Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the BOX Fee Schedule To Remove Three Classes From the Liquidity Make or Take Pricing Structure, 32996-32997 [E9-16183]
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32996
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–ISE–2009–37 on the subject
line.
Paper Comments
[Release No. 34–60221; File No. SR–BX–
2009–033]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Liquidity Make or Take Pricing
Structure on BOX, as described in
Section 7 of the BOX Fee Schedule,
currently applies to all classes
participating in the Penny Pilot, as
referenced in Chapter V, Section 33 of
the BOX Rules. The Exchange proposes
All submissions should refer to File
to remove the following three (3) classes
Number SR–ISE–2009–37. This file
from the Liquidity Make or Take Pricing
July 1, 2009.
number should be included on the
Structure: (1) Standard & Poor’s
subject line if e-mail is used. To help the
Pursuant to Section 19(b)(1) of the
Depositary Receipts® (SPY); (2)
Commission process and review your
Securities Exchange Act of 1934
Powershares® QQQ Trust Series 1
comments more efficiently, please use
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
(QQQQ); and (3) iShares Russell 2000®
only one method. The Commission will notice is hereby given that on June 26,
Index Fund (IWM).
post all comments on the Commission’s 2009, NASDAQ OMX BX, Inc. (the
The Exchange also proposes to
Internet Web site (https://www.sec.gov/
‘‘Exchange’’) filed with the Securities
remove references and pricing from the
rules/sro.shtml). Copies of the
and Exchange Commission
Fee Schedule pertaining to ‘Tier 2’
submission, all subsequent
(‘‘Commission’’) the proposed rule
Penny Pilot Classes, as these three (3)
amendments, all written statements
change as described in Items I and II and classes currently make up the entirety of
with respect to the proposed rule
III below, which Items have been
Tier 2. However, the Exchange is
change that are filed with the
prepared by the Exchange. The
leaving references to ‘Tier 1’ Penny Pilot
Commission, and all written
Commission is publishing this notice to classes in the BOX Fee Schedule should
communications relating to the
solicit comments on the proposed rule
it choose to designate classes as other
proposed rule change between the
than Tier 1 in the future.
from interested persons.
Commission and any person, other than
The Exchange believes that this
I. Self-Regulatory Organization’s
those that may be withheld from the
proposed fee change will align its
Statement of the Terms of Substance of
public in accordance with the
pricing so as to better compete with
the Proposed Rule Change
provisions of 5 U.S.C. 552, will be
other exchanges in these classes. If
available for inspection and copying in
approved,3 the Liquidity Make or Take
NASDAQ OMX BX, Inc. (the
the Commission’s Public Reference
‘‘Exchange’’) proposes to amend the Fee Pricing Structure will no longer apply to
Room, 100 F Street, NE., Washington,
the three (3) classes listed above and
Schedule of the Boston Options
DC 20549, on official business days
Exchange Group, LLC (‘‘BOX’’). The text instead standard execution fees will be
between the hours of 10 a.m. and 3 p.m.
of the proposed rule change is available applied.
Copies of such filing also will be
The Exchange is proposing that these
from the principal office of the
available for inspection and copying at
changes become effective on July 1,
Exchange, at the Commission’s Public
the principal office of the Exchange. All
2009. In conjunction with this proposal,
Reference Room and also on the
comments received will be posted
the Exchange proposes to issue a
Exchange’s Internet Web site at https://
Regulatory Circular explicitly listing the
without change; the Commission does
nasdaqomxbx.cchwallstreet.com/
classes being removed from the
not edit personal identifying
NASDAQOMXBX/Filings/.
Liquidity Make or Take Pricing
information from submissions. You
Structure and the resulting changes to
should submit only information that
II. Self-Regulatory Organization’s
the fees for transactions in these classes.
you wish to make available publicly. All Statement of the Purpose of, and
submissions should refer to File No.
Statutory Basis for, the Proposed Rule
2. Basis
SR–ISE–2009–37 and should be
Change
The Exchange believes that the
submitted on or before July 30, 2009.
proposal is consistent with the
In its filing with the Commission, the
For the Commission, by the Division of
requirements of Section 6(b) of the Act,4
Exchange included statements
Trading and Markets, pursuant to delegated
in general, and Section 6(b)(4) of the
concerning the purpose of, and basis for,
authority.13
the proposed rule change and discussed Act,5 in particular, in that it provides for
Elizabeth M. Murphy,
the equitable allocation of reasonable
any comments it received on the
Secretary.
dues, fees, and other charges among its
proposed rule change. The text of these
members and issuers and other persons
[FR Doc. E9–16184 Filed 7–8–09; 8:45 am]
statements may be examined at the
using its facilities. In particular, the
BILLING CODE 8010–01–P
places specified in Item IV below. The
proposed rule change will apply fees
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
3 The Commission notes that this proposed rule
the most significant aspects of such
change was submitted pursuant to Section
statements.
19(b)(3)(A)(ii) of the Act and was, therefore,
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington DC
20549–1090.
rmajette on DSK29S0YB1 with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend the
BOX Fee Schedule To Remove Three
Classes From the Liquidity Make or
Take Pricing Structure
1 15
13 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
15:49 Jul 08, 2009
2 17
Jkt 217001
PO 00000
effective upon filing. The Commission does not
approve proposed rule changes submitted pursuant
to this section of the Act.
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(4).
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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E:\FR\FM\09JYN1.SGM
09JYN1
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
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.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act 6 and
Rule 19b–4(f)(2) thereunder,7 because it
establishes or changes a due, fee, or
other charge applicable only to a
member.
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.
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–
2009–033 and should be submitted on
or before July 30, 2009.
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.8
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–16183 Filed 7–8–09; 8:45 am]
BILLING CODE 8010–01–P
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–2009–033 on the
subject line.
[Release No. 34–60214; File No. SR–BATS–
2009–021]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
July 1, 2009.
Paper Comments
rmajette on DSK29S0YB1 with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
• 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–2009–033. This file
number should be included on the
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, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. BATS has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. 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 modify its
fee schedule applicable to use of the
Exchange. While changes to the fee
schedule pursuant to this proposal will
be effective upon filing, the changes will
become operative on July 1, 2009.
The text of the proposed rule change
is available at the Exchange’s Web site
at https://www.batstrading.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
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify its
fee schedule applicable to use of the
Exchange effective July 1, 2009, in order
to change the fee charged by the
Exchange for its ‘‘CYCLE’’ and
‘‘RECYCLE’’ routing strategies from
$0.0025 per share to $0.0026 per share.
To be consistent with this change, the
Exchange proposes to charge 0.26%,
rather than 0.25%, of the total dollar
value of the execution for any security
(all Tapes) priced under $1.00 per share
8 17
6 15
U.S.C. 78s(b)(3)(A)(ii).
7 17 CFR 240.19b–4(f)(2).
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15:49 Jul 08, 2009
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U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
09JYN1
]]>Agencies
[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32996-32997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16183]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60221; File No. SR-BX-2009-033]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
BOX Fee Schedule To Remove Three Classes From the Liquidity Make or
Take Pricing Structure
July 1, 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 and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to amend 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 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
The Liquidity Make or Take Pricing Structure on BOX, as described
in Section 7 of the BOX Fee Schedule, currently applies to all classes
participating in the Penny Pilot, as referenced in Chapter V, Section
33 of the BOX Rules. The Exchange proposes to remove the following
three (3) classes from the Liquidity Make or Take Pricing Structure:
(1) Standard & Poor's Depositary Receipts[supreg] (SPY); (2)
Powershares[supreg] QQQ Trust Series 1 (QQQQ); and (3) iShares Russell
2000[supreg] Index Fund (IWM).
The Exchange also proposes to remove references and pricing from
the Fee Schedule pertaining to `Tier 2' Penny Pilot Classes, as these
three (3) classes currently make up the entirety of Tier 2. However,
the Exchange is leaving references to `Tier 1' Penny Pilot classes in
the BOX Fee Schedule should it choose to designate classes as other
than Tier 1 in the future.
The Exchange believes that this proposed fee change will align its
pricing so as to better compete with other exchanges in these classes.
If approved,\3\ the Liquidity Make or Take Pricing Structure will no
longer apply to the three (3) classes listed above and instead standard
execution fees will be applied.
---------------------------------------------------------------------------
\3\ The Commission notes that this proposed rule change was
submitted pursuant to Section 19(b)(3)(A)(ii) of the Act and was,
therefore, effective upon filing. The Commission does not approve
proposed rule changes submitted pursuant to this section of the Act.
---------------------------------------------------------------------------
The Exchange is proposing that these changes become effective on
July 1, 2009. In conjunction with this proposal, the Exchange proposes
to issue a Regulatory Circular explicitly listing the classes being
removed from the Liquidity Make or Take Pricing Structure and the
resulting changes to the fees for transactions in these classes.
2. Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities. In
particular, the proposed rule change will apply fees
[[Page 32997]]
more appropriate for the level of liquidity in the specific classes.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
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. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(ii).
\7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-2009-033 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-2009-033. 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-
2009-033 and should be submitted on or before July 30, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16183 Filed 7-8-09; 8:45 am]
BILLING CODE 8010-01-P
