Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Discontinuation of the Specialist Fee Credit Pilot Program, 52282-52283 [E9-24352]
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<![CDATA[
52282
Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices
be submitted on or before October 30,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–24356 Filed 10–8–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60771; File No. SR–Phlx–
2009–85]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the
Discontinuation of the Specialist Fee
Credit Pilot Program
October 2, 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
September 24, 2009, NASDAQ OMX
PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
mstockstill on DSKH9S0YB1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to
discontinue its current pilot program
relating to specialist fee credits for
linkage orders.
While changes to the Exchange’s fee
schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated this proposal to be effective
on September 28, 2009.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com/
NASDAQOMXPHLX/Filings/, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
23 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Nov<24>2008
16:05 Oct 08, 2009
Jkt 220001
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to discontinue the current
pilot program related to a specialist fee
credit for linkage is because the pilot is
no longer necessary. On June 17, 2008,
the Exchange filed an executed copy of
the Options Order Protection and
Locked/Crossed Market Plan (‘‘Plan’’),
joining all other approved options
markets in adopting the Plan.3 The Plan
requires each options exchange to adopt
rules implementing various
requirements specified in the Plan.4 The
Plan replaces the Plan for the Purpose
of Creating and Operating an
Intermarket Option Linkage (‘‘Linkage
Plan’’).5 That Plan requires its
participant exchanges to operate a
stand-alone system or ‘‘Linkage’’ for
sending order-flow between exchanges
to limit trade-throughs.6 The Options
Clearing Corporation (‘‘OCC’’) operates
the Linkage system (the ‘‘System’’).7 The
Exchange adopted various new rules in
connection with the Plan to avoid tradethroughs and locked markets, among
other things.8 The Exchange currently
offers private routing as opposed to
utilizing the Linkage Plan for routing. In
light of this change, the Exchange
3 See Securities Exchange Act Release Nos. 60405
(July 20, 2009) (National Market System Plan
Relating to Options Order Protection and Locked/
Crossed Markets).
4 See Securities Exchange Act Release No. 60363
(July 22, 2009), 74 FR 37270 (July 28, 2009) (SR–
Phlx–2009–61). Linkage was governed by the
Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage approved
by the Commission. The registered U.S. options
markets are linked together on a real-time basis
through a network capable of transporting orders
and messages to and from each market.
5 See footnote 4.
6 See footnote 4.
7 See footnote 4.
8 See footnote 4.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
proposes to terminate the specialist
option transaction charge credit pilot
program for trades executed via
Intermarket Options Linkage
(‘‘Linkage’’) as the credit will no longer
be necessary since the specialists will
no longer utilize Linkage to route trades.
The current pilot, which is set to
expire on July 31, 2010,9 relates to: (1)
An option transaction charge credit of
$0.21 per contract for Exchange
specialist units 10 that incur options
transaction charges when a customer
order is delivered electronically via
Phlx XL 11 or via the Exchange’s Options
Floor Broker Management Systems
(‘‘FBMS’’) 12 and then is executed via
the Linkage as a Principal Acting as
Agent Order (‘‘P/A Order’’) 13; and (2)
the Floor Broker Linkage P/A fee and
Options Specialist Unit Credit, which
charges floor brokers an amount equal to
the transaction fee(s) assessed on
options specialist units by another
exchange in connection with customer
orders that are delivered to the limit
book via FBMS and executed via
Linkage as P/A Orders. The Exchange
provides to options specialists units a
credit in an amount equal to the
transaction fee(s) assessed on them by
another exchange in connection with
executing customer orders that are
delivered to the limit order book via
FBMS and executed via Linkage as P/A
Orders. The current pilot program has
been in effect for several years.14
The pilot program which relates to
transaction fees applicable to the
execution of P/A Orders and Principal
9 See Securities Exchange Act Release No. 60209
(July 1, 2009), 74 FR 33006 (July 9, 2009) (SR–Phlx–
2009–55).
10 The Exchange uses the terms ‘‘specialists’’ and
‘‘specialists units’’ interchangeably herein.
11 See Exchange Rule 1080.
12 FBMS is designed to enable Floor Brokers and/
or their employees to enter, route and report
transactions stemming from options orders received
on the Exchange. FBMS also is designed to establish
an electronic audit trails for options orders
represented and executed by Floor Brokers on the
Exchange, such that the audit trail provides an
accurate, time-sequenced record of electronic and
other orders, quotations and transactions on the
Exchange, beginning with the receipt of an order by
the Exchange, and further documenting the life of
the order through the process of execution, partial
execution, or cancellation of that order. See
Exchange Rule 1080, Commentary .06.
13 A P/A Order is an order for the principal
account of a specialist (or equivalent entity on
another participant exchange that is authorized to
represent Public Customer orders), reflecting the
terms of a related unexecuted Public Customer
order for which the specialist is acting as agent. See
Exchange Rule 1088, a temporary linkage rule.
14 See Securities Exchange Act Release Nos.
58234 (July 25, 2008), 73 FR 45263 (August 4, 2008)
(SR–Phlx–2008–55); 56101 (July 19, 2007), 72 FR
40920 (July 25, 2007) (SR–Phlx–2009–50 [sic]);
54257 (August 1, 2006), 71 FR 45089 (August 8,
2006) (SR–Phlx–2006–46); 53761 (May 5, 2006), 71
FR 27768 (May 12, 2006) (SR–Phlx–2006–20).
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices
Orders (‘‘P Orders’’) 15 sent to the
Exchange via Linkage pursuant to the
Linkage Plan 16 will remain in effect
until such time as all participant
exchanges to the Linkage Plan no longer
send Linkage P or P/A orders via the
Linkage Plan. At such time the
Exchange intends to file a proposed rule
change with the Commission to request
the discontinuation of that pilot as
well.17
2. Statutory Basis
The Exchange believes that its
proposal to amend its schedule of fees
is consistent with Section 6(b) of the
Act 18 in general, and furthers the
objectives of Section 6(b)(4) of the Act 19
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members. In
particular, the Exchange believes that
the pilot program is no longer necessary
because the specialists no longer utilize
Linkage to route trades.
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 Exchange Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
mstockstill on DSKH9S0YB1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change is
effective upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act 20 and Rule
19b–4(f)(2) thereunder,21 because it
establishes or changes a due, fee, or
other charge applicable only to a
member imposed by the Exchange. At
any time within 60 days of the filing of
15 A principal Order is an order for the principal
account of an Eligible Market Maker and is not a
P/A Order. See Exchange Rule 1088.
16 See Securities Exchange Act Release No. 59891
(May 8, 2009), 74 FR 22990 (May 15, 2009) (SR–
Phlx–2009–24).
17 Currently, the Exchange has a temporary
linkage rule, Exchange Rule 1088, which provides
that the Exchange will continue to accept P and P/
A Orders from options exchanges that continue to
use such orders to address trade-throughs via the
existing linkage for a temporary period. See
Securities Exchange Act Release No. 60363 (July 22,
2009), 74 FR 37270 (July 28, 2009) (SR–Phlx–2009–
61). See also Exchange Rule 1088.
18 15 U.S.C. 78f(b).
19 15 U.S.C. 78f(b)(4).
20 15 U.S.C. 78s(b)(3)(A)(ii).
21 17 CFR 240.19b–4(f)(2).
VerDate Nov<24>2008
16:05 Oct 08, 2009
Jkt 220001
52283
85 and should be submitted on or before
October 30, 2009.
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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–24352 Filed 10–8–09; 8:45 am]
IV. Solicitation of Comments
BILLING CODE 8011–01–P
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–Phlx-2009–85 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60784; File No. SR–Phlx–
2009–69]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Prohibit
Options Specialist Commission
Charges
October 2, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
Paper Comments
notice is hereby given that on October
1, 2009, NASDAQ OMX PHLX, Inc.
• Send paper comments in triplicate
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission
Securities and Exchange Commission,
(‘‘Commission’’) the proposed rule
100 F Street NE., Washington, DC
change as described in Items I, II, and
20549–1090.
III, below, which Items have been
All submissions should refer to File
prepared by the Exchange. The
Number SR–Phlx–2009–85. This file
Commission is publishing this notice to
number should be included on the
subject line if e-mail is used. To help the solicit comments on the proposed rule
change from interested persons.
Commission process and review your
comments more efficiently, please use
I. Self-Regulatory Organization’s
only one method. The Commission will Statement of the Terms of Substance of
post all comments on the Commission’s the Proposed Rule Change
Internet Web site (https://www.sec.gov/
The Exchange proposes to adopt Rule
rules/sro/shtml). Copies of the
1014, Commentary .10 to establish that
submission, all subsequent
options specialists on the Exchange are
amendments, all written statements
prohibited from charging commissions.
with respect to the proposed rule
The text of the proposed rule change
change that are filed with the
is available on the Exchange’s Web site
Commission, and all written
at https://www.nasdaqtrader.com/
communications relating to the
micro.aspx?id=PHLXRulefilings, at the
proposed rule change between the
principal office of the Exchange, and at
Commission and any person, other than the Commission’s Public Reference
those that may be withheld from the
Room.
public in accordance with the
II. Self-Regulatory Organization’s
provisions of 5 U.S.C. 552, will be
Statement of the Purpose of, and
available for inspection and copying in
Statutory Basis for, the Proposed Rule
the Commission’s Public Reference
Room, on official business days between Change
the hours of 10 a.m. and 3 p.m. Copies
In its filing with the Commission, the
of such filing will also be available for
Exchange included statements
inspection and copying at the principal
concerning the purpose of and basis for
office of the Exchange. All comments
the proposed rule change and discussed
received will be posted without change; any comments it received on the
the Commission does not edit personal
proposed rule change. The text of these
identifying information from
statements may be examined at the
submissions. You should submit only
information that you wish to make
22 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
available publicly. All submissions
2 17 CFR 240.19b–4.
should refer to File No. SR–Phlx–2009–
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Pages 52282-52283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24352]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60771; File No. SR-Phlx-2009-85]
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Discontinuation of the Specialist Fee Credit Pilot Program
October 2, 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 September 24, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to discontinue its current pilot program
relating to specialist fee credits for linkage orders.
While changes to the Exchange's fee schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective on September 28, 2009.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant 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 purpose of the proposed rule change is to discontinue the
current pilot program related to a specialist fee credit for linkage is
because the pilot is no longer necessary. On June 17, 2008, the
Exchange filed an executed copy of the Options Order Protection and
Locked/Crossed Market Plan (``Plan''), joining all other approved
options markets in adopting the Plan.\3\ The Plan requires each options
exchange to adopt rules implementing various requirements specified in
the Plan.\4\ The Plan replaces the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage (``Linkage Plan'').\5\ That
Plan requires its participant exchanges to operate a stand-alone system
or ``Linkage'' for sending order-flow between exchanges to limit trade-
throughs.\6\ The Options Clearing Corporation (``OCC'') operates the
Linkage system (the ``System'').\7\ The Exchange adopted various new
rules in connection with the Plan to avoid trade-throughs and locked
markets, among other things.\8\ The Exchange currently offers private
routing as opposed to utilizing the Linkage Plan for routing. In light
of this change, the Exchange proposes to terminate the specialist
option transaction charge credit pilot program for trades executed via
Intermarket Options Linkage (``Linkage'') as the credit will no longer
be necessary since the specialists will no longer utilize Linkage to
route trades.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release Nos. 60405 (July 20,
2009) (National Market System Plan Relating to Options Order
Protection and Locked/Crossed Markets).
\4\ See Securities Exchange Act Release No. 60363 (July 22,
2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-61). Linkage was
governed by the Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and Operating an
Intermarket Option Linkage approved by the Commission. The
registered U.S. options markets are linked together on a real-time
basis through a network capable of transporting orders and messages
to and from each market.
\5\ See footnote 4.
\6\ See footnote 4.
\7\ See footnote 4.
\8\ See footnote 4.
---------------------------------------------------------------------------
The current pilot, which is set to expire on July 31, 2010,\9\
relates to: (1) An option transaction charge credit of $0.21 per
contract for Exchange specialist units \10\ that incur options
transaction charges when a customer order is delivered electronically
via Phlx XL \11\ or via the Exchange's Options Floor Broker Management
Systems (``FBMS'') \12\ and then is executed via the Linkage as a
Principal Acting as Agent Order (``P/A Order'') \13\; and (2) the Floor
Broker Linkage P/A fee and Options Specialist Unit Credit, which
charges floor brokers an amount equal to the transaction fee(s)
assessed on options specialist units by another exchange in connection
with customer orders that are delivered to the limit book via FBMS and
executed via Linkage as P/A Orders. The Exchange provides to options
specialists units a credit in an amount equal to the transaction fee(s)
assessed on them by another exchange in connection with executing
customer orders that are delivered to the limit order book via FBMS and
executed via Linkage as P/A Orders. The current pilot program has been
in effect for several years.\14\
---------------------------------------------------------------------------
\9\ See Securities Exchange Act Release No. 60209 (July 1,
2009), 74 FR 33006 (July 9, 2009) (SR-Phlx-2009-55).
\10\ The Exchange uses the terms ``specialists'' and
``specialists units'' interchangeably herein.
\11\ See Exchange Rule 1080.
\12\ FBMS is designed to enable Floor Brokers and/or their
employees to enter, route and report transactions stemming from
options orders received on the Exchange. FBMS also is designed to
establish an electronic audit trails for options orders represented
and executed by Floor Brokers on the Exchange, such that the audit
trail provides an accurate, time-sequenced record of electronic and
other orders, quotations and transactions on the Exchange, beginning
with the receipt of an order by the Exchange, and further
documenting the life of the order through the process of execution,
partial execution, or cancellation of that order. See Exchange Rule
1080, Commentary .06.
\13\ A P/A Order is an order for the principal account of a
specialist (or equivalent entity on another participant exchange
that is authorized to represent Public Customer orders), reflecting
the terms of a related unexecuted Public Customer order for which
the specialist is acting as agent. See Exchange Rule 1088, a
temporary linkage rule.
\14\ See Securities Exchange Act Release Nos. 58234 (July 25,
2008), 73 FR 45263 (August 4, 2008) (SR-Phlx-2008-55); 56101 (July
19, 2007), 72 FR 40920 (July 25, 2007) (SR-Phlx-2009-50 [sic]);
54257 (August 1, 2006), 71 FR 45089 (August 8, 2006) (SR-Phlx-2006-
46); 53761 (May 5, 2006), 71 FR 27768 (May 12, 2006) (SR-Phlx-2006-
20).
---------------------------------------------------------------------------
The pilot program which relates to transaction fees applicable to
the execution of P/A Orders and Principal
[[Page 52283]]
Orders (``P Orders'') \15\ sent to the Exchange via Linkage pursuant to
the Linkage Plan \16\ will remain in effect until such time as all
participant exchanges to the Linkage Plan no longer send Linkage P or
P/A orders via the Linkage Plan. At such time the Exchange intends to
file a proposed rule change with the Commission to request the
discontinuation of that pilot as well.\17\
---------------------------------------------------------------------------
\15\ A principal Order is an order for the principal account of
an Eligible Market Maker and is not a P/A Order. See Exchange Rule
1088.
\16\ See Securities Exchange Act Release No. 59891 (May 8,
2009), 74 FR 22990 (May 15, 2009) (SR-Phlx-2009-24).
\17\ Currently, the Exchange has a temporary linkage rule,
Exchange Rule 1088, which provides that the Exchange will continue
to accept P and P/A Orders from options exchanges that continue to
use such orders to address trade-throughs via the existing linkage
for a temporary period. See Securities Exchange Act Release No.
60363 (July 22, 2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-
61). See also Exchange Rule 1088.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \18\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \19\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. In particular, the Exchange
believes that the pilot program is no longer necessary because the
specialists no longer utilize Linkage to route trades.
---------------------------------------------------------------------------
\18\ 15 U.S.C. 78f(b).
\19\ 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 that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \20\ and Rule 19b-
4(f)(2) thereunder,\21\ because it establishes or changes a due, fee,
or other charge applicable only to a member imposed by the Exchange. 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.
---------------------------------------------------------------------------
\20\ 15 U.S.C. 78s(b)(3)(A)(ii).
\21\ 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-Phlx-2009-85 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-Phlx-2009-85. 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 official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing will
also 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 No. SR-Phlx-
2009-85 and should be submitted on or before October 30, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------
\22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24352 Filed 10-8-09; 8:45 am]
BILLING CODE 8011-01-P
