA. DECN, as an ISE Member
and introducing broker, receives rebates
and is assessed charges from DECN for
transactions it executes on EDGX or
EDGA in its capacity as introducing
broker for non-ISE Members. Since the
amounts of such rebates and charges
were changed pursuant to SR–ISE–
2009–29, DECN wishes to make
corresponding changes to the amounts it
passes through to non-ISE Member
subscribers of DECN for which it acts as
introducing broker. As a result, the per
share amounts that non-ISE Member
subscribers receive and are charged will
be the same as the amounts that ISE
Members receive and are charged.
ISE is seeking accelerated approval of
this proposed rule change, as well as a
retroactive effective date of June 1, 2009.
ISE represents that this proposal will
ensure that both ISE Members and non3 References to ISE Members in this filing refer to
DECN Subscribers who are ISE Members.
4 See SR–ISE–2009–29.
1 15
VerDate Nov<24>2008
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 III 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.
Jkt 217001
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
27373
ISE Members (by virtue of the passthrough described above) will in effect
receive and be charged equivalent
amounts and that the imposition of such
amounts will begin on the same June 1,
2009 start date.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,5
in general, and furthers the objectives of
Section 6(b)(4),6 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. In
particular, this proposal will ensure that
dues, fees and other charges imposed on
ISE Members are equitably allocated to
both ISE Members and non-ISE
Members (by virtue of the pass-through
described above).
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. 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
No. SR–ISE–2009–31 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.
5 15
6 15
E:\FR\FM\09JNN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
09JNN1
]]>Agencies
[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Notices]
[Pages 27371-27373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13403]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60031; File No. SR-ISE-2009-29]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by International Securities
Exchange, LLC Relating to Amending the Direct Edge ECN Fee Schedule To
Expand the Applicability of the Super Tier Rebate to All Securities
Priced at or Above $1.00 and To Increase the Take Fee
June 3, 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 29, 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 proposes to amend Direct Edge ECN's (``DECN'') fee
schedule for ISE Members \3\ to apply the Super Tier Rebates, as
defined below, to all securities priced at or above $1.00 that add
liquidity on EDGX and to raise the fee charged to orders that remove
liquidity on EDGX. All of the changes
[[Page 27372]]
described herein are applicable to ISE Members.
---------------------------------------------------------------------------
\3\ References to ISE Members in this filing refer to DECN
Subscribers who are ISE Members.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Internet Web site at https://www.ise.com, at the principal office of the
Exchange, 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 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
1. Purpose
DECN, a facility of ISE, operates two trading platforms, EDGX and
EDGA. Currently, DECN's fee schedule includes a per share rebate in
securities reported to Tape A and Tape C of $0.003 per share for ISE
Members that add liquidity on EDGX if the ISE Member satisfies any of
the following three criteria on a daily basis, measured monthly: (i)
Adding 40,000,000 shares or more on either EDGX, EDGA or EDGX and EDGA
combined; (ii) adding 20,000,000 shares or more on either EDGX, EDGA or
EDGX and EDGA combined and routing 20,000,000 shares or more through
EDGA; or (iii) adding 10,000,000 shares or more of liquidity to EDGX,
so long as added liquidity on EDGX is at least 5,000,000 shares greater
than the previous calendar month. The rebate described above is
referred to as a ``Super Tier Rebate'' on the DECN fee schedule.
Currently, ISE Members that add liquidity in Tape A and Tape C
securities and don't meet the Super Tier criteria, as set forth above,
receive a rebate of $0.0025 for such orders.
The Exchange is now proposing to expand the applicability of the
aforementioned Super Tier Rebate during the month of June by
eliminating the need to meet the ``Super Tier'' criteria described
above for Tape A and Tape C securities and rebating $0.003 to all
orders that add liquidity on EDGX. The Exchange is increasing this
rebate to maintain a competitive rate. This fee change will become
operative on June 1, 2009.
In an effort to offset the cost of increasing the rebate for orders
that add liquidity on EDGX, the Exchange is proposing to increase the
fee for orders that remove liquidity on EDGX from $0.0026 to $0.0028.
This fee change will become operative on June 1, 2009.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\4\ in general, and
furthers the objectives of Section 6(b)(4),\5\ 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. In particular, expanding the applicability of the Super
Tier Rebate and offering pricing incentives to market participants who
route orders to DECN allows DECN to remain competitive. ISE notes that
DECN operates in a highly competitive market in which market
participants can readily direct order flow to competing venues if they
deem fee levels at a particular venue to be excessive. The proposed
rule change reflects a competitive pricing structure designed to
incentivize market participants to direct their order flow to DECN. ISE
believes the fees and credits remain competitive with those charged by
other venues and therefore continue to be reasonable and equitably
allocated to those members that opt to direct orders to DECN rather
than competing venues.
---------------------------------------------------------------------------
\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 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 \6\ and Rule 19b-4(f)(2) \7\ 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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 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 No. SR-ISE-2009-29 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-2009-29. 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 Commissions 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 the 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
[[Page 27373]]
submissions should refer to File Number SR-ISE-2009-29 and should be
submitted on or before June 30, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13403 Filed 6-8-09; 8:45 am]
BILLING CODE 8010-01-P
