Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide an Optional Anti-Internalization Functionality, 34057-34059 [E9-16553]
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Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices
[FR Doc. E9–16351 Filed 7–9–09; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. E9–16598 Filed 7–13–09; 8:45 am]
BILLING CODE 8025–01–P
[Disaster Declaration #11804 and #11805]
Illinois Disaster #IL–00022
SMALL BUSINESS ADMINISTRATION
U.S. Small Business
Administration.
ACTION: Notice.
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
AGENCY:
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Illinois ( FEMA–1850–DR)
, dated 07/02/2009.
Incident: Severe Storms, Flooding,
and Tornadoes.
Incident Period: 05/08/2009 through
05/09/2009.
Effective Date: 07/02/2009.
Physical Loan Application Deadline
Date: 08/31/2009.
Economic Injury (EIDL) Loan
Application Deadline Date: 04/02/2010.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing And
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
07/02/2009, Private Non-Profit
organizations that provide essential
services of governmental nature may file
disaster loan applications at the address
listed above or other locally announced
locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties:
Franklin, Gallatin, Jackson, Randolph,
Saline, Williamson.
The Interest Rates are:
SUMMARY:
mstockstill on DSKH9S0YB1PROD with NOTICES
Percent
Other (Including Non-Profit Organizations) With Credit Available
Elsewhere .................................
Businesses and Non-Profit Organizations Without Credit Available Elsewhere .........................
4.500
4.000
The number assigned to this disaster
for physical damage is 11804B and for
economic injury is 11805B.
VerDate Nov<24>2008
17:50 Jul 13, 2009
Jkt 217001
AGENCY: U.S. Small Business
Administration.
ACTION: Notice of Waiver of the
Nonmanufacturer Rule for 13 Watt
Compact Fluorescent Lamps (CFLs), 26
Watt CFLs, and Occupancy Sensors
Dual Technology.
SUMMARY: The U.S. Small Business
Administration (SBA) is granting a class
waiver of the Nonmanufacturer Rule for
13 Watt CFLs, 26 Watt CFLs, and
Occupancy Sensors Dual Technology.
The basis for the waiver is that no small
businesses manufacturers are supplying
these classes of products to the Federal
government. The effect of a waiver
would be to allow otherwise qualified
small businesses to supply the products
of any manufacturer on a Federal
contract set aside for small businesses,
service-disabled veteran-owned small
businesses, or Participants in SBA’s 8(a)
Business Development (BD) Program.
DATES: The waiver is effective July 29,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Edith G. Butler, by telephone at (202)
619–0422; by FAX at (202) 481–1788; or
by e-mail at edith.butler@sba.gov.
SUPPLEMENTARY INFORMATION: Section
8(a)(17) of the Small Business Act (Act),
and 15 U.S.C. 637(a)(17), require SBA’s
implementing regulations that
recipients of Federal contracts set aside
for small businesses, service-disabled
veteran-owned small businesses, or
Participants in the SBA’s 8(a) BD
Program must provide the product of a
small business manufacturer or
processor, if the recipient is other than
the actual manufacturer or processor of
the product. This requirement is
commonly referred to as the
Nonmanufacturer Rule. The SBA’s
regulations imposing this requirement
are found at 13 CFR 121.406(b),
125.15(c). Section 8(a)(17)(b)(iv) of the
Act authorizes SBA to waive the
Nonmanufacturer Rule for any ‘‘class of
products’’ for which there are no small
business manufacturers or processors
available to participate in the Federal
market.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
34057
In order to be considered available to
participate in the Federal market for a
class of products, a small business
manufacturer must have submitted a
proposal for a contract solicitation or
received a contract from the Federal
government within the last 24 months.
13 CFR 121.1202(1). The SBA defines
‘‘class of products’’ based on the Office
of Management and Budget North
American Industry Classification
System (NAICS). In addition, SBA uses
product service codes to identify
particular products within the NAICS
code to which a waiver would apply.
The SBA received a request on May
13, 2009, to waiver the
Nonmanufacturer Rule for 13 Watt
CFLs, 26 Watt CFLs, and Occupancy
Sensors Dual, North American Industry
Classification System (NAICS) code
335110, product service code 6240. In
response, no small business
manufacturers were identified.
Dated: July 8, 2009.
James A. Gambardella,
Acting Director, Office of Government
Contracting.
[FR Doc. E9–16597 Filed 7–13–09; 8:45 am]
BILLING CODE 8025–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60246; File No. SR–BX–
2009–031]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Provide an
Optional Anti-Internalization
Functionality
July 6, 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 24,
2009, NASDAQ OMX BX, Inc.
(‘‘NASDAQ OMX BX’’ or ‘‘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 NASDAQ OMX BX.
NASDAQ OMX BX filed the proposed
rule change as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6) thereunder,4 which renders
the proposal effective upon filing with
the Commission. The Commission is
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
2 17
E:\FR\FM\14JYN1.SGM
14JYN1
34058
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices
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
NASDAQ OMX BX is filing with the
Commission a proposed rule change to
provide an optional anti-internalization
functionality.
The text of the proposed rule change
is below. Proposed new language is
underlined and proposed deletions are
in brackets.
*
*
*
*
*
4757. Book Processing
System orders shall be executed
through the Book Process set forth
below:
(a) Execution Algorithm–Price/
Time—The System shall execute
equally priced or better priced trading
interest within the System in price/time
priority in the following order:
(1)–(2) No Change.
(3) Exception: Anti-Internalization—
Market participants may direct that
quotes/orders entered into the System
not execute against quotes/orders
entered under the same MPID. In such
a case, the later entered of the quote/
orders will be cancelled back to the
entering party.
(b)–(c) No Change.
*
*
*
*
*
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.
NASDAQ OMX BX has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
mstockstill on DSKH9S0YB1PROD with NOTICES
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
provide a voluntary anti-internalization
function. Under the proposal, market
participants entering quotes/orders
under a specific market participant
identifier (‘‘MPID’’) may voluntarily
direct that they not execute against
other quotes/orders entered into the
System under the same MPID.
VerDate Nov<24>2008
17:50 Jul 13, 2009
Jkt 217001
Under the proposal, the System, if
requested, will not execute quote/orders
entered under the same MPID against
each other. Instead, the System will
execute against all eligible trading
interest of other market participants, in
time-priority, up to the point where it
would interact with a resting order
having the MPID and thereupon
immediately cancel any remaining
portion of the most recently entered of
the two same-MPID quote/orders to its
entering party.
Anti-internalization functionality is
designed to assist market participants in
complying with certain rules and
regulations of the Employee Retirement
Income Security Act (‘‘ERISA’’) that
preclude and/or limit managing brokerdealers of such accounts from trading as
principal with orders generated for
those accounts. It can also assist market
participants in reducing execution fees
potentially resulting from the
interaction of executable buy and sell
trading interest from the same firm.
Nasdaq OMX BX notes that use of the
functionality does not relieve or
otherwise modify the duty of best
execution owed to orders received from
public customers. As such, market
participants using anti-internalization
functionality will need to take
appropriate steps to ensure that public
customer orders that do not execute
because of the use of anti-internalization
functionality ultimately receive the
same execution price (or better) they
would have originally obtained if
execution of the order was not inhibited
by the functionality.
2. Statutory Basis
Nasdaq OMX BX believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and with Sections [sic]
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 previously [sic]
approved for other trading systems.7
PO 00000
5 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
7 See SR–NASD–2003–039.
6 15
Frm 00071
Fmt 4703
Sfmt 4703
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NASDAQ OMX BX 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.
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 after 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–2009–031 on the
subject line.
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with 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 fulfilled this requirement.
9 17
E:\FR\FM\14JYN1.SGM
14JYN1
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices
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–2009–031. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of the NASDAQ
OMX BX. 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–
2009–031 and should be submitted on
or before August 4, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–16553 Filed 7–13–09; 8:45 am]
mstockstill on DSKH9S0YB1PROD with NOTICES
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60258; File No. SR–CHX–
2009–07]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to
Participant Fees and Credits
July 7, 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 29,
2009, the Chicago Stock Exchange, Inc.
(‘‘CHX’’ or ‘‘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. CHX filed the proposal
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(2) thereunder,4
which renders the proposal 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 CHX proposes to amend its
Schedule of Participant Fees and
Assessments (the ‘‘Fee Schedule’’),
effective July 1, 2009, to provide for an
increased rebate for trade executions of
one-sided orders in Tape A and C
securities which execute within the
Exchange’s Matching System. The
Exchange also proposes to delete
obsolete text from the Fee Schedule.
The text of this proposed rule change is
available on the Exchange’s Web site at
https://www.chx.com/rules/
proposed_rules.htm and in the
Commission’s Public Reference Room,
100 F Street, NE., Washington, DC
20549.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
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
Through this filing, the Exchange
would amend its Fee Schedule, effective
July 1, 2009, to provide for an increased
rebate for trade executions of one-sided
orders in Tape A and C securities which
execute within the Exchange’s Matching
System. The Fee Schedule would be
amended to provide for an increased
Rebate of $0.0029 per share in Tape A
and C securities if liquidity was
provided to the Matching System. The
Exchange believes that the increased
rebate will help attract additional orders
to be displayed and executed on our
trading facilities. The Exchange notes
that some of our competitors have
recently raised their provide rebates,
and that our proposed increase will help
us remain competitive with these
entities. While an increase in
transaction volume would not increase
the amount of direct transaction revenue
in Tape A and C securities to the
Exchange (since the provide credit
would equal the take fees), the Exchange
believes that an increase in market data
revenue arising from the execution of
such transactions would provide
additional revenue.
Finally, the Exchange proposes to
make certain minor corrections and
updates to the Fee Schedule. These
corrections and updates include the
deletion of certain obsolete sections of
the Fee Schedule which refer to
Specialist Credits and the Specialist
Fixed Fee. The Exchange discontinued
its Specialist program as part of the
transition to its New Trading Model in
late 2006 and early 2007, and such fees
are no longer being assessed.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act 5 in general, and
furthers the objectives of 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. Among other
things, the change to the fee schedule
would increase the amount of credits
paid to liquidity providers and may
contribute to an increase in trading
volume on the Exchange’s facilities and
2 17
10 17
CFR 200.30–3(a)(12).
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17:50 Jul 13, 2009
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34059
5 15
6 15
E:\FR\FM\14JYN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
14JYN1
]]>Agencies
[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34057-34059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16553]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60246; File No. SR-BX-2009-031]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Provide
an Optional Anti-Internalization Functionality
July 6, 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 24, 2009, NASDAQ OMX BX, Inc. (``NASDAQ OMX BX'' or
``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 NASDAQ OMX BX. NASDAQ OMX
BX filed the proposed rule change as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is
[[Page 34058]]
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.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NASDAQ OMX BX is filing with the Commission a proposed rule change
to provide an optional anti-internalization functionality.
The text of the proposed rule change is below. Proposed new
language is underlined and proposed deletions are in brackets.
* * * * *
4757. Book Processing
System orders shall be executed through the Book Process set forth
below:
(a) Execution Algorithm-Price/Time--The System shall execute
equally priced or better priced trading interest within the System in
price/time priority in the following order:
(1)-(2) No Change.
(3) Exception: Anti-Internalization--Market participants may direct
that quotes/orders entered into the System not execute against quotes/
orders entered under the same MPID. In such a case, the later entered
of the quote/orders will be cancelled back to the entering party.
(b)-(c) No Change.
* * * * *
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. NASDAQ OMX BX 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 provide a voluntary anti-
internalization function. Under the proposal, market participants
entering quotes/orders under a specific market participant identifier
(``MPID'') may voluntarily direct that they not execute against other
quotes/orders entered into the System under the same MPID.
Under the proposal, the System, if requested, will not execute
quote/orders entered under the same MPID against each other. Instead,
the System will execute against all eligible trading interest of other
market participants, in time-priority, up to the point where it would
interact with a resting order having the MPID and thereupon immediately
cancel any remaining portion of the most recently entered of the two
same-MPID quote/orders to its entering party.
Anti-internalization functionality is designed to assist market
participants in complying with certain rules and regulations of the
Employee Retirement Income Security Act (``ERISA'') that preclude and/
or limit managing broker-dealers of such accounts from trading as
principal with orders generated for those accounts. It can also assist
market participants in reducing execution fees potentially resulting
from the interaction of executable buy and sell trading interest from
the same firm. Nasdaq OMX BX notes that use of the functionality does
not relieve or otherwise modify the duty of best execution owed to
orders received from public customers. As such, market participants
using anti-internalization functionality will need to take appropriate
steps to ensure that public customer orders that do not execute because
of the use of anti-internalization functionality ultimately receive the
same execution price (or better) they would have originally obtained if
execution of the order was not inhibited by the functionality.
2. Statutory Basis
Nasdaq OMX BX believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections [sic] 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 previously [sic]
approved for other trading systems.\7\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
\7\ See SR-NASD-2003-039.
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NASDAQ OMX BX 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.
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 after 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). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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 fulfilled this requirement.
---------------------------------------------------------------------------
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-2009-031 on the subject line.
[[Page 34059]]
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-2009-031. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NASDAQ OMX BX.
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-2009-031
and should be submitted on or before August 4, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16553 Filed 7-13-09; 8:45 am]
BILLING CODE 8010-01-P
