Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Allow All SPY and IWM Option Series To Quote in Penny Increments, 1433-1434 [2010-205]
Download as PDF
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices
SECURITIES AND EXCHANGE
COMMISSION
the Commission’s Public Reference
Room.
[Release No. 34–61282; File No. SR–Phlx–
2009–110]
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.
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Allow All
SPY and IWM Option Series To Quote
in Penny Increments
January 4, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 2 thereunder,
notice is hereby given that on December
24, 2009, NASDAQ OMX PHLX, Inc.
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing with the
Commission a proposal to quote all
series of options on SPDR S&P 500
Exchange Traded Funds (SPY) and
options on iShares Russell 2000 Index
Funds (IWM) in penny increments
($0.01) pursuant to the Penny Pilot
(‘‘Penny Pilot’’ or ‘‘Pilot’’), effective
February 1, 2010.3 This date
corresponds with the phase-in date for
additional classes for the Penny Pilot.
The Exchange requests that the
Commission waive the 30-day operative
delay period contained in Exchange Act
Rule 19b-4(f)(6)(iii).4
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 The Penny Pilot was established in March 2008
and in October 2009 was expanded and extended
through December 31, 2010. See Securities
Exchange Act Release Nos. 57579 (March 28, 2008),
73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008–
026) (notice of filing and immediate effectiveness
establishing Penny Pilot); and 60874 (October 23,
2009), 74 FR 56682 (November 2, 2009) (SR–
NASDAQ–2009–091) (notice of filing and
immediate effectiveness expanding and extending
Penny Pilot through December 31, 2010). See also
Securities Exchange Act Release No. 60965
(November 9, 2009), 74 FR 59292 (November 17,
2009) (SR–NASDAQ–2009–097) (notice of filing
and immediate effectiveness adding seventy-five
classes to Penny Pilot) [sic].
4 17 CFR 240.19b-4(f)(6)(iii).
srobinson on DSKHWCL6B1PROD with NOTICES
2 17
VerDate Nov<24>2008
16:06 Jan 08, 2010
Jkt 220001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to enable
the Exchange to quote all series of
options on SPDR S&P 500 Exchange
Traded Funds (‘‘SPY’’) and options on
iShares Russell 2000 Index Funds
(‘‘IWM’’) in penny increments pursuant
to the Penny Pilot, effective February 1,
2010.
In the Exchange’s immediately
effective filing to extend and expand the
Penny Pilot through December 31, 2010,
the Exchange proposed expanding the
Pilot four times on a quarterly basis.5 In
addition to sixty-three options classes
that were in the Penny Pilot, the
Exchange has recently added the next
seventy-five most actively traded
multiply listed options classes based on
the national average daily volume
(‘‘ADV’’) for the six months prior to
selection, closing under $200 per share
on the Expiration Friday prior to
expansion.6 The minimum quotation
variation for all classes included in the
Pilot, except for options on PowerShares
QQQ (‘‘QQQQ’’),7 is $0.01 for all
quotations in option series that are
quoted at less than $3.00 per contract,
and $0.05 for all quotations in option
series that are quoted at $3.00 or greater.
5 See Securities Exchange Act Release No. 60873
(October 23, 2009), 74 FR 56675 (November 2, 2009)
(SR–Phlx–2009–91) (notice of filing and immediate
effectiveness).
6 The month immediately preceding the addition
of options to the Penny Pilot was not used for the
purpose of the six month analysis, and index option
products were included only if the underlying
index levels were under 200. See Securities
Exchange Act Release No. 60966 (November 9,
2009), 74 FR 59331 (November 17, 2009) (SR–Phlx–
2009–94) (notice of filing and immediate
effectiveness).
7 Options on QQQQ are quoted in $0.01
increments for all series.
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
1433
Thus, the current minimum quoting
increment for bids and offers in SPY
and IWM is $0.01 for all options series
below $3.00 and $0.05 for all options
series $3.00 and above.
The Exchange now proposes to
eliminate the $3.00 breakpoint that
exists for SPY and IWM and designate
all options series of SPY and IWM as
eligible to quote in $0.01 increments,
regardless of premium value. The
Exchange will communicate the
proposed change to its membership via
an Options Trader Alert (‘‘OTA’’) posted
on the Exchange’s web site.
The Exchange notes that although the
Pilot has contributed to some increase
in quote message traffic, it has been
manageable by the Exchange and the
Options Price Reporting Authority
(‘‘OPRA’’), with no significant disruption
in the dissemination of pricing
information. The Exchange believes that
the benefits to public customers and
other market participants who are able
to express their true prices to buy and
sell options have been demonstrated to
outweigh the increase in quote traffic.
Moreover, the Exchange’s rule change
proposal is sufficiently limited such that
it is unlikely to increase quotation
message traffic beyond the capacity of
the Exchange’s or OPRA’s systems, or to
disrupt the timely dissemination of
information.
The Exchange believes that its
proposal to eliminate the breakpoint for
penny quoting of all SPY and IWM
option series should facilitate the
continuing narrowing of spreads,
thereby lowering costs to the benefit of
investors.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 8 in general, and furthers the
objectives of Section 6(b)(5) of the Act 9
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system by
allowing all SPY and IWM option series
to quote in penny intervals.
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
8 15
9 15
E:\FR\FM\11JAN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
11JAN1
1434
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange believes that the
foregoing proposed rule change may
take effect upon filing with the
Commission pursuant to Section
19(b)(3)(A) 10 of the Act and Rule 19b–
4(f)(6)(iii) thereunder 11 because the
foregoing proposed rule change does
not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative prior to 30 days from the date
on which it was filed, or such shorter
time as the Commission may
designate.12
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:
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–2009–110 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
srobinson on DSKHWCL6B1PROD with NOTICES
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
12 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b-4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
11 17
VerDate Nov<24>2008
16:06 Jan 08, 2010
Jkt 220001
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2009–110. 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 the filing also will be available
for inspection and copying at the
principal office of the self-regulatory
organization. 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–Phlx–
2009–110 and should be submitted on
or before February 1, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–205 Filed 1–8–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61281; File No. SR–
NASDAQ–2009–115]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Allow All
SPY and IWM Option Series To Quote
in Penny Increments
January 4, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
13 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00102
Fmt 4703
Sfmt 4703
(‘‘Act’’) 1 and Rule 19b–4 2 thereunder,
notice is hereby given that on December
24, 2009, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by Nasdaq. 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
Nasdaq is filing with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) a proposal for the
NASDAQ Options Market (‘‘NOM’’ or
‘‘Exchange’’) to quote all series of
options on SPDR S&P 500 Exchange
Traded Funds (SPY) and options on
iShares Russell 2000 Index Funds
(IWM) in penny increments ($0.01)
pursuant to the Penny Pilot (‘‘Penny
Pilot’’ or ‘‘Pilot’’), effective February 1,
2010.3 This date corresponds with the
phase-in date for additional classes for
the Penny Pilot.
The Exchange requests that the
Commission waive the 30-day operative
delay period contained in Exchange Act
Rule 19b–4(f)(6)(iii).4
The text of the proposed rule change
is available from Nasdaq’s Web site at
https://nasdaq.cchwallstreet.com/
Filings/ at Nasdaq’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,
Nasdaq 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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 The Penny Pilot was established in March 2008
and in October 2009 was expanded and extended
through December 31, 2010. See Securities
Exchange Act Release Nos. 57579 (March 28, 2008),
73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008–
026) (notice of filing and immediate effectiveness
establishing Penny Pilot); and 60874 (October 23,
2009), 74 FR 56682 (November 2, 2009) (SR–
NASDAQ–2009–091) (notice of filing and
immediate effectiveness expanding and extending
Penny Pilot through December 31, 2010). See also
Securities Exchange Act Release No. 60965
(November 9, 2009), 74 FR 59292 (November 17,
2009) (SR–NASDAQ–2009–097) (notice of filing
and immediate effectiveness adding seventy-five
classes to Penny Pilot).
4 17 CFR 240.19b–4(f)(6)(iii).
2 17
E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1433-1434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-205]
[[Page 1433]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61282; File No. SR-Phlx-2009-110]
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Allow
All SPY and IWM Option Series To Quote in Penny Increments
January 4, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 24, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 is filing with the Commission a proposal to quote all
series of options on SPDR S&P 500 Exchange Traded Funds (SPY) and
options on iShares Russell 2000 Index Funds (IWM) in penny increments
($0.01) pursuant to the Penny Pilot (``Penny Pilot'' or ``Pilot''),
effective February 1, 2010.\3\ This date corresponds with the phase-in
date for additional classes for the Penny Pilot.
---------------------------------------------------------------------------
\3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot); and 60874
(October 23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-
091) (notice of filing and immediate effectiveness expanding and
extending Penny Pilot through December 31, 2010). See also
Securities Exchange Act Release No. 60965 (November 9, 2009), 74 FR
59292 (November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot)
[sic].
---------------------------------------------------------------------------
The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\4\
---------------------------------------------------------------------------
\4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this filing is to enable the Exchange to quote all
series of options on SPDR S&P 500 Exchange Traded Funds (``SPY'') and
options on iShares Russell 2000 Index Funds (``IWM'') in penny
increments pursuant to the Penny Pilot, effective February 1, 2010.
In the Exchange's immediately effective filing to extend and expand
the Penny Pilot through December 31, 2010, the Exchange proposed
expanding the Pilot four times on a quarterly basis.\5\ In addition to
sixty-three options classes that were in the Penny Pilot, the Exchange
has recently added the next seventy-five most actively traded multiply
listed options classes based on the national average daily volume
(``ADV'') for the six months prior to selection, closing under $200 per
share on the Expiration Friday prior to expansion.\6\ The minimum
quotation variation for all classes included in the Pilot, except for
options on PowerShares QQQ (``QQQQ''),\7\ is $0.01 for all quotations
in option series that are quoted at less than $3.00 per contract, and
$0.05 for all quotations in option series that are quoted at $3.00 or
greater. Thus, the current minimum quoting increment for bids and
offers in SPY and IWM is $0.01 for all options series below $3.00 and
$0.05 for all options series $3.00 and above.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 60873 (October 23,
2009), 74 FR 56675 (November 2, 2009) (SR-Phlx-2009-91) (notice of
filing and immediate effectiveness).
\6\ The month immediately preceding the addition of options to
the Penny Pilot was not used for the purpose of the six month
analysis, and index option products were included only if the
underlying index levels were under 200. See Securities Exchange Act
Release No. 60966 (November 9, 2009), 74 FR 59331 (November 17,
2009) (SR-Phlx-2009-94) (notice of filing and immediate
effectiveness).
\7\ Options on QQQQ are quoted in $0.01 increments for all
series.
---------------------------------------------------------------------------
The Exchange now proposes to eliminate the $3.00 breakpoint that
exists for SPY and IWM and designate all options series of SPY and IWM
as eligible to quote in $0.01 increments, regardless of premium value.
The Exchange will communicate the proposed change to its membership via
an Options Trader Alert (``OTA'') posted on the Exchange's web site.
The Exchange notes that although the Pilot has contributed to some
increase in quote message traffic, it has been manageable by the
Exchange and the Options Price Reporting Authority (``OPRA''), with no
significant disruption in the dissemination of pricing information. The
Exchange believes that the benefits to public customers and other
market participants who are able to express their true prices to buy
and sell options have been demonstrated to outweigh the increase in
quote traffic. Moreover, the Exchange's rule change proposal is
sufficiently limited such that it is unlikely to increase quotation
message traffic beyond the capacity of the Exchange's or OPRA's
systems, or to disrupt the timely dissemination of information.
The Exchange believes that its proposal to eliminate the breakpoint
for penny quoting of all SPY and IWM option series should facilitate
the continuing narrowing of spreads, thereby lowering costs to the
benefit of investors.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system by allowing all SPY and IWM option
series to quote in penny intervals.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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
[[Page 1434]]
necessary or appropriate in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to Section
19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(6)(iii) thereunder \11\
because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative prior
to 30 days from the date on which it was filed, or such shorter time as
the Commission may designate.\12\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the Exchange to give the Commission written
notice of the Exchange's intent to file the proposed rule change
along with a brief description and the text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
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:
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-2009-110 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-2009-110. 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 the filing also will be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-
Phlx-2009-110 and should be submitted on or before February 1, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-205 Filed 1-8-10; 8:45 am]
BILLING CODE 8011-01-P