Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish a Flash and Cancel Order, 31334-31336 [E9-15351]
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31334
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
previous day’s closing price of the
underlying security at the time of initial
listing. Subsequently, the Exchange may
list up to 60 additional strike prices that
are within thirty percent (30%) of the
previous day’s close, or more than 30%
away from the previous day’s close
provided demonstrated customer
interest exists for such series.5
The Exchange has also adopted a
delisting policy with respect to QOS in
ETF options.6 On a monthly basis, the
Exchange reviews series that are outside
a range of five (5) strikes above and five
(5) strikes below the current price of the
underlying ETF, and delists series with
no open interest in both the put and the
call series having either: (i) A strike
price higher than the highest strike price
with open interest in the put and/or call
series for a given expiration month; or
(ii) a strike price lower than the lowest
strike price with open interest in the put
and/or call series for a given expiration
month. Notwithstanding the foregoing,
the delisting policy also provides that
customer requests to add strikes and/or
maintain strikes in QOS in ETF options
in series eligible for delisting shall be
granted by the Exchange.
The Exchange also may list Quarterly
Option Series based on an underlying
index pursuant to similar provisions in
Rule 24.9. There are two noteworthy
distinctions between the rules for listing
QOS based on an ETF versus QOS based
on an index. First, whereas the initial
listing of QOS based on an underlying
ETF is restricted to strike prices within
$5 from the previous day’s closing price
of the underlying security, the initial
listing of strikes for QOS based on an
underlying index is restricted to: (i) A
price that is within thirty percent (30%)
of the previous day’s close, and (ii) no
more than five strikes above and five
strikes below the value of the
underlying index. Second, whereas the
Exchange may list up to 60 additional
strike prices for each QOS based on an
ETF, there is no firm cap on the
additional listing of strikes for QOS
based on an underlying index; rather,
additional strike prices may be listed
provided the new listings do not result
in more than five strike prices on the
same side of the underlying index value
as the new listings. To date, the
Exchange has not listed any Quarterly
sroberts on PROD1PC70 with NOTICES6
5 ‘‘Demonstrated
customer interest’’ includes
interest expressed by institutional, corporate or
individual customers or their brokers. MarketMakers trading for their own account may not be
considered when determining customer interest
under this provision.
6 See Securities Exchange Act Release No. 57410
(March 3, 2008), 73 FR 12483 (March 7, 2008) (SR–
CBOE–2007–96).
VerDate Nov<24>2008
19:55 Jun 29, 2009
Jkt 217001
Option Series based on an underlying
index.
In support of its proposal to
permanently establish the QOS
Program, and as required by the terms
of the Pilot Program,7 the Exchange
submitted to the Commission a report
detailing the Exchange’s experience
with the QOS Program (the ‘‘Report’’).8
In addition to the Report, the Exchange
represented that it has not experienced
any capacity-related problems with
respect to Quarterly Option Series, and
that it has the necessary systems
capacity to continue to support the
option series listed under the QOS
Program. Finally, the Exchange stated
its belief that there is sufficient investor
interest in, and demand for, the QOS
Program to warrant its permanent
approval.
After careful review, the Commission
finds that the proposal is consistent
with the Act and the rules and
regulations thereunder applicable to a
national securities exchange,9 and, in
particular, the requirements of Section
6(b)(5) of the Act,10 which requires,
among other things, that the rules of a
national securities exchange be
designed 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.
The Commission finds that the QOS
Program, as evidenced by the Report,
has furthered the public interest by
offering investors an alternative means
of managing their risk exposures and
carrying out their investment objectives.
The Commission notes CBOE’s
representation that there is sufficient
investor interest in the QOS Program to
warrant its permanent approval. The
Commission further notes CBOE’s
representations that it has not
experienced any capacity-related
problems with respect to Quarterly
Option Series, and that the Exchange
has the necessary system capacity to
continue to support the option series
listed under the QOS Program.
Accordingly, the Commission finds that
the proposed QOS Program strikes a
reasonable balance between the
Exchange’s desire to offer a wider array
of investment opportunities and the
need to avoid the unnecessary
7 See Securities Exchange Act Release No. 54123,
supra note 4.
8 The Report was submitted under separate cover
and seeks confidential treatment under the Freedom
of Information Act.
9 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
10 15 U.S.C. 78f(b)(5).
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Fmt 4703
Sfmt 4703
proliferation of option series that could
compromise systems capacity. The
Commission expects CBOE to continue
to monitor the trading and quotation
volume associated with the QOS
Program, and the effect the QOS
Program has on the capacity of the
Exchange’s, OPRA’s, and vendors’
systems. In addition, the Commission
expects the Exchange, consistent with
its QOS delisting policy, to continue to
monitor for option series with little or
no open interest and trading activity
and to act promptly to delist such
options in order to mitigate the number
of options series with no open interest.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–CBOE–2009–
029) be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–15350 Filed 6–29–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60165; File No. SR–BX–
2009–029]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Establish a
Flash and Cancel Order
June 23, 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 June 17,
2009, NASDAQ OMX BX, Inc. (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 the Exchange. The
Exchange has designated the proposed
rule change, as amended, as constituting
a rule change under Rule 19b–4(f)(6)
under the Act,3 which renders the
proposal effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\30JNN1.SGM
30JNN1
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes a rule change
to establish a Flash and Cancel order.
The Exchange has filed this proposal
under Exchange Act Rule 19b–4(f)(6) 4
and, as such, the proposal is
immediately effective.
The text of the proposed rule change
is available from the principal office of
the Exchange, at the Commission’s
Public Reference Room and also on the
Exchange’s Internet Web site at https://
nasdaqtrader.com/
Trader.aspx?id=Boston_
Stock_Exchange.
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
Exchange 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
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
sroberts on PROD1PC70 with NOTICES6
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Nasdaq OMX BX is proposing to
establish a new voluntary Flash and
Cancel Order type. A Flash and Cancel
Order will provide an optional precancellation display period for market
and marketable limit orders so
designated. Under the proposal, market
and marketable limit orders designated
as Flash and Cancel Orders will, after
first executing to the maximum extent
possible in Nasdaq OMX BX’s book,
have their unexecuted portions
displayed for potential execution at the
NBBO such that a trade-through will not
occur, to Nasdaq OMX BX market
participants and market data vendors for
a period of time determined by Nasdaq
OMX BX which will not exceed one-half
of one second. If any unfilled balance
remains after such display, such
marketable unfilled balance shall be
cancelled back to the entering party, and
such non-marketable unfilled balance
shall be placed on the book for potential
execution. As with other Nasdaq OMX
BX order types, the attributes of the
4 17
CFR 240.19b–4(f)(6).
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19:55 Jun 29, 2009
Jkt 217001
Flash and Cancel Order may be
combined with all Nasdaq OMX BX
order types. Nasdaq OMX BX will
provide an electronic method to
distinguish the Flash Order during the
flash period from the System’s protected
quote under Regulation NMS.
Nasdaq OMX BX notes that flash and
cancel order functionality is already in
use by other markets that such
functionality can be expected to provide
Nasdaq OMX BX system users with
greater control over their trading. Except
for the behavior of the Flash and Cancel
Order described here, nothing in the
proposal will modify or alter any
existing rule or process related to order
priority, order execution, trade-through
protection or locked or crossed markets.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and with Section 6(b)(5) of
the Act,6 in particular, in that the
proposal 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 regulating, clearing, settling,
processing information with respect to,
and 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.
Nasdaq OMX BX notes that similar
functionality has already been found to
be consistent with the Act by the
Commission.7
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 on the proposed
rule change were neither solicited nor
received.
5 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
7 Securities Exchange Act Release No. 54422
(September 11, 2006), 71 FR 54537 (September 15,
2006) (SR–CBOE–2004–21); Securities Exchange
Act Release No. 59359 (February 4, 2009), 74 FR
6927 (February 11, 2009) (SR–CBOE–2008–123).
6 15
PO 00000
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Fmt 4703
Sfmt 4703
31335
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 any 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 8 and Rule 19b–
4(f)(6) 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.
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–BX–2009–029 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–2009–029. 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
8 15
9 17
E:\FR\FM\30JNN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
30JNN1
31336
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices
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 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 publicly available. All
submissions should refer to File
Number SR–BX–2009–029 and should
be submitted on or before July 21, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–15351 Filed 6–29–09; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice: 6679]
Notice of Request for Public Comment
and Submission to OMB of Proposed
Collection of Information
sroberts on PROD1PC70 with NOTICES6
Title: 30-Day Notice of Proposed
Information Collection: DS–3077,
Request for Entry into Children’s
Passport Issuance Alert Program, OMB
1405–0169.
ACTION: Notice of request for public
comment and submission to OMB of
proposed collection of information.
SUMMARY: The Department of State has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
approval in accordance with the
Paperwork Reduction Act of 1995.
• Title of Information Collection:
Request for Entry into Children’s
Passport Issuance Alert Program.
• OMB Control Number: 1405–0169.
• Type of Request: Revision.
• Originating Office: CA/OCS/PRI.
• Form Number: DS–3077.
• Respondents: Concerned parents or
their agents, institutions, or courts.
• Estimated Number of Respondents:
4,420.
• Estimated Number of Responses:
4,420.
• Average Hours Per Response: 30
minutes.
10 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
19:55 Jun 29, 2009
Jkt 217001
• Total Estimated Burden: 2,210 hrs.
• Frequency: On occasion.
• Obligation to Respond: Voluntary.
DATES: Submit comments to the Office
of Management and Budget (OMB) for
up to 30 days from June 30, 2009.
ADDRESSES: Direct comments and
questions to Katherine Astrich, the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB), who may be reached at
202–395–4718. You may submit
comments by any of the following
methods:
• E-mail: kastrich@omb.eop.gov. You
must include the DS form number,
information collection title, and OMB
control number in the subject line of
your message.
• Mail (paper, disk, or CD–ROM
submissions): Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
• Fax: 202–395–5806.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the proposed
information collection and supporting
documents from Derek A Rivers, Bureau
of Consular Affairs, Overseas Citizens
Services (CA/OCS/PRI), U.S.
Department of State, SA–29, 4th Floor,
Washington, DC 20520, who may be
reached on (202) 736–9082 or
ASKPRI@state.gov.
We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary to
properly perform our functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond.
SUPPLEMENTARY INFORMATION:
Abstract of Proposed Collection
The information requested will be
used to support entry of a minor’s (an
unmarried person under 18) name into
the Children’s Passport Issuance Alert
Program (CPIAP). CPIAP provides a
mechanism for parents or other persons
with legal custody of a minor to obtain
information regarding whether the
Department has received a passport
application for the minor. This program
was developed as a means to prevent
international abduction of a minor or to
help prevent other travel of a minor
without the consent of a parent or legal
guardian. If a minor’s name and other
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
identifying information has been
entered into the CPIAP, when the
Department receives an application for
a new, replacement, or renewed
passport for the minor, the application
will be placed on hold for up to 60 days
and Passport Services will attempt to
notify the requestor of receipt of the
application. Form DS–3077 will be
primarily submitted by a parent or legal
guardian of a minor.
Methodology
The completed form DS–3077 may be
submitted to Passport Services by email, fax, or mail.
Dated: June 18, 2009.
Mary Ellen Hickey,
Managing Director, Bureau of Consular
Affairs, Department of State.
[FR Doc. E9–15440 Filed 6–29–09; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Hunterdon County, NJ
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Cancellation of the notice of
intent.
SUMMARY: This notice rescinds the
previous Notice of Intent (NOI)
published on November 24, 2006 (71 FR
67955) to prepare an Environmental
Impact Statement (EIS) for a proposed
South Branch Parkway project in
Hunterdon County, New Jersey.
FOR FURTHER INFORMATION CONTACT:
Roger S. Lall, Director of Engineering,
Federal Highway Administration, New
Jersey Division Office, 840 Bear Tavern
Road, Suite 310, West Trenton, New
Jersey 08628; Telephone: (609) 637–
4200 or Elkins Green, Director, Division
of Environmental Resources, New Jersey
Department of Transportation, 1035
Parkway Avenue, Trenton, New Jersey
08625; Telephone: (609) 530–8075.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the New
Jersey Department of Transportation
(NJDOT), is rescinding the NOI to
prepare an EIS for a project that had
been proposed to construct the South
Branch Parkway in Raritan Township,
Hunterdon County, New Jersey, Federal
Project No. HPP–0037(130).
The proposed action included the
construction of a limited access
highway on new location for a distance
of approximately 3.7 miles; extending
from a proposed intersection at
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31334-31336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15351]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60165; File No. SR-BX-2009-029]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Establish
a Flash and Cancel Order
June 23, 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 June 17, 2009, NASDAQ OMX BX, Inc. (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 the Exchange. The Exchange has designated the proposed
rule change, as amended, as constituting a rule change under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
[[Page 31335]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes a rule change to establish a Flash and Cancel
order. The Exchange has filed this proposal under Exchange Act Rule
19b-4(f)(6) \4\ and, as such, the proposal is immediately effective.
---------------------------------------------------------------------------
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at https://nasdaqtrader.com/Trader.aspx?id=Boston_Stock_Exchange.
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 Exchange 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 Exchange 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
Nasdaq OMX BX is proposing to establish a new voluntary Flash and
Cancel Order type. A Flash and Cancel Order will provide an optional
pre-cancellation display period for market and marketable limit orders
so designated. Under the proposal, market and marketable limit orders
designated as Flash and Cancel Orders will, after first executing to
the maximum extent possible in Nasdaq OMX BX's book, have their
unexecuted portions displayed for potential execution at the NBBO such
that a trade-through will not occur, to Nasdaq OMX BX market
participants and market data vendors for a period of time determined by
Nasdaq OMX BX which will not exceed one-half of one second. If any
unfilled balance remains after such display, such marketable unfilled
balance shall be cancelled back to the entering party, and such non-
marketable unfilled balance shall be placed on the book for potential
execution. As with other Nasdaq OMX BX order types, the attributes of
the Flash and Cancel Order may be combined with all Nasdaq OMX BX order
types. Nasdaq OMX BX will provide an electronic method to distinguish
the Flash Order during the flash period from the System's protected
quote under Regulation NMS.
Nasdaq OMX BX notes that flash and cancel order functionality is
already in use by other markets that such functionality can be expected
to provide Nasdaq OMX BX system users with greater control over their
trading. Except for the behavior of the Flash and Cancel Order
described here, nothing in the proposal will modify or alter any
existing rule or process related to order priority, order execution,
trade-through protection or locked or crossed markets.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Section 6(b)(5) of the Act,\6\ in particular, in that the proposal 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 regulating, clearing,
settling, processing information with respect to, and 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. Nasdaq OMX BX
notes that similar functionality has already been found to be
consistent with the Act by the Commission.\7\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
\7\ Securities Exchange Act Release No. 54422 (September 11,
2006), 71 FR 54537 (September 15, 2006) (SR-CBOE-2004-21);
Securities Exchange Act Release No. 59359 (February 4, 2009), 74 FR
6927 (February 11, 2009) (SR-CBOE-2008-123).
---------------------------------------------------------------------------
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 on the proposed rule change were neither solicited
nor received.
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 any 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 \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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-BX-2009-029 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-2009-029. 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
[[Page 31336]]
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 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 publicly available. All
submissions should refer to File Number SR-BX-2009-029 and should be
submitted on or before July 21, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
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\10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-15351 Filed 6-29-09; 8:45 am]
BILLING CODE 8010-01-P
