Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40861 

10 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 15 U.S.C. 78s(b)(3)(A). 

5 17 CFR 240.19b–4(f)(2). 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(2). 

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 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 CBOE. 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–CBOE– 

2009–054 and should be submitted on 

or before September 3, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19376 Filed 8–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60452; File No. SR– 

NYSEAmex–2009–54] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Implementing Its 

Schedule of Fees and Charges for 

Exchange Services 

August 5, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that, on July 31, 

2009, NYSE Amex LLC (‘‘NYSE Amex’’ 

or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the Exchange. The 

Exchange filed the proposed rule change 

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

Act 4 and Rule 19b–4(f)(2) thereunder,5

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 its 

Schedule of Fees and Charges for 

Exchange Services (‘‘Schedule’’) by 

waiving the Cancellation Fee until 

November 1, 2009. The Schedule is 

attached as Exhibit 5 to the 19b–4 form. 

A copy of this filing is available on the 

Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to waive the 

Cancellation Fee until November 1, 

2009. The Cancellation Fee was 

scheduled to take effect on August 1, 

2009, however, the required 

development to Exchange billing 

systems has not been completed. Those 

system enhancements are scheduled to 

be implemented for the November 

billing cycle that begins on November 1, 

2009. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act, in general, and Section 

6(b)(4), in particular, in that it provides 

for the equitable allocation of dues, fees 

and other charges among its members 

and other market participants that use 

the trading facilities of NYSE Amex 

Options. Under this proposal, all 

similarly situated members and other 

Exchange participants of NYSE Amex 

Options will be charged the same 

reasonable dues, fees and other charges. 

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. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 6 of the Act and 

subparagraph (f)(2) of Rule 19b–4 7

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

NYSE Amex. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–NYSEAmex–2009–54 on 

the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 


erowe on DSK5CLS3C1PROD with NOTICES
40862 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Release No. 59362 

(February 5, 2009), 74 FR 6931 (February 11, 2009) 

(SR–Phlx–2009–10). 

4 If the Exchange determines that an authorized 

individual has caused a Member Organization to 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NYSEAmex–2009–54. 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–NYSEAmex–2009–54 and 

should be submitted on or before 

September 3, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19375 Filed 8–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60456; File No. SR–Phlx– 

2009–63] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Relating to 

Extension of Sponsored Access Pilot 

Program 

August 7, 2009. 

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 29, 

2009, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘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 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 renew its 

sponsored access rule for a pilot period 

ending on October 29, 2009. The 

program expires on July 29, 2009.3 The 

text of the proposed rule change is 

available on the Exchange’s Web site at 

http://www.nasdaqtrader.com/ 

micro.aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

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 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 purpose of the proposed rule 

change is to attract additional business 

by renewing its sponsored access rule, 

which is similar to that of other 

exchanges. During the previous pilot 

program, no member organizations 

availed themselves of the program, but 

the Exchange seeks to make another 

attempt to institute the program, for a 

pilot period expiring October 29, 2009. 

The Exchange will evaluate whether to 

continue the sponsored access program 

or not. 

A Sponsored Participant is a nonmember of the Exchange, such as an 

institutional investor, that gains access 

to the Exchange and trades under a 

Sponsoring Member’s execution and 

clearing identity pursuant to a 

sponsorship arrangement between such 

non-member and a member 

organization. Specifically, the Exchange 

proposes to permit Sponsored 

Participants to be sponsored by 

Sponsoring Member Organizations, and 

thereby access the Exchange, subject to 

certain requirements. These 

requirements are intended to confirm 

that the Sponsored Participant is 

required to and had procedures in place 

to comply with Exchange rules, and that 

the Sponsoring Member Organization 

takes responsibility for the Sponsored 

Participant’s activity on the Exchange. 

First, the Sponsored Participant and 

its Sponsoring Member Organization 

must have entered into and maintained 

an Access Agreement with the 

Exchange. The Sponsoring Member 

Organization must designate the 

Sponsored Participant by name in an 

addendum to the Access Agreement. 

Second, there must be a Sponsored 

Participant Agreement between the 

Sponsoring Member Organization and 

the Sponsored Participant that contains 

the following sponsorship provisions, 

enumerated in full in Rule 1094(b)(ii): 

(i) The orders of the Sponsored 

Participant are binding in all respects on 

the Sponsoring Member Organization; 

(ii) The Sponsoring Member 

Organization is responsible for the 

actions of the Sponsored Participant; 

(iii) In addition to the Sponsoring 

Member Organization being required to 

comply with the Exchange Certificate of 

Incorporation, By-laws, Rules and 

procedures of the Exchange, the 

Sponsored Participant shall do so as if 

such Sponsored Participant were an 

Exchange member organization; 

(iv) The Sponsored Participant shall 

maintain, keep current and provide to 

the Sponsoring Member Organization a 

list of individuals authorized to obtain 

access to the Exchange on behalf of the 

Sponsored Participant; 

(v) The Sponsored Participant shall 

familiarize its authorized individuals 

with all of the Sponsored Participant’s 

obligations under this Rule and will 

assure that they receive appropriate 

training prior to any use or access to the 

Exchange; 

(vi) The Sponsored Participant may 

not permit anyone other than authorized 

individuals to use or obtain access to 

the Exchange; 4


erowe on DSK5CLS3C1PROD with NOTICES