Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change Relating to Foreign Currency Options, 61400-61402 [E9-28096]
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61400
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
the Exchange to be so organized as to
have the capacity to be able to carry out
the purposes of the Exchange Act and to
comply with and enforce compliance by
members and persons associated with
members with provisions of the
Exchange Act, the rules and regulations
thereunder, and SRO rules, and is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, 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.
Moreover, the proposed rule change will
ensure that U.S. Exchange Holdings, the
direct parent company of ISE Holdings
and indirect affiliate of the DE
Exchanges, will not act in a way that is
inconsistent with the DE Exchanges’
obligations under the Exchange Act.
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.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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
unsolicited written comments from
members or other interested parties.
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 Exchange consents,
the Commission will:
(A) By order approve the 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:
VerDate Nov<24>2008
15:15 Nov 23, 2009
Jkt 220001
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–ISE–2009–90 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61010; File No. SR–ISE–
2009–87]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change Relating to Foreign Currency
Options
November 16, 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 October
All submissions should refer to File
27, 2009, the International Securities
Number SR–ISE–2009–90. This file
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’),
number should be included on the
filed with the Securities and Exchange
subject line if e-mail is used. To help the Commission (‘‘Commission’’) the
Commission process and review your
proposed rule change as described in
comments more efficiently, please use
Items I, II, and III below, which Items
only one method. The Commission will have been prepared by the Exchange.
post all comments on the Commission’s The Commission is publishing this
Internet Web site (https://www.sec.gov/
notice to solicit comments on the
rules/sro.shtml). Copies of the
proposed rule change from interested
submission, all subsequent
persons.
amendments, all written statements
I. Self-Regulatory Organization’s
with respect to the proposed rule
Statement of the Terms of Substance of
change that are filed with the
the Proposed Rule Change
Commission, and all written
communications relating to the
The Exchange proposes to amend its
proposed rule change between the
Commission and any person, other than rules regarding Foreign Currency
Options (‘‘FX Options’’).3 The text of the
those that may be withheld from the
proposed rule change is available on the
public in accordance with the
Exchange’s Web site https://
provisions of 5 U.S.C. 552, will be
www.ise.com, at the principal office of
available for inspection and copying in
the Exchange, and at the Commission’s
the Commission’s Public Reference
Room, on official business days between Public Reference Room.
the hours of 10 a.m. and 3 p.m. Copies
II. Self-Regulatory Organization’s
of such filing also will be available for
Statement of the Purpose of, and
inspection and copying at the principal
Statutory Basis for, the Proposed Rule
office of the Exchange. All comments
Change
received will be posted without change;
In its filing with the Commission, the
the Commission does not edit personal
self-regulatory organization included
identifying information from
statements concerning the purpose of,
submissions. You should submit only
and basis for, the proposed rule change
information that you wish to make
and discussed any comments it received
available publicly. All submissions
on the proposed rule change. The text
should refer to File Number SR–ISE–
2009–90 and should be submitted on or of those statements may be examined at
the places specified in Item IV below.
before December 15, 2009.
The Exchange has prepared summaries,
For the Commission, by the Division of
set forth in sections A, B, and C below,
Trading and Markets, pursuant to delegated
of the most significant parts of such
authority.11
statements.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–28196 Filed 11–23–09; 8:45 am]
1 15
BILLING CODE 8011–01–P
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 ISE began trading FX options on April 17, 2007.
See Securities Exchange Act Release No. 55575
(April 3, 2007), 72 FR 17963 (April 10, 2007) (SR–
ISE–2006–59) (the ‘‘FX Options Filing’’).
2 17
11 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00084
Fmt 4703
Sfmt 4703
E:\FR\FM\24NON1.SGM
24NON1
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
1. Purpose
ISE proposes to amend its rules
regarding FX Options. Specifically, the
Exchange proposes to amend ISE Rule
2205 by adding a provision that permits
the Exchange to list a single strike price
of one cent ($0.01) for each expiration
month for FX Options opened for
trading on the Exchange.4 The proposed
one cent strike would be in addition to
the strike prices listed by the Exchange
pursuant to ISE Rule 2205.
Currently, pursuant to ISE Rule 2205,
after a class of options contracts on any
underlying currency pair has been
approved for listing and trading, the
Exchange may open for trading series of
FX Options that expire in consecutive
monthly intervals (ISE Rule
2205(a)(1)(A)), in three or ‘‘cycle’’
month intervals (ISE Rule 2205(a)(1)(B)),
or that have up to 36 months to
expiration (ISE Rule 2205(a)(1)(C)). For
example, pursuant to ISE Rule
2205(a)(1)(A), with respect to each class
of FX Options, the Exchange may open
for trading series of options having up
to four consecutive expiration months,
with the shortest term series having no
more than two months to expiration.
The Exchange may also open additional
consecutive month series of the same
class for trading at or about the time a
prior consecutive month series expires,
and the expiration month of each such
new series shall normally be the month
immediately succeeding the expiration
month of the then outstanding
consecutive month series of the same
class of options having the longest
remaining time to expiration. Under this
proposed rule change, for each such
month opened for trading, the Exchange
would list an additional strike price of
one cent.
The Exchange notes that adding a one
cent strike for FX Options will result in
a single deep in the money call option
to provide investors with exposure
similar to that of spot. The Exchange
believes creating such exposure
provides an opportunity to attract a
broader range of market participants by
offering a product that, in particular,
4 The Commission notes that the proposed text for
ISE Rule 2205 is as follows:
Rule 2205. Series of Foreign Currency Options
Open for Trading
(a)–(b) No Change.
(c) For each expiration month opened for trading,
in addition to the strike prices listed by the
Exchange pursuant to this Rule 2205, the Exchange
shall also list a single strike price of one cent
($0.01).
VerDate Nov<24>2008
15:15 Nov 23, 2009
Jkt 220001
accommodates retail spot foreign
currency traders.
The Exchange also believes that a
$0.01 strike price would enable certain
trading strategies that were previously
unavailable to investors. Specifically,
investors would be able to engage in
strategies that offer similar exposure to
a tied-to-spot trade, such as a buy-write
trade. The proposed new strike would
also appeal to securities brokers that do
not currently offer spot foreign currency
trading. Many online securities brokers
have not offered spot foreign currency
trading to their customers because it is
not a listed and centrally-cleared
product. ISE’s proposed rule change
offers such brokers an opportunity to
expand their offering beyond equities
and retain customer assets that may
otherwise go to spot foreign currency
trading venues that operate outside of
U.S. regulatory jurisdiction.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) and the rules and regulations
under the Act applicable to a national
securities exchange and, in particular,
the requirements of Section 6(b) of the
Act.5 Specifically, the Exchange
believes the proposed rule change is
consistent with Section 6(b)(5) of the
Act’s 6 requirements that the rules of a
national securities exchange be
designed to promote just and equitable
principles of trade, to prevent
fraudulent and manipulative acts and,
in general, to protect investors and the
public interest. In particular, the
proposed rule change will allow the
Exchange to list a single one cent strike
for each expiration month of FX Options
opened for trading and thereby provide
investors with the ability to engage in
previously unavailable spot foreign
currency trading strategies.
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
5 15
6 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00085
Fmt 4703
Sfmt 4703
61401
unsolicited written comments from
members or other interested parties.
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 Exchange consents,
the Commission will:
(A) By order approve the 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
No. SR–ISE–2009–87 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ISE–2009–87. 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
E:\FR\FM\24NON1.SGM
24NON1
61402
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
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
available publicly. All submissions
should refer to File Number SR–ISE–
2009–87 and should be submitted on or
before December 15, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–28096 Filed 11–23–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61023; File No. SR–MSRB–
2009–16]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of New Rule A–16, on
Examination Fees
November 18, 2009.
WReier-Aviles on DSKGBLS3C1PROD 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 November
5, 2009, the Municipal Securities
Rulemaking Board (‘‘MSRB’’ or
‘‘Board’’), 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 MSRB. The
MSRB has designated the proposed rule
change as charging a fee applicable to
brokers, dealers and municipal
securities dealers 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 MSRB is filing new Rule A–16,
which provides for examination fee
assessments on persons taking certain
7 17
CFR 200.30–3(a)(12).
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).
1 15
VerDate Nov<24>2008
15:15 Nov 23, 2009
Jkt 220001
qualification examinations as of January
4, 2010. Any person associated with a
broker, dealer or municipal securities
dealer (‘‘dealer’’) engaged in municipal
securities activities who is a municipal
securities representative, municipal
securities principal, or municipal fund
securities limited principal must take
and pass a qualification examination to
demonstrate competence in each area in
which he or she intends to work. The
Series 51 (Municipal Fund Securities
Limited Principal Qualification
Examination), Series 52 (Municipal
Securities Representative Qualification
Examination), and Series 53 (Municipal
Securities Principal Qualification
Examination) are developed,
maintained, and owned by the MSRB.
The new rule will assess a $60
examination development fee on each
individual taking the Series 51, 52, or 53
examinations. The text of the proposed
rule change is available on the MSRB’s
Web site at www.msrb.org/msrb1/
sec.asp, at the MSRB’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
MSRB 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 MSRB 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 proposed rule change establishes
examination fees that shall be assessed
on persons taking certain qualification
examinations as of January 4, 2010. Any
person associated with a broker, dealer
or municipal securities dealer (‘‘dealer’’)
engaged in municipal securities
activities who is a municipal securities
representative, municipal securities
principal, or municipal fund securities
limited principal must take and pass a
qualification examination to
demonstrate competence in each area in
which he or she intends to work. The
Series 51 (Municipal Fund Securities
Limited Principal Qualification
Examination), Series 52 (Municipal
Securities Representative Qualification
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
Examination), and Series 53 (Municipal
Securities Principal Qualification
Examination) are developed,
maintained, and owned by the MSRB.
These examinations are intended to
safeguard the investing public by
helping to ensure that certain persons
associated with dealers meet minimum
qualifications to perform their job.
Given this purpose, the examinations
seek to measure accurately and reliably
the degree to which each candidate
possesses the knowledge, skills and
abilities necessary to perform his or her
job. The Series 51 examination is 11⁄2
hours and consists of 60 multiple-choice
questions, and the Series 52 and 53
examinations are 3 hours each and
consist of 100 multiple-choice questions
per examination.
Currently, the fee assessed by the
Financial Industry Regulatory Authority
(‘‘FINRA’’), which administers the
examination on behalf of the MSRB, is
$85 for the Series 51 examination, $95
for the Series 52 examination, and $95
for the Series 53 examination. At
present, FINRA receives the entire
amount of the fee for each of the
examinations, which is intended to
cover the cost to FINRA to schedule,
administer the examinations, maintain
records, and undertake systems changes.
Pursuant to the proposed rule change,
the MSRB will assess a development fee
of $60 per examination, which will be
collected by FINRA along with FINRA’s
administrative fee. With the addition of
the MSRB development fee, the total fee
will be $145 for the Series 51
examination, $155 for the Series 52
examination, and $155 for the Series 53
examination. On a periodic basis,
FINRA will remit the fees it collects on
behalf of the MSRB for development of
the examinations to the MSRB and will
retain the administrative fees it collects
for the delivery of the examinations.
The proposed MSRB development fee
is intended to partially cover costs
incurred to develop and implement the
examinations, costs associated with
monitoring the examinations for
effectiveness, and costs associated with
updating the examinations’ content and
questions. The development fees will be
effective as of January 4, 2010.
2. Statutory Basis
The MSRB believes that the proposed
rule change is consistent with the
requirements of Section 15B(b)(2)(J) of
the Act,5 which requires, in pertinent
part, that the MSRB’s rules shall:
Provide that each municipal securities
broker and each municipal securities dealer
shall pay to the Board such reasonable fees
5 15
U.S.C. 78o–4(b)(2)(J).
E:\FR\FM\24NON1.SGM
24NON1
Agencies
[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Notices]
[Pages 61400-61402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28096]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61010; File No. SR-ISE-2009-87]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to Foreign
Currency Options
November 16, 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 October 27, 2009, the International Securities Exchange, LLC
(``ISE'' 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 amend its rules regarding Foreign Currency
Options (``FX Options'').\3\ The text of the proposed rule change is
available on the Exchange's Web site https://www.ise.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------
\3\ ISE began trading FX options on April 17, 2007. See
Securities Exchange Act Release No. 55575 (April 3, 2007), 72 FR
17963 (April 10, 2007) (SR-ISE-2006-59) (the ``FX Options Filing'').
---------------------------------------------------------------------------
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 IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
[[Page 61401]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
ISE proposes to amend its rules regarding FX Options. Specifically,
the Exchange proposes to amend ISE Rule 2205 by adding a provision that
permits the Exchange to list a single strike price of one cent ($0.01)
for each expiration month for FX Options opened for trading on the
Exchange.\4\ The proposed one cent strike would be in addition to the
strike prices listed by the Exchange pursuant to ISE Rule 2205.
---------------------------------------------------------------------------
\4\ The Commission notes that the proposed text for ISE Rule
2205 is as follows:
Rule 2205. Series of Foreign Currency Options Open for Trading
(a)-(b) No Change.
(c) For each expiration month opened for trading, in addition to
the strike prices listed by the Exchange pursuant to this Rule 2205,
the Exchange shall also list a single strike price of one cent
($0.01).
---------------------------------------------------------------------------
Currently, pursuant to ISE Rule 2205, after a class of options
contracts on any underlying currency pair has been approved for listing
and trading, the Exchange may open for trading series of FX Options
that expire in consecutive monthly intervals (ISE Rule 2205(a)(1)(A)),
in three or ``cycle'' month intervals (ISE Rule 2205(a)(1)(B)), or that
have up to 36 months to expiration (ISE Rule 2205(a)(1)(C)). For
example, pursuant to ISE Rule 2205(a)(1)(A), with respect to each class
of FX Options, the Exchange may open for trading series of options
having up to four consecutive expiration months, with the shortest term
series having no more than two months to expiration. The Exchange may
also open additional consecutive month series of the same class for
trading at or about the time a prior consecutive month series expires,
and the expiration month of each such new series shall normally be the
month immediately succeeding the expiration month of the then
outstanding consecutive month series of the same class of options
having the longest remaining time to expiration. Under this proposed
rule change, for each such month opened for trading, the Exchange would
list an additional strike price of one cent.
The Exchange notes that adding a one cent strike for FX Options
will result in a single deep in the money call option to provide
investors with exposure similar to that of spot. The Exchange believes
creating such exposure provides an opportunity to attract a broader
range of market participants by offering a product that, in particular,
accommodates retail spot foreign currency traders.
The Exchange also believes that a $0.01 strike price would enable
certain trading strategies that were previously unavailable to
investors. Specifically, investors would be able to engage in
strategies that offer similar exposure to a tied-to-spot trade, such as
a buy-write trade. The proposed new strike would also appeal to
securities brokers that do not currently offer spot foreign currency
trading. Many online securities brokers have not offered spot foreign
currency trading to their customers because it is not a listed and
centrally-cleared product. ISE's proposed rule change offers such
brokers an opportunity to expand their offering beyond equities and
retain customer assets that may otherwise go to spot foreign currency
trading venues that operate outside of U.S. regulatory jurisdiction.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations under the Act applicable to a national securities exchange
and, in particular, the requirements of Section 6(b) of the Act.\5\
Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(5) of the Act's \6\ requirements that the
rules of a national securities exchange be designed to promote just and
equitable principles of trade, to prevent fraudulent and manipulative
acts and, in general, to protect investors and the public interest. In
particular, the proposed rule change will allow the Exchange to list a
single one cent strike for each expiration month of FX Options opened
for trading and thereby provide investors with the ability to engage in
previously unavailable spot foreign currency trading strategies.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 unsolicited written comments from members or other interested
parties.
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 Exchange consents, the Commission will:
(A) By order approve the 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 rule-comments@sec.gov. Please include
File No. SR-ISE-2009-87 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2009-87. 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
[[Page 61402]]
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
available publicly. All submissions should refer to File Number SR-ISE-
2009-87 and should be submitted on or before December 15, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-28096 Filed 11-23-09; 8:45 am]
BILLING CODE 8011-01-P