Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7034 To Extend the Waiver of Certain Co-Location Installation Fees for an Additional Month, 41534-41536 [2011-17679]
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41534
Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
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publication of this notice, persons may
submit written comments regarding the
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will consider and, if appropriate,
respond to these comments, but such
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of July 2011.
For the Nuclear Regulatory Commission.
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Project Manager, Licensing Branch, Division
of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2011–17733 Filed 7–13–11; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
wreier-aviles on DSKGBLS3C1PROD with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on July 14, 2011 at 10.m., in the
Auditorium, Room L–002, to hear oral
argument in an appeal by Comverse
Technology, Inc. from an initial
decision of an administrative law judge.
Comverse is a New York corporation
that provides a variety of services in the
telecommunications industry through
its subsidiaries. Comverse’s common
VerDate Mar<15>2010
14:55 Jul 13, 2011
Jkt 223001
stock is registered with the Commission
pursuant to Section 12(g) of the
Securities Exchange Act of 1934.
On July 22, 2010, the law judge issued
his decision finding that Comverse had
violated Securities Exchange Act
Section 13(a) and Exchange Act Rules
13a–1 and 13a–13 by failing to file
quarterly and annual reports for any
period after October 31, 2005. The law
judge revoked the registration of
Comverse’s common stock. Subsequent
to the issuance of the law judge’s
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Comverse does not appeal the law
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contact the Office of the Secretary at
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At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
July 12, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–17855 Filed 7–12–11; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64840; File No. SR–BX–
2011–043]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
7034 To Extend the Waiver of Certain
Co-Location Installation Fees for an
Additional Month
July 8, 2011.
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 July 1,
2011, NASDAQ OMX BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
PO 00000
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Fmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 7034 to extend the waiver of fees
assessed for the installation of certain
co-location services for an additional
month. The text of the proposed rule
change is available at https://
nasdaqomxbx.cchwallstreet.com, at the
Exchange’s principal office, at the
Commission’s Public Reference Room,
and at the Commission’s Web site at
https://www.sec.gov.
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 Exchange proposes to amend
Rule 7034 to extend for a one-month
period the initial waiver of fees assessed
for the installation of certain co-location
services, in order to provide its existing
and potential new customers a full
opportunity to avail themselves of the
waiver. The initial waiver of fees for the
installation of certain co-location
services commenced June 1, 2011 and
ended June 30, 2011.3 Since the initial
waiver, there has been significant
demand for the select co-location
services by existing customers, as well
as new customers. However, the
Exchange has become aware that a
significant number of new and existing
customers are unable to complete their
requests by June 30, 2011 due to the
need for additional time to order new
equipment to be housed in the cabinets,
or, to complete the internal approval
3 See Securities Exchange Act Release No. 64631
(June 8, 2011), 76 FR 34785 (June 14, 2011) (SR–
BX–2011–032).
1 15
Frm 00087
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.
Sfmt 4703
E:\FR\FM\14JYN1.SGM
14JYN1
Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
persons using any facility or system
which the Exchange operates or
controls. The proposed fee waiver is
reasonable because it provides an
opportunity for all new customers and
all existing customer [sic] that desire
additional cabinet space to obtain that
space without incurring fees. This
decrease in fees provided a savings of
over $100,000 to customers that took
advantage of the fee waiver during the
month of June. In addition, the
Exchange believes that the fee waiver
results in an equitable allocation of fees
among the members of the Exchange.
Specifically, the Exchange believes that
by encouraging new and existing colocation customers to increase their
presence in the Exchange’s data center,
the Exchange will generate additional
order execution and data consumption
activity. If it materializes, such an
increase in activity would assist the
Exchange in controlling the charges it
imposes on members generally for their
use of a variety of Exchange services.
The waiver of fees is also equitably
allocated since all existing and potential
co-location customers may avail
themselves of the waiver during the
period of availability. Notably, during
June 2011, the preponderance of
customers availing themselves of the
waiver were existing, rather than new
customers, demonstrating the benefit of
the program to a variety of members.
Finally, extending the program for a
month will ensure that several
customers that have expressed an
interest in expanding their data center
presence but that have not yet been able
to do so will have the opportunity to
benefit from the waiver.
2. Statutory Basis
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
wreier-aviles on DSKGBLS3C1PROD with NOTICES
process for the ongoing monthly fees
that will be incurred as part of the
service. Therefore, the Exchange
proposes to extend the waiver of fees
until July 29, 2011 (the ‘‘extended
period’’). Beginning August 1, 2011, the
above-referenced waived fees will revert
to the amount in effect prior to June 1,
2011. The Exchange proposes to extend
the waiver of the following installation
fees during the extended period:
1. Rule 7034(a): Installation fees for
new cabinets with power.
2. Rule 7034(b): Installation fees for
external telecommunication, intercabinet connectivity, connectivity to
The Nasdaq Stock Market LLC and
market data connectivity related to an
order for a new cabinet. However, the
one-time telecommunication
connectivity expedite fee 4 will not be
waived during the extended period.
3. Rule 7034(c): Installation fees for
cabinet power related to an order for a
new cabinet.
4. Rule 7034(d): Installation fees for
cooling fans, perforated floor tiles and
fiber downspouts, which are necessary
items to support a higher density
cabinet and fiber cross connects,
relating to an order for a new cabinet
placed during the extended period.
Installation fees for other items that are
customized or options are not waived
during the extended period.
The following requirements must be
met to receive the waiver of the
installation fee:
1. The new cabinet order must be
placed in the CoLo Console 5 during the
extended period; and
2. The new cabinet must be live
within 90 days of the date of the order.6
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.
The Exchange believes that the
extension of the waiver of fees for
certain co-location services is equitable
because all customers may avail
themselves of the waiver.
4 The one-time telecommunication connectivity
expedite fee is a fee for an optional request to
complete the installation in a shorter time period
than the install timeframes.
5 The ‘‘CoLo Console’’ is web-based ordering tool
that is utilized by NASDAQ to place co-location
orders.
6 Exchange staff generally installs and makes
operational a new cabinet within 90 days of the
date of the order (the ‘‘live date’’). The estimated
live date is communicated to the customer.
However, there may be instances where the
customer desires the live date to be later than the
estimated live date provided by Exchange staff. In
such instances, the live date cannot extend beyond
90 days of the date of the order.
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
14:55 Jul 13, 2011
Jkt 223001
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
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
41535
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–2011–043 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–2011–043. 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 the filing also
will be available for inspection and
9 15
E:\FR\FM\14JYN1.SGM
U.S.C. 78s(b)(3)(a)(ii).
14JYN1
41536
Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
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–2011–043 and should
be submitted on or before August 4,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Cathy H. Ahn,
Deputy Secretary.
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.
BILLING CODE 8011–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
1. Purpose
[FR Doc. 2011–17679 Filed 7–13–11; 8:45 am]
[Release No. 34–64842; File No. SR–Phlx–
2011–97]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX PHLX LLC To Extend the Waiver
of Certain Co-Location Installation
Fees for an Additional Month
July 8, 2011.
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 July 1,
2011, NASDAQ OMX PHLX LLC
(‘‘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 proposes to amend the
Fee Schedule to extend the waiver of
fees assessed for the installation of
certain co-location services for an
additional month.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com/, at
the principal office of the Exchange, at
the Commission’s Public Reference
Room, and at the Commission’s Web
site at https://www.sec.gov.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
The Exchange proposes to amend the
Phlx Fee Schedule to extend for a onemonth period the initial waiver of fees
assessed for the installation of certain
co-location services, in order to provide
its existing and potential new customers
a full opportunity to avail themselves of
the waiver. The initial waiver of fees for
the installation of certain co-location
services commenced June 1, 2011 and
ended June 30, 2011.3 Since the initial
waiver, there has been significant
demand for the select co-location
services by existing customers, as well
as new customers. However, the
Exchange has become aware that a
significant number of new and existing
customers are unable to complete their
requests by June 30, 2011 due to the
need for additional time to order new
equipment to be housed in the cabinets,
or, to complete the internal approval
process for the ongoing monthly fees
that will be incurred as part of the
service. Therefore, the Exchange
proposes to extend the waiver of fees
until July 29, 2011 (the ‘‘extended
period’’). Beginning August 1, 2011, the
above-referenced waived fees will revert
to the amount in effect prior to June 1,
2011. The Exchange proposes to extend
the waiver of the following installation
fees during the extended period:
1. Section X(a): Installation fees for
new cabinets with power.
2. Section X(b): Installation fees for
external telecommunication, intercabinet connectivity, connectivity to
The Nasdaq Stock Market LLC and
market data connectivity related to an
order for a new cabinet. However, the
one-time telecommunication
10 17
1 15
VerDate Mar<15>2010
14:55 Jul 13, 2011
3 See Securities Exchange Act Release No. 64629
(June 8, 2011) (SR–Phlx–2011–77).
Jkt 223001
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
connectivity expedite fee 4 will not be
waived during the extended period.
3. Section X(c): Installation fees for
cabinet power related to an order for a
new cabinet.
4. Section X(d): Installation fees for
cooling fans, perforated floor tiles and
fiber downspouts, which are necessary
items to support a higher density
cabinet and fiber cross connects,
relating to an order for a new cabinet
placed during the extended period.
Installation fees for other items that are
customized or options are not waived
during the extended period.
The following requirements must be
met to receive the waiver of the
installation fee:
1. The new cabinet order must be
placed in the CoLo Console 5 during the
designated period; and
2. The new cabinet must be live
within 90 days of the date of the order.6
2. Statutory Basis
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 Exchange operates or
controls. The proposed fee waiver is
reasonable because it provides an
opportunity for all new customers and
all existing customer [sic] that desire
additional cabinet space to obtain that
space without incurring fees. This
decrease in fees provided a savings of
over $100,000 to customers that took
advantage of the fee waiver during the
month of June. In addition, the
Exchange believes that the fee waiver
results in an equitable allocation of fees
among the members of the Exchange.
Specifically, the Exchange believes that
by encouraging new and existing colocation customers to increase their
presence in the Exchange’s data center,
the Exchange will generate additional
4 The one-time telecommunication connectivity
expedite fee is a fee for an optional request to
complete the installation in a shorter time period
than the install timeframes.
5 The ‘‘CoLo Console’’ is a Web-based ordering
tool that is utilized by Phlx to place co-location
orders.
6 Exchange staff generally installs and makes
operational a new cabinet within 90 days of the
date of the order (the ‘‘live date’’). The estimated
live date is communicated to the customer.
However, there may be instances where the
customer desires the live date to be later than the
estimated live date provided by Exchange staff. In
such instances, the live date cannot extend beyond
90 days of the date of the order.
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41534-41536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17679]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64840; File No. SR-BX-2011-043]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7034 To Extend the Waiver of Certain Co-Location Installation Fees
for an Additional Month
July 8, 2011.
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 July 1, 2011, NASDAQ OMX BX, Inc. (``BX'' 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 Rule 7034 to extend the waiver of
fees assessed for the installation of certain co-location services for
an additional month. The text of the proposed rule change is available
at https://nasdaqomxbx.cchwallstreet.com, at the Exchange's principal
office, at the Commission's Public Reference Room, and at the
Commission's Web site at https://www.sec.gov.
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 Exchange proposes to amend Rule 7034 to extend for a one-month
period the initial waiver of fees assessed for the installation of
certain co-location services, in order to provide its existing and
potential new customers a full opportunity to avail themselves of the
waiver. The initial waiver of fees for the installation of certain co-
location services commenced June 1, 2011 and ended June 30, 2011.\3\
Since the initial waiver, there has been significant demand for the
select co-location services by existing customers, as well as new
customers. However, the Exchange has become aware that a significant
number of new and existing customers are unable to complete their
requests by June 30, 2011 due to the need for additional time to order
new equipment to be housed in the cabinets, or, to complete the
internal approval
[[Page 41535]]
process for the ongoing monthly fees that will be incurred as part of
the service. Therefore, the Exchange proposes to extend the waiver of
fees until July 29, 2011 (the ``extended period''). Beginning August 1,
2011, the above-referenced waived fees will revert to the amount in
effect prior to June 1, 2011. The Exchange proposes to extend the
waiver of the following installation fees during the extended period:
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 64631 (June 8,
2011), 76 FR 34785 (June 14, 2011) (SR-BX-2011-032).
---------------------------------------------------------------------------
1. Rule 7034(a): Installation fees for new cabinets with power.
2. Rule 7034(b): Installation fees for external telecommunication,
inter-cabinet connectivity, connectivity to The Nasdaq Stock Market LLC
and market data connectivity related to an order for a new cabinet.
However, the one-time telecommunication connectivity expedite fee \4\
will not be waived during the extended period.
---------------------------------------------------------------------------
\4\ The one-time telecommunication connectivity expedite fee is
a fee for an optional request to complete the installation in a
shorter time period than the install timeframes.
---------------------------------------------------------------------------
3. Rule 7034(c): Installation fees for cabinet power related to an
order for a new cabinet.
4. Rule 7034(d): Installation fees for cooling fans, perforated
floor tiles and fiber downspouts, which are necessary items to support
a higher density cabinet and fiber cross connects, relating to an order
for a new cabinet placed during the extended period. Installation fees
for other items that are customized or options are not waived during
the extended period.
The following requirements must be met to receive the waiver of the
installation fee:
1. The new cabinet order must be placed in the CoLo Console \5\
during the extended period; and
---------------------------------------------------------------------------
\5\ The ``CoLo Console'' is web-based ordering tool that is
utilized by NASDAQ to place co-location orders.
---------------------------------------------------------------------------
2. The new cabinet must be live within 90 days of the date of the
order.\6\
---------------------------------------------------------------------------
\6\ Exchange staff generally installs and makes operational a
new cabinet within 90 days of the date of the order (the ``live
date''). The estimated live date is communicated to the customer.
However, there may be instances where the customer desires the live
date to be later than the estimated live date provided by Exchange
staff. In such instances, the live date cannot extend beyond 90 days
of the date of the order.
---------------------------------------------------------------------------
2. Statutory Basis
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 Exchange operates or controls. The proposed fee waiver
is reasonable because it provides an opportunity for all new customers
and all existing customer [sic] that desire additional cabinet space to
obtain that space without incurring fees. This decrease in fees
provided a savings of over $100,000 to customers that took advantage of
the fee waiver during the month of June. In addition, the Exchange
believes that the fee waiver results in an equitable allocation of fees
among the members of the Exchange. Specifically, the Exchange believes
that by encouraging new and existing co-location customers to increase
their presence in the Exchange's data center, the Exchange will
generate additional order execution and data consumption activity. If
it materializes, such an increase in activity would assist the Exchange
in controlling the charges it imposes on members generally for their
use of a variety of Exchange services. The waiver of fees is also
equitably allocated since all existing and potential co-location
customers may avail themselves of the waiver during the period of
availability. Notably, during June 2011, the preponderance of customers
availing themselves of the waiver were existing, rather than new
customers, demonstrating the benefit of the program to a variety of
members. Finally, extending the program for a month will ensure that
several customers that have expressed an interest in expanding their
data center presence but that have not yet been able to do so will have
the opportunity to benefit from the waiver.
---------------------------------------------------------------------------
\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. The
Exchange believes that the extension of the waiver of fees for certain
co-location services is equitable because all customers may avail
themselves of the waiver.
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.
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\9\ 15 U.S.C. 78s(b)(3)(a)(ii).
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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-2011-043 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-2011-043. 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 the filing also will be available for inspection and
[[Page 41536]]
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-2011-043 and
should be submitted on or before August 4, 2011.
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\10\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17679 Filed 7-13-11; 8:45 am]
BILLING CODE 8011-01-P
