Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Clearing Cash-Settled Foreign Currency Index Options, 38242-38244 [E9-18273]
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Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change imposes any
burden on competition.
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 written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
does not: (1) Significantly affect the
protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 11 and Rule 19b–
4(f)(6) thereunder.12
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing.13 However, Rule 19b–
4(f)(6)(iii) 14 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay. BATS believes that waiver of the
30-day operative delay will allow the
Exchange to more promptly implement
the changes to its system to reject
market orders outside of Regular
Trading Hours even if such orders
would otherwise execute. BATS expects
to have technological changes in place
to support the proposed rule change on
July 24, 2009, and believes that benefits
to Exchange Users expected from the
proposed rule change should not be
delayed.15 In addition, the Commission
notes that the proposed rule change is
consistent with the rules of other
exchanges that prohibit the execution of
market orders outside of regular trading
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
organization 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.
14 Id.
15 See SR–BATS–2009–025, Item 7.
PWALKER on DSK8KYBLC1PROD with NOTICES
12 17
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16:38 Jul 30, 2009
Jkt 217001
hours.16 Based on the foregoing, the
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest and hereby designates
the proposal operative upon filing.17
At any time within 60 days of the
filing of such proposed rule change the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors
or otherwise in furtherance of the
purposes of the Act.
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
No. SR–BATS–2009–025 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 No.
SR–BATS–2009–025. 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,
supra note 10.
the purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
16 See
17 For
Frm 00078
Fmt 4703
Sfmt 4703
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 BATS. 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 No.
SR–BATS–2009–025 and should be
submitted on or before August 21, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–18228 Filed 7–30–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60380; File No. SR–OCC–
2009–12]
Self-Regulatory Organizations; the
Options Clearing Corporation; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change Relating to
Clearing Cash-Settled Foreign
Currency Index Options
July 23, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
July 12, 2009, The Options Clearing
Corporation (‘‘OCC’’) 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 primarily by OCC. OCC filed
the proposed rule change pursuant to
Section 19(b)(3)(A)(i) of the Act 2 and
Rule 19b–4(f)(1) 3 thereunder so that the
proposal was 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 proposed rule change would
clarify that index options cleared by
OCC may include options on foreign
currency indexes, including options on
the International Securities Exchange
(‘‘ISE’’) Leveraged USD Basket Index.
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78s(b)(3)(A)(i).
3 17 CFR 240.19b–4(f)(1).
1 15
E:\FR\FM\31JYN1.SGM
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Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
OCC 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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of such statements.4
PWALKER on DSK8KYBLC1PROD with NOTICES
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
ISE has proposed for trading cashsettled foreign currency index options
(‘‘Currency Index Options’’) on the ISE
USD Leveraged Basket Index (‘‘ISE FX
Index’’). In its rule filing, ISE states that
the ISE FX Index, which is a foreign
currency index, tracks two times the
performance, relative to the U.S. Dollar,
of a basket of the official currencies
associated with the other ‘‘Group of 10’’
countries (‘‘G–10’’).5 The ISE FX Index
was created by ISE and will be
maintained and calculated by an index
calculation agent based on a
methodology developed by ISE. The ISE
FX Index is intended as a benchmark for
investors interested in the performance
of the US Dollar versus the currencies
of other G–10 countries. OCC may clear
options on other foreign currency
indexes in the future.
Currency Index Options are similar to
other index options cleared by OCC.
Therefore, OCC believes that the
provisions of its By-Laws and Rules
governing index options, as they are
currently in effect, are sufficient to
support the clearance and settlement of
Currency Index Options. The purpose of
this rule change is to make a purely
technical amendment to the definition
of ‘‘index component’’ in Article XVII of
the By-Laws to make it more transparent
that index options cleared by OCC may
include options on foreign currency
indexes.
The proposed rule change is
consistent with the purposes and
requirements of Section 17A of the Act
because it is designed to promote the
4 The Commission has modified parts of these
statements.
5 Although there are eleven countries in the G–
10, because several of these countries are members
of the European Union and use the Euro as their
currency. As a result, there are only seven
currencies associated with the G–10: US Dollar,
Euro, Japanese Yen, British Pound, Canadian
Dollar, Swiss Franc and Swedish Krona.
VerDate Nov<24>2008
16:38 Jul 30, 2009
Jkt 217001
38243
prompt and accurate clearance and
settlement of transactions in, including
exercises of, foreign currency index
options, and to foster cooperation and
coordination with persons engaged in
the clearance and settlement of such
transactions, to remove impediments to
and perfect the mechanism of a national
system for the prompt and accurate
clearance and settlement of such
transactions, and, in general, to protect
investors and the public interest. The
proposed rule change accomplishes this
purpose by applying the same rules and
procedures to these transactions as OCC
applies to transactions in other index
options. The proposed rule change is
not inconsistent with the existing rules
of OCC, including any rules proposed to
be amended.
IV. Solicitation of Comments
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
OCC does not believe that the
proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change and none
have been received.
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)(i) of the Act 6 and Rule 19b–
4(f)(1) 7 promulgated thereunder
because the proposed rule change
constitutes a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing rule.
However, OCC will not begin to clear
and settle foreign currency index
options until distribution of a
supplement to the options disclosure
document, Characteristics and Risks of
Standardized Options, addressing such
options. At any time within sixty 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.
PO 00000
6 15
7 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
Frm 00079
Fmt 4703
Sfmt 4703
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–OCC–2009–12 on the
subject line.
Paper Comments
All submissions should refer to File
Number SR–OCC–2009–12. 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 OCC. 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–OCC–2009–12 and should
be submitted on or before August 21,
2009.
E:\FR\FM\31JYN1.SGM
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38244
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–18273 Filed 7–30–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60379; File No. SR–
NYSEArca–2009–62]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Amending the Schedule
of Fees and Charges for Exchange
Services
July 23, 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 July 1,
2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ 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
Exchange filed the proposed rule change
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.
PWALKER on DSK8KYBLC1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to the section
of its Schedule of Fees and Charges for
Exchange Services (the ‘‘Schedule’’).
Changes to the Schedule pursuant to
this proposal will be effective and
operative upon filing. The amended
section of the Schedule is included as
Exhibit 5 hereto. A copy of this filing is
available on the Exchange’s Web site at
https://www.nyse.com, at the Exchange’s
principal office and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
8 17
CFR 200.30–3(a)(12).
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)(2).
VerDate Nov<24>2008
16:38 Jul 30, 2009
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 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 purpose of this proposed rule
filing is to amend the Schedule to reflect
new transaction pricing. The Exchange
proposes to eliminate the facilitation fee
charged to firms who facilitate their
customer order flow. Currently, the
Firm Facilitation Fee is $0.15. The Firm
Facilitation Fee applies to any
transaction involving a firm’s
proprietary trading account, which has
a customer of that same firm on the
contra side of the transaction. The
Exchange also proposes to reduce the
Broker Dealer and Firm Manual fee from
$0.26 to $0.25.
The proposed fees are part of the
Exchange’s ongoing effort to offer
attractive transaction rates, and will
become operative on July 1, 2009.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act, in general, and Section
6(b)(4), in particular, in that it provides
for the equitable allocation of dues, fees
and other charges among its members
and other market participants that use
the trading facilities of NYSE Arca.
The Exchange believes the reduced
Firm Facilitation Fee is equitable
because it applies uniformly to all
similarly situated users, specifically
firms facilitating customer order flow.
Reduction of the fee to zero also follows
precedent currently in place on other
exchanges that have established fee
caps.5 The Exchange believes this
proposal is in fact more equitable than
fee caps attainable only by large broker
dealer firms. For example, certain large
broker dealers are capable of reaching
the fee cap at certain options exchanges
on the first day of trading in a given
month, making their transaction fees
equal to zero for the remainder of the
month. This treatment favors larger
5 See
Securities Exchange Act Release No. 59393
(February 11, 2009), 74 FR 7721 (February 19, 2009)
(SR–Phlx–2009–12) (increasing the Firm-Related
Equity Option and Index Option Cap to $75,000 and
exclude JBO participants).
Jkt 217001
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
firms capable of reaching the
established fee cap. In comparison to fee
caps, this proposed change creates a
level playing field for all similarly
situated participants, by charging a Firm
Facilitation Fee of $0.00 to all firms
executing facilitation trades regardless
of the firm’s volume.
The fee reduction is also consistent
with the current fee schedule and
industry precedent that allows for
different rates to be charged for different
order types originated by dissimilarly
classified market participants. The
Exchange, along with other options
exchanges, currently applies different
rates to firms facilitating their own
customer order flow as opposed to
solicited orders. The degree of
difference between the rates charged for
different order types is the result of
competitive forces in the marketplace
and reflects certain competitive
differences amongst market participants.
For example, under the Exchange’s
current fee schedule, the customer side
of a firm facilitation trade is $0.00,
while the facilitation side is currently
$0.15. The current $0.15 Facilitation Fee
is $0.11 less than the $0.26 charged for
manual broker dealer executions and
$0.02 less than the market maker nondirected fee of $0.17. These differences
exist, in part, because customers have
historically been at a competitive
disadvantage in the options markets as
compared to firms actively engaged in
the market, thus firms are appropriately
incentivized to facilitate customer order
flow. The Exchange believes that
reducing the Firm Facilitation Fee to
zero follows existing precedent for rate
differentials and further encourages
firms to facilitate customer order flow,
thereby assisting customers in their
attempt to transact in the options
markets.
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.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
E:\FR\FM\31JYN1.SGM
31JYN1
]]>Agencies
[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Pages 38242-38244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18273]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60380; File No. SR-OCC-2009-12]
Self-Regulatory Organizations; the Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Clearing Cash-Settled Foreign Currency Index Options
July 23, 2009.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on July 12, 2009, The Options
Clearing Corporation (``OCC'') 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 primarily by
OCC. OCC filed the proposed rule change pursuant to Section
19(b)(3)(A)(i) of the Act \2\ and Rule 19b-4(f)(1) \3\ thereunder so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78s(b)(3)(A)(i).
\3\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The proposed rule change would clarify that index options cleared
by OCC may include options on foreign currency indexes, including
options on the International Securities Exchange (``ISE'') Leveraged
USD Basket Index.
[[Page 38243]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such
statements.\4\
---------------------------------------------------------------------------
\4\ The Commission has modified parts of these statements.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
ISE has proposed for trading cash-settled foreign currency index
options (``Currency Index Options'') on the ISE USD Leveraged Basket
Index (``ISE FX Index''). In its rule filing, ISE states that the ISE
FX Index, which is a foreign currency index, tracks two times the
performance, relative to the U.S. Dollar, of a basket of the official
currencies associated with the other ``Group of 10'' countries (``G-
10'').\5\ The ISE FX Index was created by ISE and will be maintained
and calculated by an index calculation agent based on a methodology
developed by ISE. The ISE FX Index is intended as a benchmark for
investors interested in the performance of the US Dollar versus the
currencies of other G-10 countries. OCC may clear options on other
foreign currency indexes in the future.
---------------------------------------------------------------------------
\5\ Although there are eleven countries in the G-10, because
several of these countries are members of the European Union and use
the Euro as their currency. As a result, there are only seven
currencies associated with the G-10: US Dollar, Euro, Japanese Yen,
British Pound, Canadian Dollar, Swiss Franc and Swedish Krona.
---------------------------------------------------------------------------
Currency Index Options are similar to other index options cleared
by OCC. Therefore, OCC believes that the provisions of its By-Laws and
Rules governing index options, as they are currently in effect, are
sufficient to support the clearance and settlement of Currency Index
Options. The purpose of this rule change is to make a purely technical
amendment to the definition of ``index component'' in Article XVII of
the By-Laws to make it more transparent that index options cleared by
OCC may include options on foreign currency indexes.
The proposed rule change is consistent with the purposes and
requirements of Section 17A of the Act because it is designed to
promote the prompt and accurate clearance and settlement of
transactions in, including exercises of, foreign currency index
options, and to foster cooperation and coordination with persons
engaged in the clearance and settlement of such transactions, to remove
impediments to and perfect the mechanism of a national system for the
prompt and accurate clearance and settlement of such transactions, and,
in general, to protect investors and the public interest. The proposed
rule change accomplishes this purpose by applying the same rules and
procedures to these transactions as OCC applies to transactions in
other index options. The proposed rule change is not inconsistent with
the existing rules of OCC, including any rules proposed to be amended.
(B) Self-Regulatory Organization's Statement on Burden on Competition
OCC does not believe that the proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments were not and are not intended to be solicited with
respect to the proposed rule change and none have been received.
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)(i) of the Act \6\ and Rule 19b-4(f)(1) \7\ promulgated
thereunder because the proposed rule change constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule. However, OCC will
not begin to clear and settle foreign currency index options until
distribution of a supplement to the options disclosure document,
Characteristics and Risks of Standardized Options, addressing such
options. At any time within sixty 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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(ii).
\7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-OCC-2009-12 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-OCC-2009-12. 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 OCC. 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-OCC-2009-12 and should be
submitted on or before August 21, 2009.
[[Page 38244]]
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18273 Filed 7-30-09; 8:45 am]
BILLING CODE 8010-01-P
