50852 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

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

2 15 U.S.C. 78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)(4). 

4The Commission has modified the text of the 

summaries prepared by DTC. 

5For more information about The Options 

Clearing Corporation’s Options Symbology 

Initiative see the most recent plan at http:// 

www.theocc.com/initiatives/symbology/ 

implementation_plan.jsp. 

6 DTC’s Payment Order service provides 

participants with a method for settling amounts of 

money related to securities transactions that are 

effected separately through DTC earlier on the same 

day or on a previous day. Payment orders can be 

used to collect option contract premiums and markto-market open contracts such as stock loans. 

7For more information regarding the record 

layout changes, see DTC Important Notice B#5422 

which is attached to Filing No. SR–DTC–2009–15 

as Exhibit 2. 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(4). 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23805 Filed 9–29–09; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60704; File No. SR–DTC– 

2009–15] 

Self-Regulatory Organizations; The 

Depository Trust Company; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Related to the 

Payment Order System for Premium 

Payment Orders 

September 22, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

August 28, 2009, The Depository Trust 

Company (‘‘DTC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change described in Items I, II, and III 

below, which items have been prepared 

primarily by DTC. DTC filed the 

proposal pursuant to Section 

19(b)(3)(A)(iii) of the Act 2 and Rule 

19b–4(f)(4) 3 thereunder so that the 

proposal was effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the rule change from 

interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The proposed rule change establishes 

technical changes which are nonsubstantive in nature and are to support 

the industry wide Options Symbology 

Initiative. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

DTC 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. DTC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of these statements.4

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

Today, many organizations that 

support trading in listed options are 

restricted in their ability to identify and 

process exchange listed option 

contracts. These organizations typically 

use a three to five alpha character 

representation. The first one to three 

characters identify the option root 

symbol and the remaining two alpha 

characters identify the expiration 

month, call/put indicator, and strike 

price. 

In an effort to standardize option 

symbols and overhaul the existing 

method of identifying exchange-listed 

options contracts, The Options Clearing 

Corporation (‘‘OCC’’) is spearheading 

the industry-wide adoption of the 

Options Symbology Initiative (‘‘OSI’’). 

The OSI supports the elimination of 

alpha codes that are currently used to 

denote expiration month, call/put code, 

and strike price.5 As a result of the OSI, 

DTC has to modify its record layouts for 

its Payment Order system 6 in order to 

comply with the symbology defined by 

the OSI. This includes the expansion of 

field sizes and the addition of new 

fields. These changes will increase 

efficiency and improve the mechanism 

for Participants to perform under the 

OSI initiative. The proposed 

modifications in reference to Participant 

input and output formats will include 

the expansion of field sizes for OCC 

related fields that currently exist in the 

‘‘comments field’’ and the addition of 

new fields to DTC’s PBS screens MQ/ 

NDM/CF2 record layouts and ISO 

message formats.7

OCC has requested that DTC 

implement these changes on October 30, 

2009, so that OCC members can begin to 

migrate to the new formats. OCC has 

mandated that OCC members be ready 

to use the new formats by February 12, 

2010. 

The proposed rule change is 

consistent with the requirements of 

Section 17A of the Act and the rules and 

regulations thereunder. It will promote 

the prompt and accurate clearance and 

settlement of securities transactions 

because the modification in record 

layouts to conform to the new 

symbology series key as defined by the 

OSI will increase efficiency and 

improve the mechanism for DTC 

Participants to perform under the OSI 

initiative. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition as it merely makes changes 

to the record layouts for DTC’s Payment 

Order System. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments relating to the 

proposed rule change have not yet been 

solicited or received. DTC will notify 

the Commission of any written 

comments received by DTC. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change 

has become effective upon filing 

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

the Act 8 and Rule 19b–4(f)(4) 9

thereunder because the proposed rule 

change effects a change in an existing 

service of a registered clearing agency 

that: (i) Does not adversely affect the 

safeguarding of securities or funds in 

the custody or control of the clearing 

agency or for which it is responsible and 

(ii) does not significantly affect the 

respective rights or obligations of the 

clearing agency or persons using the 

service. At any time within sixty 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: 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50853 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 60491 

(August 12, 2009), 74 FR 41953. 

4 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition and capital formation. See 

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

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

6See Securities Exchange Act Release No. 46102 

(June 21, 2002), 67 FR 43692 (June 28, 2002) (SR– 

CBOE–2002–33) (immediately effective rule change 

relating to the identification of Market-Maker and 

Specialist orders). 

7 15 U.S.C. 78s(b)(2). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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–DTC–2009–15 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–DTC–2009–15. 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 such filings also will be 

available for inspection and copying at 

the principal office of DTC and on 

DTC’s Web site at http://www.dtcc.com/ 

legal/rule_filings/dtc/2009–15.pdf. 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–DTC–2009–15 and should 

be submitted on or before October 22, 

2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23623 Filed 9–30–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60710; File No. SR–CBOE– 

2009–057] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Approving 

Proposed Rule Change Related to 

Market-Maker and Specialist Orders 

September 23, 2009. 

On August 10, 2009, the Chicago 

Board Options Exchange, Incorporated 

(‘‘CBOE’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a 

proposed rule change to eliminate Rule 

6.73(d) and its requirement to orally 

identify a Market-Maker or a Specialist 

order in open outcry before requesting 

a quote. The proposed rule change was 

published for comment in the Federal 

Register on August 19, 2009.3 The 

Commission received no comments on 

the proposal. This order approves the 

proposed rule change. 

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.4 In particular, the 

Commission finds that the proposed 

rule change is consistent with the 

provisions of Section 6(b)(5) of the Act,5

which requires, among other things, that 

the CBOE rules be designed to promote 

just and equitable principles of trade, to 

prevent fraudulent and manipulative 

acts and practices, to remove 

impediments to and to perfect the 

mechanism for a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. 

According to the CBOE, it adopted 

Rule 6.73(d) to ensure that MarketMaker and Specialist orders were not 

inadvertently represented as public 

customer orders, which receive 

preferential treatment in certain 

instances under CBOE rules.6 The CBOE 

proposes to eliminate the requirement 

in Rule 6.73(d) to orally identify the 

Market-Maker and Specialist orders in 

open outcry and represents that the 

requirement is superfluous and 

unnecessary because the preferential 

treatment afforded to public customer 

orders was system-enforced through the 

order marking requirement. In addition, 

the CBOE represents that it no longer 

utilizes the RAES trading platform for 

which the order identification 

procedure was introduced. 

In approving the proposed rule 

change, the Commission notes that it 

received no comments on the proposed 

rule change and bases its approval, in 

part, on the CBOE’s representations that 

public customer orders will continue to 

receive appropriate preferential 

treatment under its Hybrid Trading 

System and existing rules. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,7 that the 

proposed rule change (SR–CBOE–2009– 

057) be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23624 Filed 9–30–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60717; File No. SR– 

NYSEArca–2009–74] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing of 

Amendment No. 1 and Order Granting 

Accelerated Approval of a Proposed 

Rule Change, as Modified by 

Amendment No. 1, Relating To Listing 

Four Grail Advisors RP ExchangeTraded Funds 

September 24, 2009. 

On August 12, 2009, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘Exchange’’), through 

its wholly owned subsidiary, NYSE 

Arca Equities, Inc. (‘‘NYSE Arca 

Equities’’), filed with the Securities and 

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a 

proposed rule change to list and trade 

shares (‘‘Shares’’) of the following Grail 

Advisors actively-managed exchangetraded funds: RP Growth ETF, RP 

Focused Large Cap Growth ETF, RP 

Technology ETF and the RP Financials 


PWALKER on DSK8KYBLC1PROD with NOTICES