Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Amend the Fee Schedule of the Boston Options Exchange Facility, 32212-32214 [E9-16036]
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
volume above 5,000 contracts. Contracts
at or under the threshold are charged
the constituent’s prescribed execution
fee. This waiver is for both Public
Customer orders and Firm Proprietary
orders. ISE adopted this fee incentive,
on a pilot basis, to encourage members
to execute large-sized FX options orders
on the Exchange. The current pilot
program is set to expire on June 30,
2009.3 The Exchange now proposes to
extend this fee waiver through June 30,
2010 in a continuing effort to attract
more activity in its FX options.
2. Statutory Basis
The basis under the Securities
Exchange Act of 1934 (the ‘‘Exchange
Act’’) for this proposed rule change is
the requirement under Section 6(b)(4)
that an exchange have an equitable
allocation of reasonable dues, fees and
other charges among its members and
other persons using its facilities. In
particular, the Exchange believes
calculating the fee on a per symbol basis
is necessary to allow the Exchange to
target cancellations that do not have a
valid justification.
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
Because the foregoing rule change
establishes or changes a due, fee, or
other charge imposed by the Exchange,
it has become effective pursuant to
Section 19(b)(3)(A) of the Act 4 and
subparagraph (f)(2) of Rule 19b–4 5
thereunder. 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,
3 Id.
4 15
5 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
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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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–15903 Filed 7–6–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–60198; File No. SR–BX–
2009–034]
• 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–2009–42 on the subject
line.
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Order Granting Accelerated
Approval of Proposed Rule Change To
Amend the Fee Schedule of the Boston
Options Exchange Facility
Paper Comments
June 30, 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 26,
2009, NASDAQ OMX BX, Inc. (the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
All submissions should refer to File
(‘‘Commission’’) the proposed rule
Number SR–ISE–2009–42. This file
change as described in Items I and II
number should be included on the
below, which Items have been prepared
subject line if e-mail is used. To help the by the self-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 from interested persons and approves
post all comments on the Commission’s the proposal on an accelerated basis.
Internet Web site (https://www.sec.gov/
I. Self-Regulatory Organization’s
rules/sro.shtml). Copies of the
Statement of the Terms of Substance of
submission, all subsequent
the Proposed Rule Change
amendments, all written statements
The Exchange is proposing an
with respect to the proposed rule
amendment to the Fee Schedule of the
change that are filed with the
Boston Options Exchange Group, LLC
Commission, and all written
(‘‘BOX’’). The text of the proposed rule
communications relating to the
change is available from the principal
proposed rule change between the
Commission and any person, other than office of the Exchange, at the
Commission’s Public Reference Room
those that may be withheld from the
and also on the Exchange’s Internet Web
public in accordance with the
site at https://
provisions of 5 U.S.C. 552, will be
nasdaqomxbx.cchwallstreet.com/
available for inspection and copying in
NASDAQOMXBX/Filings/.
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
II. Self-Regulatory Organization’s
DC 20549, on official business days
Statement of the Purpose of, and
between the hours of 10 a.m. and 3 p.m. Statutory Basis for, the Proposed Rule
Copies of the filing also will be available Change
for inspection and copying at the
In its filing with the Commission, the
principal office of ISE. All comments
received will be posted without change; self-regulatory organization included
statements concerning the purpose of,
the Commission does not edit personal
and basis for, the proposed rule change
identifying information from
and discussed any comments it received
submissions.
on the proposed rule change. The text
You should submit only information
of these statements may be examined at
that you wish to make available
the places specified in Item IV below.
publicly. All submissions should refer
to File Number SR–ISE–2009–42 and
6 17 CFR 200.30–3(a)(12).
should be submitted on or before July
1 15 U.S.C. 78s(b)(1).
28, 2009.
2 17 CFR 240.19b–4.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
PO 00000
Frm 00109
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
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
Executions on BOX resulting from
orders sent via the InterMarket Linkage
System (‘‘Linkage Orders’’) are currently
subject to the same billing treatment as
other executions on BOX. This includes
either ‘standard billing’ or The Liquidity
Make or Take Pricing Structure, as
described in Section 7 of the BOX Fee
Schedule, depending upon the
particular options class.
The Exchange recently submitted a
proposed rule change 3 with the
Commission which removed the
following three (3) classes from the
Liquidity Make or Take Pricing
Structure: (1) Standard & Poor’s
Depositary Receipts® (SPY); (2)
Powershares® QQQ Trust Series 1
(QQQQ); and (3) iShares Russell 2000®
Index Fund (IWM). Instead ‘standard’
transaction fees shall apply. Currently,
transactions in these three classes are
charged the Take fee of $0.30. Under the
new standard fees all executions for
Market Makers or Firms will be charged
$0.20 and there will be no fees for
Public Customer executions.4
In conjunction with the above
referenced rule change the Exchange is
now proposing to remove the
application of Liquidity Make or Take
Pricing from Linkage Orders in these
three classes sent to and executed on
BOX. Standard Linkage Fees shall
instead apply to transactions in these
three classes.
2. Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,5
in general, and Section 6(b)(4) of the
Act,6 in particular, in that it provides for
the equitable allocation of reasonable
dues, fees, and other charges among its
members and issuers and other persons
using its facilities for the purpose of
executing Linkage Orders that are
routed to BOX from other market
centers. These three particular classes
are some of the most liquid and actively
3 See
SR–BX–2009–033.
$0.15 fee per executed contract of an
Improvement Order for a Public Customer that is
not submitted as a Customer Price Improvement
Period Order (‘‘CPO’’) for a Price Improvement
Period (‘‘PIP’’) auction—(‘‘non-CPO’’) will remain.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(4).
4 The
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traded multiply-listed options classes so
there is no need to entice liquidity by
using the Make or Take pricing
structure. The proposed rule change
will apply fees more appropriate for the
level of liquidity in the specific classes.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition 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 neither solicited
nor received comments on the proposed
rule change.
32213
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of the filing will also be available
for inspection and copying at the
principal office of the self-regulatory
organization. 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–BX–
2009–034 and should be submitted on
or before July 29, 2009.
IV. Commission’s Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
After careful consideration, the
Commission finds that the proposed
rule change is consistent with the
Interested persons are invited to
requirements of the Act and the rules
submit written data, views, and
and regulations thereunder applicable to
arguments concerning the foregoing,
a national securities exchange 7 and, in
including whether the proposed rule
particular, with the requirements of
change is consistent with the Act.
Section 6(b) of the Act.8 Specifically,
Comments may be submitted by any of
the Commission finds that the
the following methods:
Exchange’s proposal is consistent with
Electronic Comments
Section 6(b)(4) of the Act,9 which
requires that the rules of the Exchange
• Use the Commission’s Internet
provide for the equitable allocation of
comment form (https://www.sec.gov/
reasonable dues, fees, and other charges
rules/sro.shtml); or
• Send an e-mail to ruleamong its members and other persons
comments@sec.gov. Please include File
using its facilities.
Number SR–BX–2009–034 on the
The Exchange requests that the
subject line.
Commission approve the proposed rule
change on an accelerated basis pursuant
Paper Comments
to Section 19(b)(2) of the Act.10 The
• Send paper comments in triplicate
Commission finds good cause, pursuant
to Elizabeth M. Murphy, Secretary,
to Section 19(b)(2)(B) of the Act,11 for
Securities and Exchange Commission,
approving the proposed rule change
100 F Street, NE., Washington, DC
prior to the 30th day after the date of
20549–1090.
publication of the notice of the filing
All submissions should refer to File
thereof in the Federal Register. An
Number SR–BX–2009–034. This file
accelerated approval will allow the
number should be included on the
Exchange to immediately implement a
subject line if e-mail is used. To help the
lower fee for market participants
Commission process and review your
executing certain Linkage Orders on the
comments more efficiently, please use
Exchange.
only one method. The Commission will
post all comments on the Commission’s V. Conclusion
Internet Web site (https://www.sec.gov/
It is therefore ordered, pursuant to
rules/sro.shtml). Copies of the
Section 19(b)(2) of the Act 12 that the
submission, all subsequent
proposed rule change (SR–BX–2009–
amendments, all written statements
034), is hereby approved on an
with respect to the proposed rule
accelerated basis.
change that are filed with the
Commission, and all written
7 In approving this rule, the Commission notes
communications relating to the
that it has considered its impact on efficiency,
proposed rule change between the
competition, and capital formation. 15 U.S.C. 78c(f).
Commission and any person, other than
8 15 U.S.C. 78f(b).
those that may be withheld from the
9 15 U.S.C. 78f(b)(4).
public in accordance with the
10 15 U.S.C. 78s(b)(2).
11 15 U.S.C. 78s(b)(2)(B).
provisions of 5 U.S.C. 552, will be
12 15 U.S.C. 78s(b)(2).
available for inspection and copying in
III. Solicitation of Comments
PO 00000
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32214
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–16036 Filed 7–6–09; 8:45 am]
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant parts of such
statements.
BILLING CODE 8010–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
1. Purpose
[Release No. 34–60206; File No. SR–
NYSEAmex–2009–34]
The purpose of this proposed rule
change is to extend the pilot program
establishing an NYSE Amex fee for
Principal (‘‘P’’) Orders and Principal
Acting as Agent (‘‘P/A’’) Orders
executed through Linkage. The fee
currently is effective for a pilot program
set to expire on July 31, 2009, and this
filing would extend the fee through
December 31, 2009. The fee that NYSE
Amex charges for P and P/A orders is
the basic execution fee for trading on
NYSE Amex. This is the same fee that
all NYSE Amex Option Trading Permit
Holders pay for non-customer
transactions executed on the Exchange.
The Exchange does not charge for the
execution of Satisfaction Orders sent
through Linkage and is not proposing to
charge for such orders. The Exchange is
making no substantive changes to the
operation of the pilot program, other
than extending the pilot program
through December 31, 2009.
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Schedule of
Fees and Charges for Exchange
Services
July 1, 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 29,
2009, the NYSE Amex LLC (‘‘NYSE
Amex’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘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 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 its
Schedule of Fees and Charges for
Exchange Services in order to extend
until December 31, 2009 the current
pilot program regarding transaction fees
charged for trades executed through the
intermarket options linkage (‘‘Linkage’’).
The text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room
and https://www.nyse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, 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 those
statements may be examined at the
places specified in Item IV below. The
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act,3 in general, and with
Section 6(b)(4) 4 of the Act 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 for the purpose of executing P
and P/A orders through Linkage.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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14:45 Jul 06, 2009
3 15
4 15
Jkt 217001
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
Frm 00111
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (i) Does not significantly affect
the protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, if
consistent with the protection of
investors and the public interest, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 5 and Rule 19b–
4(f)(6) thereunder.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 rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2009–34 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–NYSEAmex–2009–34. 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
5 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the self-regulatory organization
to 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. The
Exchange has satisfied this requirement.
6 17
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]]>Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32212-32214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16036]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60198; File No. SR-BX-2009-034]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Order Granting Accelerated Approval of Proposed Rule Change
To Amend the Fee Schedule of the Boston Options Exchange Facility
June 30, 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 26, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule from
interested persons and approves the proposal on an accelerated basis.
---------------------------------------------------------------------------
\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 an amendment to the Fee Schedule of the
Boston Options Exchange Group, LLC (``BOX''). 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://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.
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.
[[Page 32213]]
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
Executions on BOX resulting from orders sent via the InterMarket
Linkage System (``Linkage Orders'') are currently subject to the same
billing treatment as other executions on BOX. This includes either
`standard billing' or The Liquidity Make or Take Pricing Structure, as
described in Section 7 of the BOX Fee Schedule, depending upon the
particular options class.
The Exchange recently submitted a proposed rule change \3\ with the
Commission which removed the following three (3) classes from the
Liquidity Make or Take Pricing Structure: (1) Standard & Poor's
Depositary Receipts[reg] (SPY); (2) Powershares[supreg] QQQ Trust
Series 1 (QQQQ); and (3) iShares Russell 2000[reg] Index Fund (IWM).
Instead `standard' transaction fees shall apply. Currently,
transactions in these three classes are charged the Take fee of $0.30.
Under the new standard fees all executions for Market Makers or Firms
will be charged $0.20 and there will be no fees for Public Customer
executions.\4\
---------------------------------------------------------------------------
\3\ See SR-BX-2009-033.
\4\ The $0.15 fee per executed contract of an Improvement Order
for a Public Customer that is not submitted as a Customer Price
Improvement Period Order (``CPO'') for a Price Improvement Period
(``PIP'') auction--(``non-CPO'') will remain.
---------------------------------------------------------------------------
In conjunction with the above referenced rule change the Exchange
is now proposing to remove the application of Liquidity Make or Take
Pricing from Linkage Orders in these three classes sent to and executed
on BOX. Standard Linkage Fees shall instead apply to transactions in
these three classes.
2. Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\5\ in general, and Section
6(b)(4) of the Act,\6\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities for the
purpose of executing Linkage Orders that are routed to BOX from other
market centers. These three particular classes are some of the most
liquid and actively traded multiply-listed options classes so there is
no need to entice liquidity by using the Make or Take pricing
structure. The proposed rule change will apply fees more appropriate
for the level of liquidity in the specific classes.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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
impose any burden on competition 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 neither solicited nor received comments on the
proposed rule change.
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 rule-comments@sec.gov. Please include
File Number SR-BX-2009-034 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-2009-034. 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 the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-BX-
2009-034 and should be submitted on or before July 29, 2009.
IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change
After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \7\ and, in particular, with the requirements of Section 6(b)
of the Act.\8\ Specifically, the Commission finds that the Exchange's
proposal is consistent with Section 6(b)(4) of the Act,\9\ which
requires that the rules of the Exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities.
---------------------------------------------------------------------------
\7\ In approving this rule, the Commission notes that it has
considered its impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange requests that the Commission approve the proposed rule
change on an accelerated basis pursuant to Section 19(b)(2) of the
Act.\10\ The Commission finds good cause, pursuant to Section
19(b)(2)(B) of the Act,\11\ for approving the proposed rule change
prior to the 30th day after the date of publication of the notice of
the filing thereof in the Federal Register. An accelerated approval
will allow the Exchange to immediately implement a lower fee for market
participants executing certain Linkage Orders on the Exchange.
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\10\ 15 U.S.C. 78s(b)(2).
\11\ 15 U.S.C. 78s(b)(2)(B).
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V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\12\ that the proposed rule change (SR-BX-2009-034), is hereby approved
on an accelerated basis.
[[Page 32214]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\12\ 15 U.S.C. 78s(b)(2).
\13\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16036 Filed 7-6-09; 8:45 am]
BILLING CODE 8010-01-P
