Self-Regulatory Organizations; The NASDAQ OMX BX Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Change Implementation Date for Direct Access Fees, 78795-78797 [2010-31628]
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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
Connection service type
1 Gb Copper .........................
1 Gb Fiber ............................
10 Gb Fiber ..........................
Annual fee per
physical port
$5,000
7,500
10,000
Beginning January 1, 2011, the
Exchange proposes to amend these
physical port fees to offer Members and
non-members the option of being
charged month to month. The fees will
be 20% higher on a monthly basis to
offset increased administrative costs
associated with processing monthly
payments. The proposed monthly fees
based on connectivity service type are
as follows:
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.
srobinson on DSKHWCL6B1PROD with NOTICES
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) of
Annual fee per the Act 9 and Rule 19b–4(f)(2) 10
Connection service type
physical port
thereunder. At any time within 60 days
1 Gb Copper .........................
$500 of the filing of such proposed rule
1 Gb Fiber ............................
750 change, the Commission summarily may
10 Gb Fiber ..........................
1,000 temporarily suspend such rule change if
it appears to the Commission that such
The Exchange will implement the
action is necessary or appropriate in the
proposed rule change on January 1,
public interest, for the protection of
2011.
investors, or otherwise in furtherance of
the purposes of the Act.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of the Act,7 in general,
and furthers the objectives of Section
6(b)(4),8 in particular, as it is designed
to provide for the equitable allocation of
reasonable dues, fees and other charges
among its Members and other persons
using its facilities. The Exchange
believes that its proposed logical and
physical port fees are reasonable in light
of the benefits to members and nonmembers. In addition, the Exchange
believes that its fees are equitably
allocated among its constituents based
upon the number of access ports that
they require to submit orders to the
Exchange. Furthermore, the fees
associated with logical and physical
ports will be equitably allocated to all
constituents as the fees will be uniform
in application to all Members and nonmembers. Finally, the Exchange believes
that the fees obtained will enable it to
cover its infrastructure costs associated
with allowing Members and nonmembers to establish logical and
physical ports to connect to the
Exchange’s systems and continue to
maintain and improve its infrastructure,
market technology, and services.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
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–EDGX–2010–21 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–EDGX–2010–21. 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 Web site viewing and
printing 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 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–EDGX–
2010–21 and should be submitted on or
before January 6, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–31627 Filed 12–15–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63521; File No. SR–BX–
2010–089]
Self-Regulatory Organizations; The
NASDAQ OMX BX Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Change
Implementation Date for Direct Access
Fees
December 10, 2010.
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 December 9, 2010,
The NASDAQ BX OMX, Inc. LLC (‘‘BX’’
or ‘‘The 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 self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
11 17
7 15
U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
18:00 Dec 15, 2010
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
9 15
U.S.C. 78s(b)(3).
10 17 CFR 240.19b-4(f)(2).
Jkt 223001
PO 00000
Frm 00129
Fmt 4703
1 15
Sfmt 4703
78795
E:\FR\FM\16DEN1.SGM
16DEN1
78796
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes a rule change
to assess ‘‘direct access’’ fees on
customers receiving Exchange data
within the Exchange’s co-location
facility beginning on January 1, 2011,
rather than December 1, 2010. Direct
access fees applicable to such customers
were Noticed [sic] in SR–BX–2010–
081,3 immediately effective as of the
filing on November 24, 2010, with an
implementation date of December 1,
2010. In order to assure complete and
clear prior notification to all affected
customers, the Exchange is changing the
implementation date of the fee schedule
change to January 1, 2011.
This change does not require a change
in the language of the rule itself.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, BX
included statements concerning the
purpose of and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. BX has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
srobinson on DSKHWCL6B1PROD with NOTICES
1. Purpose
In SR–BX–2010–081,4 the Exchange
amended its fee schedule to correct an
anomaly that effectively exempted
certain customers residing within the
Exchange’s co-location facility from
paying a monthly fee for direct access to
Exchange data, while customers that
receive data from an extranet and reside
outside the co-location facility are
assessed the fee. The inequity was a
result of the definition of ‘‘direct access’’
in the fee schedule, which did not by its
terms clearly apply to data feeds
provided to customers through
distributors located within the colocated facility. That rule filing
expanded the definition of ‘‘direct
access’’ and operated to assess the same
direct access fee on all firms that have
access to the Exchange’s raw data feeds,
whether co-located or not.
The Notice of Filing and Immediate
Effectiveness for this fee contained an
implementation date of December 1,
2010. The effort to identify and notify
all customers potentially affected by this
rule change, however, has proven more
time-consuming than expected. To
assure that all customers that will be
assessed the direct access fee have
adequate prior notification, the
Exchange is delaying implementation of
the fee until January 1, 2011. None of
the co-located customers that would
have been newly subject to the direct
access fee during December 2010 as a
result of the fee amendment in SR–BX–
2010–081 will be charged this fee
during December 2010.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and with Sections 6(b)(5) of
the Act,6 in particular. The proposal 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
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. The filing ensures clear
and complete prior notification to
customers affected by a fee change that
permits transparent, uniform fees for
direct access to Exchange data for all
customers, whether co-located or not.
In addition, the Exchange believes
that the proposed rule change is
consistent with the provisions of
Section 6 of the Act,7 in general, and
with 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 members
and issuers and other persons using any
facility or system which The [sic]
Exchange operates or controls. The
Exchange notes that delayed
implementation of the amendment will
best serve the interests of customers
affected by the fee change.
5 15
3 Securities
Exchange Act Release No. 63442
(December 6, 2010) (SR–BX–2010–081).
4 Id.
VerDate Mar<15>2010
18:00 Dec 15, 2010
Jkt 223001
U.S.C. 78f.
U.S.C. 78f(b)(5).
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
6 15
PO 00000
Frm 00130
Fmt 4703
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.9 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or 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–BX–2010–089 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–2010–089. 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
9 15
Sfmt 4703
E:\FR\FM\16DEN1.SGM
U.S.C. 78s(b)(3)(a)(ii).
16DEN1
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
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 Web site viewing and
printing 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
available publicly. All submissions
should refer to File Number SR–BX–
2010–089 and should be submitted on
or before January 6, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–31628 Filed 12–15–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63522; File No. SR–Phlx2010–175]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX PHLX LLC To Change
Implementation Date for Direct Access
Fees
srobinson on DSKHWCL6B1PROD with NOTICES
December 10, 2010.
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 December
9, 2010, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or the ‘‘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 self-regulatory
organization. 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 a rule change
to assess ‘‘direct access’’ fees on
customers receiving Exchange data
within the Exchange’s co-location
facility beginning on January 1, 2011,
rather than December 1, 2010. Direct
access fees applicable to such customers
were Noticed [sic] in SR–PHLX–2010–
170,3 immediately effective as of the
filing on November 24, 2010, with an
implementation date of December 1,
2010. In order to assure complete and
clear prior notification to all affected
customers, the Exchange is changing the
implementation date of the fee schedule
change to January 1, 2011.
This change does not require a change
in the language of the rule itself.
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
In SR–PHLX–2010–170,4 the
Exchange amended its fee schedule to
correct an anomaly that effectively
exempted certain customers residing
within the Exchange’s co-location
facility from paying a monthly fee for
direct access to Exchange data, while
customers that receive data from an
extranet and reside outside the colocation facility are assessed the fee.
The inequity was a result of the
definition of ‘‘direct access’’ in the fee
schedule, which did not by its terms
clearly apply to data feeds provided to
customers through distributors located
within the co-located facility. That rule
filing expanded the definition of ‘‘direct
access’’ and operated to assess the same
direct access fee on all firms that have
access to the Exchange’s raw data feeds,
whether co-located or not.
The Notice of Filing and Immediate
Effectiveness for this fee contained an
implementation date of December 1,
2010. The effort to identify and notify
all customers potentially affected by this
rule change, however, has proven more
time-consuming than expected. To
assure that all customers that will be
assessed the direct access fee have
adequate prior notification, the
Exchange is delaying implementation of
the fee until January 1, 2011. None of
the co-located customers that would
have been newly subject to the direct
access fee during December 2010 as a
result of the fee amendment in SR–
PHLX–2010–170 will be charged this fee
during December 2010.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and with Sections 6(b)(5) of
the Act,6 in particular. The proposal 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
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. The filing ensures clear
and complete prior notification to
customers affected by a fee change that
permits transparent, uniform fees for
direct access to Exchange data for all
customers, whether co-located or not.
In addition, the Exchange believes
that the proposed rule change is
consistent with the provisions of
Section 6 of the Act,7 in general, and
with 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 members
and issuers and other persons using any
facility or system which The [sic]
Exchange operates or controls. The
Exchange notes that delayed
implementation of the amendment will
best serve the interests of customers
affected by the fee change.
5 15
10 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Mar<15>2010
18:00 Dec 15, 2010
3 Securities
Exchange Act Release No. 63443
(December 6, 2010) (SR–Phlx–2010–170).
4 Id.
Jkt 223001
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
78797
U.S.C. 78f.
U.S.C. 78f(b)(5).
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
6 15
E:\FR\FM\16DEN1.SGM
16DEN1
]]>Agencies
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78795-78797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31628]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63521; File No. SR-BX-2010-089]
Self-Regulatory Organizations; The NASDAQ OMX BX Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Change
Implementation Date for Direct Access Fees
December 10, 2010.
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 December 9, 2010, The NASDAQ BX OMX, Inc. LLC (``BX'' or ``The
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 self-regulatory
organization. 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.
---------------------------------------------------------------------------
[[Page 78796]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes a rule change to assess ``direct access''
fees on customers receiving Exchange data within the Exchange's co-
location facility beginning on January 1, 2011, rather than December 1,
2010. Direct access fees applicable to such customers were Noticed
[sic] in SR-BX-2010-081,\3\ immediately effective as of the filing on
November 24, 2010, with an implementation date of December 1, 2010. In
order to assure complete and clear prior notification to all affected
customers, the Exchange is changing the implementation date of the fee
schedule change to January 1, 2011.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 63442 (December 6, 2010)
(SR-BX-2010-081).
---------------------------------------------------------------------------
This change does not require a change in the language of the rule
itself.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, BX included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. BX has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
In SR-BX-2010-081,\4\ the Exchange amended its fee schedule to
correct an anomaly that effectively exempted certain customers residing
within the Exchange's co-location facility from paying a monthly fee
for direct access to Exchange data, while customers that receive data
from an extranet and reside outside the co-location facility are
assessed the fee. The inequity was a result of the definition of
``direct access'' in the fee schedule, which did not by its terms
clearly apply to data feeds provided to customers through distributors
located within the co-located facility. That rule filing expanded the
definition of ``direct access'' and operated to assess the same direct
access fee on all firms that have access to the Exchange's raw data
feeds, whether co-located or not.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
The Notice of Filing and Immediate Effectiveness for this fee
contained an implementation date of December 1, 2010. The effort to
identify and notify all customers potentially affected by this rule
change, however, has proven more time-consuming than expected. To
assure that all customers that will be assessed the direct access fee
have adequate prior notification, the Exchange is delaying
implementation of the fee until January 1, 2011. None of the co-located
customers that would have been newly subject to the direct access fee
during December 2010 as a result of the fee amendment in SR-BX-2010-081
will be charged this fee during December 2010.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular. The proposal 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 regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The filing ensures clear and
complete prior notification to customers affected by a fee change that
permits transparent, uniform fees for direct access to Exchange data
for all customers, whether co-located or not.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In addition, the Exchange believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\7\ in general,
and with 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 members and issuers and other persons using any
facility or system which The [sic] Exchange operates or controls. The
Exchange notes that delayed implementation of the amendment will best
serve the interests of customers affected by the fee change.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f.
\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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\9\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend 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. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(a)(ii).
---------------------------------------------------------------------------
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-2010-089 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-2010-089. 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
[[Page 78797]]
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 Web site viewing and printing 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 available publicly. All submissions
should refer to File Number SR-BX-2010-089 and should be submitted on
or before January 6, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
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\10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2010-31628 Filed 12-15-10; 8:45 am]
BILLING CODE 8011-01-P
