Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 39981 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

Commission after August 31, even 

though they do not take effect until 

January 1 of the following year. The 

Commission indicated that if a product 

is found to violate the Postal 

Accountability and Enhancement Act 

(PAEA), e.g., does not satisfy section 

3633(a)(2), the Postal Service may be 

without a suitable remedy until the rate 

change is permitted for the following 

year. Id. at 9. The Commission, 

therefore, appreciates the Postal 

Service’s filing the 2010 rates well in 

advance of the August 31, 2009 UPU 

deadline. 

In its Notice, the Postal Service 

indicates that the rates to take effect in 

2010 are divided into two tiers. Tier one 

applies to postal operators with a 

performance-level agreement, such as 

EMS Pay-for-performance Plan 

participants and Kahala Posts Group. 

Tier two applies to all other postal 

operators that transmit EMS to the 

United States. Notice at 2–3. The Postal 

Service provided a listing of countries 

in each tier, noting that this list may be 

subject to change on January 1, 2010. 

Id.; Attachment 3. 

The Postal Service states that the 

China Post Group, whose inbound EMS 

rates were established by a bilateral 

agreement approved by the Commission 

in Docket Nos. CP2008–6 and CP2008– 

7, is expected to join Tier 1 grouping. 

Id. at 3. The parties have agreed to have 

the bilateral agreement expire at the end 

of the one-year term. Id. at 3. 

The Postal Service maintains that the 

rates, related financial information, and 

certain portions of the certified 

statement required by 39 CFR 

3015.5(c)(2), should remain under seal. 

Id. at 4. 

III. Notice of Filing 

The Commission establishes Docket 

No. CP2009–57 for consideration of 

matters related to the issues identified 

in the Postal Service’s Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s contract is consistent with the 

policies of 39 U.S.C. 3632, 3622 or 3642. 

Comments are due no later than August 

12, 2009. The public portions of these 

filings can be accessed via the 

Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Paul L. 

Harrington as Public Representative in 

this proceeding. 

IV. Supplemental Information 

Pursuant to 39 CFR 3015.6, the 

Commission requests the Postal Service 

to provide the following supplemental 

information by no later than August 10, 

2009: 

1. Please provide the 2010 EMS Pay 

for Performance Plan that will apply to 

EMS Cooperative members. 

2. Please provide the Postal Service’s 

EMS Cooperative Report Cards, 

including performance measurements, 

for calendar year 2008 and the first three 

quarters of 2009, if available. 

3. In Excel file 

WP_Inbound_EMS_2009.07.28, 

worksheet 02_Narrative, cell C107, the 

Postal Service makes an assumption 

about arrival scan performance. Please 

explain this assumption further, its 

rationale, and how its application 

comports with the provisions of the 

2010 EMS Pay for Performance Plan and 

the Postal Service’s performance. 

V. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2009–57 for consideration of the 

issues raised in this docket. 

2. Comments by interested persons in 

these proceedings are due no later than 

August 12, 2009. 

3. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: August 4, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–19083 Filed 8–7–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

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 a Closed Meeting 

on Thursday, August 13, 2009 at 1 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Paredes, as duty 

officer, voted to consider the items 

listed for the Closed Meeting in a closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

August 13, 2009 will be: 

Institution and settlement of injunctive 

actions; 

institution and settlement of 

administrative proceedings; 

adjudicatory matters; and 

other matters relating to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: August 6, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–19234 Filed 8–6–09; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60416; File No. SR–BX– 

2009–045] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Order Granting Accelerated 

Approval of Proposed Rule Change To 

Amend the Fee Schedule of the Boston 

Options Exchange Group, LLC 

July 31, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on July 31, 

2009, NASDAQ OMX BX, Inc. (‘‘BX’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

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 and 

grant accelerated approval of the 

proposed rule change. 


rmajette on DSK29S0YB1PROD with NOTICES
39982 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 

4See SR–BX–2009–044. 

5The Non-Penny Pilot Class Pricing Structure 

applies to all classes listed for trading on BOX that 

are not included in the Penny Pilot Program, as 

referenced in Chapter V, Section 33 of the BOX 

Rules (‘‘Non-Penny Pilot Classes’’). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

8 In approving this rule change, the Commission 

notes that it has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is proposing an 

amendment to the Fee Schedule of the 

Boston Options Exchange Group, LLC 

(‘‘BOX’’). 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 III below, 

and the most significant aspects of such 

statements are set forth in Sections A, B, 

and C below. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange recently submitted a 

proposed rule change 4 with the 

Commission which added the NonPenny Pilot Class Pricing Structure as 

Section 8 of the BOX Fee Schedule.5

Executions on BOX in these Non-Penny 

Pilot Classes resulting from orders sent 

via the InterMarket Linkage System 

(‘‘Linkage Orders’’) are currently subject 

to ‘‘standard’’ billing on BOX. 

In conjunction with the above 

referenced rule change the Exchange is 

now proposing to apply the Non-Penny 

Pilot Class Pricing Structure to all 

Linkage Orders in Non-Penny Pilot 

Classes sent to and executed on BOX. If 

approved, this proposal will conform 

Linkage Fees with the fees charged to 

BOX Participants for transactions in the 

in [sic] same Non-Penny Pilot Classes. 

For example, an inbound Linkage 

Order, whether a P or P/A Order, routed 

to BOX from an away market executes 

against an order resting on the BOX 

Book. The inbound Linkage Order is the 

remover of liquidity. The inbound 

Linkage Order will receive a $0.30 

credit according to the Non-Penny Pilot 

Class pricing structure. The inbound 

Linkage Order will ultimately receive a 

$0.10 credit in total (the $0.30 NonPenny Pilot Class Pricing Structure 

credit less the standard $0.20 inbound 

Linkage Order transaction fee). Prior to 

this proposal the inbound Linkage 

Order would be charged $0.20 in total. 

Alternatively, a Public Customer 

order is entered into the BOX Trading 

Host and is routed to an away market as 

an outbound Linkage Order. The Public 

Customer’s Linkage Order is the 

remover of liquidity from the BOX 

Book. The Public Customer will 

ultimately receive a $0.30 total credit 

according to the Non-Penny Pilot Class 

pricing structure as the standard 

transaction fee for the routing of Linkage 

Orders by BOX to away markets is free. 

Prior to this proposal the Public 

Customer’s routed order neither 

received a credit nor was charged a fee. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,6

in general, and Section 6(b)(4) of the 

Act,7 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees, and other charges among its 

members and issuers and other persons 

using its facilities. In particular, the 

proposed change will allow the fees 

charged on BOX to remain competitive 

with other exchanges. 

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. 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– 

2009–045 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–2009–045. 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 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 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–2009–045 and should 

be submitted on or before August 31, 

2009. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of the 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.8 In 


rmajette on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 39983 

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 17 CFR 240.19b–4(f)(2). 

5Registration fees are currently being waived 

through September 30, 2009 for NYSE member 

organizations that automatically became member 

organizations of NYSE Amex by operation of NYSE 

Amex Equities Rule 2 at the time of relocation of 

all NYSE Amex equities trading to the to the NYSE 

trading facilities and systems located at 11 Wall 

Street, New York, NY. 

6 15 U.S.C. 78f. 

7 15 U.S.C. 78a et seq. 

8 15 U.S.C. 78f(b)(4). 

particular, the Commission finds that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,9 which 

requires that the rules of an exchange to 

provide for the equitable allocation of 

reasonable dues, fees and other charges 

among its members and other persons 

using its facilities. 

The Commission finds good cause for 

approving this proposal before the 30th 

day after the publication of notice 

thereof in the Federal Register. The 

proposal seeks to conform the 

Exchange’s fees charged for linkage 

transactions in Non-Penny Pilot Classes 

with the fees charged for transactions to 

BOX Participants in the same NonPenny Pilot Classes. The Commission 

notes that the proposal would reduce 

net costs for both inbound and 

outbound Linkage Orders. The 

Exchange requests that the effective date 

of the proposed rule change be August 

3, 2009. The Commission believes that 

accelerating approval of this proposal 

would allow the Exchange to implement 

this new Linkage Fee in conjunction 

with the implementation of other 

related transactions fees on August 3, 

2009 and would allow the fees/credits 

applicable to Linkage Orders to conform 

to such other fees. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,10 that the 

proposed rule change (SR–BX–2009– 

045) be, and it hereby is, approved on 

an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19016 Filed 8–7–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60418; File No. SR– 

NYSEAmex–2009–50] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Duplicate in the NYSE 

Amex Equities Price List the Section of 

the NYSE Amex Options Price List 

Setting Forth Regulatory Fees 

Applicable to Member Organizations 

August 3, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 2, and Rule 19b–4 thereunder,3

notice is hereby given that on July 27, 

2009, NYSE Amex LLC (‘‘NYSE Amex’’ 

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 

Exchange has designated this proposal 

eligible for immediate effectiveness 

pursuant to Rule 19b–4(f)(2).4 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 duplicate 

in the NYSE Amex Equities Price List 

the section of the NYSE Amex Options 

Price List setting forth regulatory fees 

applicable to member organizations. 

The text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Member organizations of NYSE Amex 

are subject to the same regulatory fees 

regardless of whether they hold licenses 

to trade equities or options.5 Currently, 

the schedule of regulatory fees 

applicable to NYSE Amex member 

organizations is included only in the 

NYSE Amex Options Price List. Member 

organizations that hold only licenses to 

trade equity securities may not be 

familiar with the NYSE Amex Options 

Price List and may therefore not know 

where to find the schedule of regulatory 

fees. Additionally, the fact that the 

schedule of regulatory fees is not 

included in the NYSE Amex Equities 

Price List may cause confusion and lead 

to the erroneous impression that these 

regulatory fees do not apply to member 

organizations that hold only equity 

trading licenses. Consequently, NYSE 

Amex proposes to duplicate in its 

entirety in the NYSE Amex Equities 

Price List the regulatory fee section 

included in the NYSE Amex Options 

Price List. In doing so, NYSE Amex is 

not proposing to amend in any way the 

regulatory fees that member 

organizations currently pay. Going 

forward, NYSE Amex will make parallel 

changes to the two price lists whenever 

it amends any fees included in the 

schedule of regulatory fees. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 7 in general and Section 6(b)(4) of 

the Act 8 in particular, in that 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. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 


rmajette on DSK29S0YB1PROD with NOTICES