Self-Regulatory Organizations; Boston Stock Exchange, Incorporated [sic]; Notice of Filing of Proposed Rule Change To Further Extend the Temporary Cap on Certain Fees for Members, 42346-42348 [E9-20063]
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Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices
change the substance of those
provisions.
Additionally, the Exchange is seeking
to amend Rule 414(c) to clarify that the
exercise limit exemptions will apply to
any member that is granted an
exemption to position limits under the
rule.
Lastly, the Exchange is seeking to
amend Rule 415 to specify that when
calculating an aggregate long or short
position in options, members need to
combine (i) long positions in put
options with short positions in call
options, and (ii) short positions in put
options with long positions in call
options.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,4
in general, and furthers the objectives of
Section 6(b)(5) of the Act,5 in particular,
in that it is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, and to protect
investors and the public interest in that
it is designed 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 for a free and open market
and a national market system, and, in
general, to protect investors and the
public interest.
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 written
comments from members or other
interested parties.
srobinson on DSKHWCL6B1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) 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,
provided that the Exchange has given
the Commission written notice of its
intent to file 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
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 6 and Rule 19b–4(f)(6) 7
thereunder.
The proposed rule change makes no
substantive changes to the rules. The
Exchange believes that this proposed
rule change does not raise any new,
unique or substantive issues. For the
foregoing reasons, this rule filing
qualifies for immediate effectiveness as
a ‘‘noncontroversial’’ rule change under
paragraph (f)(6) of Rule 19b–4.
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:
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 also will be available
for inspection and copying at the
principal office of ISE. 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–ISE–
2009–62 and should be submitted on or
before September 11, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–20061 Filed 8–20–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–ISE–2009–62 on the subject
line.
[Release No. 34–60503; File No. SR–BX–
2009–046]
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–ISE–2009–62. 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
August 14, 2009.
Self-Regulatory Organizations; Boston
Stock Exchange, Incorporated [sic];
Notice of Filing of Proposed Rule
Change To Further Extend the
Temporary Cap on Certain Fees for
Members
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 August 3,
2009, NASDAQ OMX BX, Inc. (‘‘BX’’)
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.
8 17
4 15
U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
VerDate Nov<24>2008
16:22 Aug 20, 2009
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6 15
U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(6).
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21AUN1
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices
The Commission is publishing this
notice to solicit comments on the
proposed rule from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
BX proposes to extend the temporary
cap on fees charged for OUCH ports to
the Equities Market due to
unanticipated delays in developing and
implementing an anti-internalization
function. The text of the proposed rule
change is below. Proposed new
language is italicized.
*
*
*
*
*
7015. Access Services
The following charges are assessed by the
Exchange for ports to establish connectivity
to the NASDAQ OMX BX Equities Market, as
well as ports to receive data from the
NASDAQ OMX BX Equities Market:
• $400 per month for each port pair, other
than Multicast ITCH® data feed pairs, for
which the fee is $1000 per month. Additional
OUCH port pairs beyond 15 are at no cost for
the months of May, June and July 2009. For
August 2009, OUCH port pairs beyond 15
will be assessed a pro rata charge on the
basis of the number of trading days during
the month during which the antiinternalization functionality introduced by
Equity Rule 4757(a)(3) is available to market
participants.
• Internet Ports: An additional $200 per
month for each Internet port that requires
additional bandwidth.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, BX
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. 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
srobinson on DSKHWCL6B1PROD with NOTICES
1. Purpose
BX is proposing to extend the
temporary modification to its pricing for
OUCH ports, which provide
connectivity to the NASDAQ OMX BX
Equities Market. In SR–BX–2009–023
and SR–BX–2009–036,3 BX filed
3 Securities Exchange Act Release No. 59894 (May
8, 2009), 74 FR 23000 (May 15, 2009) (SR–BX–
VerDate Nov<24>2008
16:22 Aug 20, 2009
Jkt 217001
immediately effective rule changes to
eliminate fees for a member firm’s
OUCH ports in excess of 15 for the
months of May, June, and July 2009. In
those filings, BX noted member firms
had complained that, because BX does
not have an anti-internalization
capability, they must purchase
additional OUCH ports that they would
otherwise not need to purchase solely to
avoid unwanted execution against their
customer orders. Internalization occurs
when a member firm’s customer order is
posted on the market and executed all
or in part by the same member firm.
Member firms must avoid
internalization of certain customer
orders to avoid violating rules and
regulations of the Employee Retirement
Income Security Act that preclude and/
or limit managing broker-dealers of such
customer accounts from trading as
principal with orders generated for
those accounts. Currently, some member
firms are only able to avoid
internalization by purchasing additional
OUCH ports through which they place
all order flow that must not be
internalized. Such additional ports have
discrete MPID numbers, which allow
these member firms to identify the
orders and avoid internalization.
BX determined to limit the number of
OUCH port pairs that a member is
charged monthly to 15 for the months of
May, June, and July 2009, so that those
firms affected by BX’s lack of an antiinternalization function were provided
relief until BX could implement such a
function. BX noted in its rule change
that it would either seek to remove the
cap language from the rule upon its
expiration or alternatively would seek to
extend the cap until such time the antiinternalization function could be
implemented. BX has now adopted
Equity Rule 4757(a)(3),4 through which
BX will provide anti-internalization
functionality, and expects to implement
that functionality on or about August
10, 2009. As such, BX is proposing to
further extend the temporary
modification of its OUCH port pair
pricing into August 2009, assessing a
pro rata charge on the basis of the
number of trading days during the
month during which the antiinternalization functionality introduced
by Equity Rule 4757(a)(3) is available to
market participants. BX will then seek
to remove the cap language from the
rule. Thus, if the functionality is
introduced on August 10, the fee for
2009–023); Securities Exchange Act Release No.
60257 (July 7, 2009), 74 FR 34060 (July 14, 2009)
(SR–BX–2009–036).
4 Securities Exchange Act Release No. 60383 (July
24, 2009), 74 FR 38065 (July 30, 2009) (SR–BX–
2009–042).
PO 00000
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42347
August would be 76.19% of the fee
otherwise assessable, reflecting that the
functionality would be available for 16
out of the 21 trading days during the
month.
2. Statutory Basis
BX believes that the proposed rule
change is consistent with the provisions
of Section 6 of the Act,5 in general, and
with Section 6(b)(4) of the Act,6 in
particular, in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system which BX operates or
controls. The proposed fee change
applies uniformly to all BX members.
BX has determined that temporarily
instituting a cap on fees for OUCH ports
in excess of 15 will provide relief to
member firms required to purchase
additional ports solely due to BX’s lack
of an anti-internalization function.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor 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)(ii) of the Act 7 and
subparagraph (f)(2) of Rule 19b–4
thereunder.8 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:
5 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
7 15 U.S.C. 78s(b)(3)(a)(ii).
8 17 CFR 240.19b–4(f)(2).
6 15
E:\FR\FM\21AUN1.SGM
21AUN1
42348
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices
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–2009–046 on the
subject line.
Paper Comments
srobinson on DSKHWCL6B1PROD with NOTICES
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60501; File No. SR–NYSE–
2009–80]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change to Amend its
Public Float Requirement for Initial
Public Offerings
August 13, 2009.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Exchange Act’’) 2 and Rule 19b–4
All submissions should refer to File
thereunder,3 notice is hereby given that
Number SR–BX–2009–046. This file
on August 5, 2009, New York Stock
number should be included on the
Exchange LLC (the ‘‘NYSE’’ or the
subject line if e-mail is used. To help the ‘‘Exchange’’) filed with the Securities
Commission process and review your
and Exchange Commission
comments more efficiently, please use
(‘‘Commission’’) the proposed rule
only one method. The Commission will change as described in Items I, II and III
post all comments on the Commission’s below, which Items have been prepared
Internet Web site https://www.sec.gov/
by the Exchange. The Commission is
rules/sro.shtml. Copies of the
publishing this notice to solicit
submission, all subsequent
comments on the proposed rule change
amendments, all written statements
from interested persons.
with respect to the proposed rule
I. Self-Regulatory Organization’s
change that are filed with the
Statement of the Terms of Substance of
Commission, and all written
the Proposed Rule Change
communications relating to the
proposed rule change between the
The Exchange proposes to amend its
Commission and any person, other than
market value of publicly-held shares
those that may be withheld from the
requirement for initial public offerings
public in accordance with the
(‘‘IPOs’’), spin-offs and companies listed
provisions of 5 U.S.C. 552, will be
under the Exchange’s Affiliated
available for inspection and copying in
Company standard. The text of the
the Commission’s Public Reference
proposed rule change is available at the
Room, on business days between the
Exchange, the Commission’s Public
hours of 10 a.m. and 3 p.m., located at
Reference Room, and https://
100 F Street, NE., Washington, DC
20549. Copies of such filing also will be www.nyse.com.
available for inspection and copying at
II. Self-Regulatory Organization’s
the principal office of the Exchange. All Statement of the Purpose of, and
comments received will be posted
Statutory Basis for, the Proposed Rule
without change; the Commission does
Change
not edit personal identifying
In its filing with the Commission, the
information from submissions. You
self-regulatory organization included
should submit only information that
you wish to make available publicly. All statements concerning the purpose of
and basis for the proposed rule change
submissions should refer to File
and discussed any comments it received
Number SR–BX–2009–046 and should
be submitted on or before September 11, on the proposed rule change. The text
of these statements may be examined at
2009.
the places specified in Item IV below.
For the Commission, by the Division of
The NYSE has prepared summaries, set
Trading and Markets, pursuant to delegated
forth in sections A, B, and C below, of
authority.9
the most significant aspects of such
Florence E. Harmon,
statements.
Deputy Secretary.
[FR Doc. E9–20063 Filed 8–20–09; 8:45 am]
BILLING CODE 8010–01–P
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
16:22 Aug 20, 2009
1. Purpose
Section 102.01B of the Manual
requires that a company listing at the
time of its IPO or as a result of a spinoff or under the Affiliated Company
standard of Section 102.01C(iii) must
demonstrate an aggregate market value
of publicly-held shares (‘‘public float’’)
of $60 million at the time of listing. The
Exchange proposes to reduce this
requirement from $60 million to $40
million. A reduction in the public float
requirement to $40 million for
companies that are new to the public
markets will enable companies to list
that would not meet the current $60
million public float requirement but that
otherwise qualify to list. The proposed
lowering of the public float requirement
would be applicable to real estate
investment trusts listed under Section
102.05, but not closed-end funds listed
under Section 102.04 (which will
continue to be subject to a $60 million
public float requirement) or special
purpose acquisition companies
(‘‘SPACs’’) listed under Section 102.06
(which are subject to a $200 million
public float requirement). As closed-end
funds and SPACs are subject to their
own separate listing standards and have
characteristics that make them
significantly different from operating
companies, the Exchange does not
believe that it is unfairly discriminatory
to apply different public float
requirements to them than are
applicable to operating companies.
The Exchange believes that the
proposed rule change is consistent with
the protection of investors and the
public interest and does not raise any
novel regulatory issues. The Exchange
notes that the proposed $40 million
public float requirement is higher than
the public float requirements under the
various Nasdaq Global Market initial
listing standards, which range from $8
million to $20 million.
The Exchange believes that the
proposed amendment does not affect the
status of NYSE listed securities under
Securities Exchange Act Rule 3a51–1(a)
(the ‘‘Penny Stock Rule’’),4 as the
amended standards satisfy the
requirements of Exchange Act Rule
3a51–1(a)(2).5
All of the NYSE’s equity listing
standards meet the stock price and
distribution requirements of Rule 3a51–
1(a)(2), as all of the standards require
1 15
2 15
9 17
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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5 17
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CFR 240.a51–1(a).
CFR 240.a51–1(a)(2).
21AUN1
]]>Agencies
[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42346-42348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20063]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60503; File No. SR-BX-2009-046]
Self-Regulatory Organizations; Boston Stock Exchange,
Incorporated [sic]; Notice of Filing of Proposed Rule Change To Further
Extend the Temporary Cap on Certain Fees for Members
August 14, 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 August 3, 2009, NASDAQ OMX BX, Inc. (``BX'') 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.
[[Page 42347]]
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
BX proposes to extend the temporary cap on fees charged for OUCH
ports to the Equities Market due to unanticipated delays in developing
and implementing an anti-internalization function. The text of the
proposed rule change is below. Proposed new language is italicized.
* * * * *
7015. Access Services
The following charges are assessed by the Exchange for ports to
establish connectivity to the NASDAQ OMX BX Equities Market, as well
as ports to receive data from the NASDAQ OMX BX Equities Market:
$400 per month for each port pair, other than Multicast
ITCH[reg] data feed pairs, for which the fee is $1000 per month.
Additional OUCH port pairs beyond 15 are at no cost for the months
of May, June and July 2009. For August 2009, OUCH port pairs beyond
15 will be assessed a pro rata charge on the basis of the number of
trading days during the month during which the anti-internalization
functionality introduced by Equity Rule 4757(a)(3) is available to
market participants.
Internet Ports: An additional $200 per month for each
Internet port that requires additional bandwidth.
* * * * *
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, BX 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. 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
BX is proposing to extend the temporary modification to its pricing
for OUCH ports, which provide connectivity to the NASDAQ OMX BX
Equities Market. In SR-BX-2009-023 and SR-BX-2009-036,\3\ BX filed
immediately effective rule changes to eliminate fees for a member
firm's OUCH ports in excess of 15 for the months of May, June, and July
2009. In those filings, BX noted member firms had complained that,
because BX does not have an anti-internalization capability, they must
purchase additional OUCH ports that they would otherwise not need to
purchase solely to avoid unwanted execution against their customer
orders. Internalization occurs when a member firm's customer order is
posted on the market and executed all or in part by the same member
firm. Member firms must avoid internalization of certain customer
orders to avoid violating rules and regulations of the Employee
Retirement Income Security Act that preclude and/or limit managing
broker-dealers of such customer accounts from trading as principal with
orders generated for those accounts. Currently, some member firms are
only able to avoid internalization by purchasing additional OUCH ports
through which they place all order flow that must not be internalized.
Such additional ports have discrete MPID numbers, which allow these
member firms to identify the orders and avoid internalization.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 59894 (May 8, 2009), 74
FR 23000 (May 15, 2009) (SR-BX-2009-023); Securities Exchange Act
Release No. 60257 (July 7, 2009), 74 FR 34060 (July 14, 2009) (SR-
BX-2009-036).
---------------------------------------------------------------------------
BX determined to limit the number of OUCH port pairs that a member
is charged monthly to 15 for the months of May, June, and July 2009, so
that those firms affected by BX's lack of an anti-internalization
function were provided relief until BX could implement such a function.
BX noted in its rule change that it would either seek to remove the cap
language from the rule upon its expiration or alternatively would seek
to extend the cap until such time the anti-internalization function
could be implemented. BX has now adopted Equity Rule 4757(a)(3),\4\
through which BX will provide anti-internalization functionality, and
expects to implement that functionality on or about August 10, 2009. As
such, BX is proposing to further extend the temporary modification of
its OUCH port pair pricing into August 2009, assessing a pro rata
charge on the basis of the number of trading days during the month
during which the anti-internalization functionality introduced by
Equity Rule 4757(a)(3) is available to market participants. BX will
then seek to remove the cap language from the rule. Thus, if the
functionality is introduced on August 10, the fee for August would be
76.19% of the fee otherwise assessable, reflecting that the
functionality would be available for 16 out of the 21 trading days
during the month.
---------------------------------------------------------------------------
\4\ Securities Exchange Act Release No. 60383 (July 24, 2009),
74 FR 38065 (July 30, 2009) (SR-BX-2009-042).
---------------------------------------------------------------------------
2. Statutory Basis
BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The proposed fee change applies
uniformly to all BX members. BX has determined that temporarily
instituting a cap on fees for OUCH ports in excess of 15 will provide
relief to member firms required to purchase additional ports solely due
to BX's lack of an anti-internalization function.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor 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)(ii) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\8\ 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.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(a)(ii).
\8\ 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:
[[Page 42348]]
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-2009-046 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-2009-046. 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, on business days between the hours
of 10 a.m. and 3 p.m., located at 100 F Street, NE., Washington, DC
20549. Copies of such filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2009-046 and should be submitted on
or before September 11, 2009.
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\9\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-20063 Filed 8-20-09; 8:45 am]
BILLING CODE 8010-01-P
