9464 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

48 15 U.S.C. 78o–3(b)(2). 

49 15 U.S.C. 78o–3(b)(4). 

50 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Conforming Changes Relating to the 

New FINRA Name and Other Technical 

Changes 

FINRA is proposing to implement 

certain other non-substantive changes to 

all articles of the NASD Dispute 

Resolution By-Laws. The proposed rule 

change would make certain nonsubstantive changes to the NASD 

Dispute Resolution By-Laws as follows: 

• ‘‘The NASD’’ or ‘‘NASD’’ would be 

replaced with ‘‘FINRA’’ or ‘‘the 

Corporation;’’ 

• ‘‘NASD Dispute Resolution’’ would 

be changed to ‘‘FINRA Dispute 

Resolution;’’ 

• ‘‘The Rules of the Association’’ 

would be replaced with ‘‘the Rules of 

the Corporation;’’ 

• ‘‘National Nominating Committee’’ 

would be replaced with ‘‘Nominating 

Committee;’’ 

• A reference to ‘‘FINRA Regulation’’ 

would be added; and 

• ‘‘Association’’ would be replaced 

with ‘‘Corporation.’’ 

FINRA is also proposing to amend 

Article II, section 2.1 to change the 

name and address of the registered agent 

from The Corporation Trust Company, 

1209 Orange Street, Wilmington, DE 

19801 to Corporation Creations Network 

Inc., 1308 Delaware Avenue, 

Wilmington, DE 19806. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A of the Act, including 

Section 15A(b)(2) of the Act,48 in that it 

provides for the organization of FINRA 

and FINRA Dispute Resolution in a 

manner that will permit FINRA to carry 

out the purposes of the Act, to comply 

with the Act, and to enforce compliance 

by FINRA members and persons 

associated with FINRA members with 

the Act, the rules and regulations 

thereunder, FINRA and NASD rules and 

the Federal securities laws. FINRA 

further believes that the proposed rule 

change is consistent with Section 

15A(b)(4) of the Act,49 which requires, 

among other things, that FINRA’s rules 

assure a fair representation of its 

members in the selection of its directors 

and administration of its affairs and 

provides that one or more directors shall 

be representative of issuers and 

investors and not be associated with a 

member of FINRA, broker or dealer. 

FINRA believes that the proposed 

composition of its Dispute Resolution 

Board would fairly and effectively 

represent users of the dispute resolution 

forum, and would help resolve dispute 

resolution issues in a manner that will 

redound to the benefit of investors. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA 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 by FINRA. 

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 self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve such 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–FINRA–2010–007 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–FINRA–2010–007. 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 (http://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. 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 the File Number SR–FINRA–2010– 

007 and should be submitted on or 

before March 23, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.50

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4235 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61577; File No. SR–BX– 

2010–017] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Extending the 

Effective Date of the Rule Governing 

the Exchange’s Directed Order 

Process on the Boston Options 

Exchange 

February 24, 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 February 

23, 2010, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. The 

Exchange filed the proposed rule change 

pursuant to Section 19(b)(3)(A) of the 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9465 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6). 

5Capitalized terms not otherwise defined herein 

shall have the meanings prescribed within the BOX 

Rules. 

6See Securities Exchange Act Release No. 53516 

(March 20, 2006), 71 FR 15232 (March 27, 2006) 

(SR–BSE–2006–14). 

7See Securities Exchange Act Release No. 53357 

(February 23, 2006), 71 FR 10730 (March 2, 2006) 

(SR–BSE–2005–52). 

8See Securities Exchange Act Release No. 54082 

(June 30, 2006), 71 FR 38913 (July 10, 2006) (SR– 

BSE–2006–29). 

9See Securities Exchange Act Release No. 54469 

(September 19, 2006), 71 FR 56201 (September 26, 

2006) (SR–BSE–2006–38). 

10See Securities Exchange Act Release No. 55139 

(January 19, 2007), 72 FR 3448 (January 25, 2007) 

(SR–BSE–2007–01). 

11See Securities Exchange Act Release No. 56014 

(July 5, 2007), 72 FR 38104 (July 12, 2007) (SR– 

BSE–2007–31). 

12See Securities Exchange Act Release No. 57195 

(January 24, 2008), 73 FR 5610 (January 30, 2008) 

(SR–BSE–2008–04). 

13See Securities Exchange Act Release No. 59311 

(January 28, 2009), 74 FR 6071 (February 4, 2009) 

(SR–BX–2009–007). 

14See Securities Exchange Act Release No. 59983 

(May 27, 2009), 74 FR 26445 (June 2, 2009) (SR– 

BX–2009–027). 

15See Securities Exchange Act Release No. 61065 

(November 25, 2009), 74 FR 62860 (December 1, 

2009) (SR–BX–2009–076). 

16 In the event that the issue of anonymity in the 

Directed Order process is not resolved by April 30, 

2010 the Exchange will consider whether to submit 

another filing under Rule 19b–4(f)(6) extending this 

rule and system process. 

17 15 U.S.C. 78f(b). 

18 15 U.S.C. 78f(b)(5). 

Act,3 and Rule 19b–4(f)(6) 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 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to extend the 

effective date of the amended rule 

governing the Exchange’s Directed 

Order process on the Boston Options 

Exchange (‘‘BOX’’) from February 26, 

2010 to April 30, 2010. The text of the 

proposed rule change is available from 

the principal office of the Exchange, at 

the Commission’s Public Reference 

Room and also on the Exchange’s 

Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 

On March 14, 2006, the Exchange 

proposed an amendment to the BOX 

Rules governing the Directed Order 5

process on BOX.6 The Rules were 

amended to clearly state that the BOX 

Trading Host identifies to an Executing 

Participant (‘‘EP’’) the identity of the 

firm entering a Directed Order. The 

amended rule was to be effective until 

June 30, 2006, (‘‘Pilot Program’’) while 

the Securities and Exchange 

Commission (‘‘Commission’’) considered 

a corresponding Exchange proposal 7 to 

amend its rules to permit EPs to choose 

the firms from whom they will accept 

Directed Orders, while providing 

complete anonymity of the firm entering 

a Directed Order. 

On June 20, 2006, the Exchange 

proposed extending the effective date of 

the rule governing its Directed Order 

process on BOX from June 30, 2006 to 

September 30, 2006,8 while the 

Commission continued to consider the 

corresponding Exchange proposal. 

On September 11, 2006, January 16, 

2007, July 2, 2007, January 18, 2008, 

January 26, 2009, May 21, 2009 and 

November 24, 2009 the Exchange 

proposed extending the effective date of 

the amended rule governing the 

Directed Order process on BOX from 

September 30, 2006 until January 31, 

2007,9 from January 31, 2007 until July 

31, 2007,10 from July 31, 2007 until 

January 31, 2008,11 from January 31, 

2008 until January 31, 2009,12 from 

January 31, 2009 until May 29, 2009,13

from May 29, 2009 until November 30, 

2009 14 and from November 30, 2009 

until February 26, 2010,15 respectively, 

while the Commission considered the 

corresponding Exchange proposal to 

amend the BOX Rules to permit EPs to 

choose the firms from whom they will 

accept Directed Orders, while providing 

complete anonymity of the firm entering 

a Directed Order. 

This filing from the Exchange again 

proposes extending the effective date of 

the amended rule governing its Directed 

Order process on BOX, from February 

26, 2010 to April 30, 2010.16 In the 

event the Commission reaches a 

decision with respect to the 

corresponding Exchange proposal to 

amend the BOX Rules before April 30, 

2010, the amended rule governing the 

Directed Order process on the BOX will 

cease to be effective at the time of that 

decision. 

2. Basis 

The amended rule is designed to 

clarify the information contained in a 

Directed Order. This proposed rule 

filing seeks to extend the amended 

rule’s effectiveness from February 26, 

2010 to April 30, 2010. This extension 

will afford the Commission the 

necessary time to consider the 

Exchange’s corresponding proposal to 

amend the BOX rule to permit EPs to 

choose the firms from whom they will 

accept Directed Orders while providing 

complete anonymity of the firm entering 

a Directed Order. Accordingly, the 

Exchange believes that the proposal is 

consistent with the requirements of 

Section 6(b) of the Act,17 in general, and 

Section 6(b)(5) of the Act,18 in 

particular, in that it is designed 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 for a free 

and open market and a national market 

system and, in general, to protect 

investors and the public interest. 

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 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 neither solicited 

nor received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (1) Does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms does not become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

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9466 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

19 15 U.S.C. 78s(b)(3)(A). 

20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and 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 

Commission deems this requirement to have been 

met. 

21 17 CFR 240.19b–4(f)(6). 

22 17 CFR 240.19b–4(f)(6)(iii). 

23 Id. 

24For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 25 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) 19 of the Act and 

Rule 19b–4(f)(6) thereunder.20

A proposed rule change filed under 

Rule 19b–4(f)(6) 21 normally may not 

become operative prior to 30 days after 

the date of filing. However, Rule 19b– 

4(f)(6)(iii) 22 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange requests that the Commission 

waive the 30-day operative delay, as 

specified in Rule 19b–4(f)(6)(iii),23

which would make the rule change 

effective and operative upon filing. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver 

would continue to conform the BOX 

rules to BOX’s current practice without 

interruption and clarify that Directed 

Orders on BOX are not anonymous.24

Accordingly, the Commission 

designates the proposed rule change 

operative upon filing with the 

Commission. 

At any time within 60 days of the 

filing of such 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–BX–2010–017 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–2010–017. 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 (http://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 on official business 

days between the hours of 10 a.m. and 

3 p.m., located at 100 F Street, NE., 

Washington, DC 20549. 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– 

2010–017 and should be submitted on 

or before March 23, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.25

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4236 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61579: File No. SR–BX– 

2010–015] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Codify 

Certain Provisions of the Options 

Listing Procedures Plan Into the Rules 

of the Boston Options Exchange 

Facility 

February 24, 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 February 

10, 2010, NASDAQ OMX BX, Inc. (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 Exchange filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 3 and 

Rule 19b–4(f)(6) 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 Exchange proposes to amend the 

Rules of the Boston Options Exchange 

Group, LLC (‘‘BOX’’) to codify certain 

provisions of the Options Listing 

Procedures Plan (‘‘OLPP’’) into the BOX 

Rules. The text of the proposed rule 

change is available from the principal 

office of the Exchange, at the 

Commission’s Public Reference Room, 

on the Exchange’s Internet Web site at 

http://nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/, and on the 

Commission’s Web site at http:// 

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 

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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES