Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule of the Boston Options Exchange Facility, 46270-46272 [E9-21643]
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
meet either of those requirements before
the proposed rule change is approved.22
With respect to the proposed changes
to the compliance plan process, if a
company has not yet submitted its plan
of compliance when the proposed rule
change is approved, the deadline to
submit that plan would be extended
until 45 days from the date of staff’s
notification of the deficiency. If the
company had submitted its plan of
compliance when the proposed rule
change is approved, but staff has not yet
made a determination with respect to
whether to grant additional time, staff
would be permitted to grant the
company up to 180 days from staff’s
notification of the deficiency to regain
compliance. If the company has already
received an extension of time to regain
compliance from staff when the
proposed rule change is approved,23 at
the end of that exception staff could,
based on a review of the company at the
time, grant additional time for the
company to regain compliance, up to
180 days from staff’s original
notification of the deficiency.24 No
additional time would be provided to a
company that had already received a
Staff Delisting Determination at the time
the proposed rule change is approved.25
jlentini on DSKJ8SOYB1PROD with NOTICES
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,26 in
general and with Sections 6(b)(5) of the
Act,27 in particular, which requires,
among other things, that a national
securities exchange’s rules must be
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, and, in general, to protect
investors and the public interest.
Nasdaq believes that the proposed rule
change is consistent with these
22 For example, if a company had been notified
that its security was below either the market value
of listed securities or market value of publicly held
shares requirement 95 days before the proposed
rule is approved, the company would not receive
any additional time as a result of the proposed rule
change. Such companies would continue through
the Hearings and Appeals process, however, and
could receive additional time as provided for in
Rules 5815(c)(1)(A) and 5820(d)(1).
23 Rule 5810(c)(2)(B)(i).
24 The proposal to allow a company additional
time at the end of its extension based on staff’s
further review of the company is consistent with
Nasdaq’s current practice of potentially allowing a
company additional time if it was not initially
granted the full 105 days allowed by current Rule
5810(c)(2)(B)(i).
25 Such companies would continue through the
Hearings and Appeals process, however, and could
receive additional time as provided for in Rules
5815(c)(1)(A) and 5820(d)(1).
26 15 U.S.C. 78f.
27 15 U.S.C. 78f(b)(5).
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17:32 Sep 04, 2009
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requirements in that it would enhance
consistency within Nasdaq’s rules and
between Nasdaq and other markets,
thereby reducing investor confusion and
facilitating capital formation, while
permitting reasonable periods of time
for companies to address instances of
non-compliance with Nasdaq rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq 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
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
A. By order approve such proposed
rule change, or
B. Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–NASDAQ–2009–077 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–NASDAQ–2009–077. This
PO 00000
Frm 00191
Fmt 4703
Sfmt 4703
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 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 publicly available. All
submissions should refer to File
Number SR–NASDAQ–2009–077 and
should be submitted on or before
September 29, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–21644 Filed 9–4–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60609; File No. SR–BX–
2009–056]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend the
Fee Schedule of the Boston Options
Exchange Facility
September 1, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on August 31, 2009, NASDAQ OMX BX,
Inc. (the ‘‘Exchange’’) filed with the
28 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
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. The
Exchange filed the proposed rule change
pursuant to Section 19(b)(3)(A)(ii) 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 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
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
jlentini on DSKJ8SOYB1PROD with NOTICES
1. Purpose
The Exchange proposes to eliminate
the Liquidity Make or Take Pricing
Structure on BOX, as described in
Sections 7(a) and 7(b) of the current
BOX Fee Schedule. The Liquidity Make
or Take Pricing Structure, and its
respective charges and credits, currently
applies to most classes listed for trading
on BOX that are included in the Penny
Pilot Program, as referenced in Chapter
V, Section 33 of the BOX Rules (‘‘Penny
Pilot Classes’’).5
3 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
5 A recent proposal submitted by the Exchange for
immediately [sic] effectiveness removed the
following three (3) exchange-traded fund share
classes from the Liquidity Make or Take pricing
4 17
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17:32 Sep 04, 2009
Jkt 217001
As proposed, the Liquidity Make or
Take Pricing Structure will no longer
apply and instead ‘standard’ execution
fees will be applied to executions in all
Penny Pilot Classes, except with regard
to inbound P and P/A Order
executions.6 The Exchange believes that
this proposed fee change will align its
pricing so as to better compete with
other exchanges for executions in Penny
Pilot Classes.
The Exchange is proposing that these
changes become effective on September
1, 2009. In conjunction with this
proposal, the Exchange proposes to
issue a Regulatory Circular notifying
BOX Options Participants of the
impending change to pricing for
executions on the BOX Market.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,7
in general, and Section 6(b)(4) of the
Act,8 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, this
proposed fee change will apply to all
member order types and amend pricing
for executions on BOX so as to better
compete with the current pricing in
place on other exchanges.
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
structure: (1) Standard & Poor’s Depositary
Receipts® (SPY); (2) Powershares® QQQ Trust
Series 1 (QQQQ); and (3) iShares Russell 2000®
Index Fund (IWM). See Securities Exchange Act
Release No. 60221 (July 1, 2009), 74 FR 32996 (July
9, 2009) (SR–BX–2009–033). These three classes
will remain subject only to ‘standard’ fees.
6 Terms not otherwise defined herein shall have
the meaning proscribed in the Options Order
Protection and Locked/Crossed Market Plan or the
BOX Rules, respectively.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00192
Fmt 4703
Sfmt 4703
46271
19(b)(3)(A)(ii) of the Exchange Act 9 and
Rule 19b–4(f)(2) thereunder,10 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
the rule change if it appears to the
Commission that the action is necessary
or appropriate in the public interest, for
the protection of investors, or would
otherwise further 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–2009–056 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–2009–056. 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 will also be
9 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
10 17
E:\FR\FM\08SEN1.SGM
08SEN1
46272
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
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 No.
SR–BX–2009–056 and should be
submitted on or before September 29,
2009.11
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–21643 Filed 9–4–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60604; File No. SR–
NYSEArca–2009–78]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of a
Proposed Rule Change Eliminating
NYSE Arca Equities Rule 7.26, Adding
New NYSE Arca Equities Rule 6.7 and
Amending NYSE Arca Equities Rule
6.18
September 1, 2009.
jlentini on DSKJ8SOYB1PROD with NOTICES
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
25, 2009, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by NYSE Arca. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons and is
approving the proposed rule change on
an accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to (i)
eliminate the requirement of NYSE Arca
Equities Rule 7.26 that Market Makers
establish and maintain certain
specifically prescribed information
barriers, (ii) add new NYSE Arca
Equities Rule 6.7 regarding trading
ahead of research reports, and (iii)
revising NYSE Arca Equities Rule 6.18
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
to incorporate compliance with NASD
Rule 3010. The text of the proposed rule
change is attached as Exhibit 5 to the
19b–4 form. 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
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 III 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 eliminate
the requirement set forth in NYSE Arca
Equities Rule 7.26 that Market Makers
on the Corporation maintain certain
specifically prescribed information
barrier procedures. At the same time,
the Exchange further proposes new
NYSE Arca Equities Rule 6.7, which (i)
prohibits ETP Holders from trading
ahead of research reports and (ii)
requires each ETP Holder to establish,
maintain and enforce procedures
regarding the flow of information
between research department personnel
and trading department personnel.
Finally, the Exchange proposes to revise
NYSE Arca Equities Rule 6.18 to
incorporate compliance with NASD
Rule 3010.
All Members Must Maintain Policies
Concerning the Misuse of Material NonPublic Information
Presently, NYSE Arca requires that
each ETP Holder 3 establish, maintain
and enforce written policies and
procedures reasonably designed to
prevent the misuse of material, nonpublic information by the ETP Holder or
persons associated with the ETP
Holder.4 For purposes of this
requirement, conduct constituting the
misuse of material, non-public
information includes, but is not limited
to, the following:
11 17
1 15
VerDate Nov<24>2008
17:32 Sep 04, 2009
3 See
4 See
Jkt 217001
PO 00000
NYSE Arca Equities Rule 1.1(n).
NYSE Arca Equities Rule 6.3.
Frm 00193
Fmt 4703
Sfmt 4703
(a) trading in any securities issued by
a corporation, or in any related
securities or related options or other
derivative securities, while in
possession of material, non-public
information concerning that issuer; or
(b) trading in a security or related
options or other derivative securities,
while in possession of material, nonpublic information concerning
imminent transactions in the security or
related securities; or
(c) disclosing to another person or
entity any material, non-public
information involving a corporation
whose shares are publicly traded or an
imminent transaction in an underlying
security or related securities for the
purpose of facilitating the possible
misuse of such material, non-public
information.
The Exchange also has several rules
prohibiting ETP Holders from
disadvantaging their customers or other
market participants by improperly
capitalizing on the ETP Holders’ access
to or receipt of material, non-public
information. For example, NYSE Arca
Equities Rule 6.16 prohibits an ETP
Holder from trading ahead of its
customer’s limit orders.5 In addition,
the Exchange prohibits the practice of
‘‘front-running’’ block transactions.6
Members Retain Responsibility for
Compliance
In this context, by prohibiting the
misuse of material, non-public
information, the Exchange has
appropriately defined the behavior that
its participants must avoid. In the
Exchange’s view, prescribing the form
that these policies and procedures must
take is unnecessarily burdensome. By
defining certain prohibited behavior
(e.g., Rules 6.3, 6.16, and 6.6) the
Exchange has placed its participants on
notice as to their specific compliance
5 See NYSE Arca Equities Rule 6.16: ‘‘No ETP
Holder may accept and hold an unexecuted limit
order from its customer * * * and continue to trade
on the Corporation the subject security for its own
account at prices that would satisfy the customer’s
limit order without executing that limit order.’’
6 See NYSE Arca Equities Rule 6.6: ‘‘An ETP
Holder or associated person obtaining information
of an immediate pending transaction or a
transaction executed but not yet reported on any
national securities exchange or association
involving 5,000 shares or more of a security
including an equivalent number of option contracts
admitted to dealings on the NYSE Arca, Inc., or
securities underlying the options so admitted, shall
not initiate or transmit an order in the security
involved, or options relating to that security,
through the facilities of the Corporation for any
account in which he or she or his or her
organization are participants until after the
transaction appears on the ticker or is otherwise
disclosed, in the case of orders pertaining to
equities, or until two minutes after such disclosure,
in the case of orders pertaining to options.
Exceptions will require prior approval from the
Corporation.’’
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46270-46272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21643]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60609; File No. SR-BX-2009-056]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule of the Boston Options Exchange Facility
September 1, 2009.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on August 31, 2009, NASDAQ OMX BX, Inc. (the
``Exchange'') filed with the
[[Page 46271]]
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. The Exchange filed the proposed rule
change pursuant to Section 19(b)(3)(A)(ii) 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to eliminate the Liquidity Make or Take
Pricing Structure on BOX, as described in Sections 7(a) and 7(b) of the
current BOX Fee Schedule. The Liquidity Make or Take Pricing Structure,
and its respective charges and credits, currently applies to most
classes listed for trading on BOX that are included in the Penny Pilot
Program, as referenced in Chapter V, Section 33 of the BOX Rules
(``Penny Pilot Classes'').\5\
---------------------------------------------------------------------------
\5\ A recent proposal submitted by the Exchange for immediately
[sic] effectiveness removed the following three (3) exchange-traded
fund share classes from the Liquidity Make or Take pricing
structure: (1) Standard & Poor's Depositary Receipts[reg] (SPY); (2)
Powershares[reg] QQQ Trust Series 1 (QQQQ); and (3) iShares Russell
2000[reg] Index Fund (IWM). See Securities Exchange Act Release No.
60221 (July 1, 2009), 74 FR 32996 (July 9, 2009) (SR-BX-2009-033).
These three classes will remain subject only to `standard' fees.
---------------------------------------------------------------------------
As proposed, the Liquidity Make or Take Pricing Structure will no
longer apply and instead `standard' execution fees will be applied to
executions in all Penny Pilot Classes, except with regard to inbound P
and P/A Order executions.\6\ The Exchange believes that this proposed
fee change will align its pricing so as to better compete with other
exchanges for executions in Penny Pilot Classes.
---------------------------------------------------------------------------
\6\ Terms not otherwise defined herein shall have the meaning
proscribed in the Options Order Protection and Locked/Crossed Market
Plan or the BOX Rules, respectively.
---------------------------------------------------------------------------
The Exchange is proposing that these changes become effective on
September 1, 2009. In conjunction with this proposal, the Exchange
proposes to issue a Regulatory Circular notifying BOX Options
Participants of the impending change to pricing for executions on the
BOX Market.
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(4) of the Act,\8\ 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, this proposed fee change will apply to all member order
types and amend pricing for executions on BOX so as to better compete
with the current pricing in place on other exchanges.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 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 \9\ and Rule 19b-4(f)(2)
thereunder,\10\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 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 the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further 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-2009-056 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-2009-056. 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 will also be
[[Page 46272]]
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 No. SR-BX-
2009-056 and should be submitted on or before September 29, 2009.\11\
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\11\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21643 Filed 9-4-09; 8:45 am]
BILLING CODE 8010-01-P
