11158 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

49 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Firm Proprietary Options Transaction Charges 

for equity and sector index options, in the 

aggregate, for one billing month can not exceed 

$75,000 per month, per member organization, 

except for orders of joint back-office participants. 

4See Securities Exchange Act Release No. 59393 

(February 11, 2009), 74 FR 7721 (February 19, 2009) 

(SR–Phlx–2009–12) (increasing the Firm-Related 

Equity Option and Index Option Cap to $75,000 and 

exclude JBO participants). 

5See Securities Exchange Act Release No. 59402 

(February 13, 2009), 74 FR 8134 (February 23, 2009) 

(SR–Phlx–2009–08) (a proposal to create a more 

user-friendly fee schedule). 

6 Id. 

7See Securities Exchange Act Release No. 54941 

(December 14, 2006), 71 FR 77079 (December 22, 

2006) (SR–Phlx–2006–70) (adopting a tiered 

Examinations Fee). 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2009–17. 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 filing also will be 

available for inspection and copying at 

the principal office of Phlx. 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 publicly available. 

All submissions should refer to File 

Number SR–Phlx–2009–17 and should 

be submitted on or before April 6, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.49

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5565 Filed 3–13–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59545; File No. SR–Phlx– 

2009–20] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX, Inc. Relating to Elimination 

of Sector Index Options From Monthly 

Firm Cap 

March 9, 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 February 

25, 2009, NASDAQ OMX PHLX, Inc. 

(‘‘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 eliminate 

the sector index options from the 

Monthly Firm Cap.3 Additionally, the 

Exchange proposes minor amendments 

to its fee schedule to clean up the 

formatting of its fee schedule and 

correct a typographical error. 

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 

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 purpose of the proposed rule 

change is to no longer include the 

options transaction charge associated 

with the sector index options in the 

$75,000 Firm-Related Equity Option and 

Index Option Cap calculation. The 

Exchange believes that it can continue 

to attract this business without offering 

the cap, which should also help to raise 

revenue. Specifically, ‘‘firm-related’’ 

charges include equity option firm 

proprietary transaction charges and 

index option firm proprietary 

transaction charges (‘‘Monthly Firm 

Cap’’). Currently, such firm-related 

charges for equity option and index 

options, in the aggregate for one billing 

month, would not exceed $75,000 per 

month per member organization. The 

Monthly Firm Cap excludes orders of 

joint back-office participants.4

Additionally, the Exchange proposes 

the following clean-up amendments to 

its Fee Schedule: (1) Removal of the 

date from the first page of the Fee 

Schedule; (2) removal of page numbers 

from the Table of Contents to be 

replaced by section numbers; and (3) 

removal of underlining from all section 

headers on each page of the Fee 

Schedule.5 The Exchange believes that 

these amendments will provide for ease 

of motion in amending the Fee 

Schedule. 

The Exchange also proposes to amend 

a typographical error related to its 

Examinations Fee. In filing SR–Phlx– 

2009–08 6, the Exchange inadvertently 

indicated that the Examinations Fee for 

the number of Off-Floor Traders, in the 

same Member Organization, that 

exceeded 200 in number is $12,000 per 

month.7 This fourth tier should have 

stated that the Examinations Fee for the 

number of Off-Floor Traders, in the 

same Member Organization, that 

exceeded 200 in number is $12,500 per 

month. The Exchange proposes to 

amend this tier of the Examinations Fee 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 11159 

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

9 15 U.S.C. 78f(b)(4). 

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

11 17 CFR 240.19b–4(f)(2). 12 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. 59202 

(January 6, 2009), 74 FR 1744. 

to properly reflect the amount 

previously filed with the Commission. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 8 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 9

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. The 

Exchange believes that the amendment 

to the Monthly Firm Cap is equitable in 

that it proposes to eliminate all section 

index options. Additionally, the 

proposed amendments to the formatting 

of the fee schedule will create a more 

user friendly fee schedule. The proposal 

to correct the typographical error in the 

Examination Fee should eliminate 

confusion among members as to the 

amount of the fee. 

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 

No written comments were either 

solicited or 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 10 and 

paragraph (f)(2) of Rule 19b–4 11

thereunder. 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 proposal 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 

No. SR–Phlx–2009–20 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 No. 

SR–Phlx–2009–20. 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 changes 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 filing also will be 

available for inspection and copying at 

the principal office of Phlx. 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 No. 

SR–Phlx–2009–20 and should be 

submitted on or before April 6, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5571 Filed 3–13–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59543; File No. SR–NYSE– 

2008–132] 

Self-Regulatory Organizations; New 

York Stock Exchange, LLC; Order 

Approving Proposed Rule Change To 

Introduce a NYSE Order Imbalance 

Information Fee 

March 9, 2009. 

I. Introduction 

On December 19, 2008, the New York 

Stock Exchange, LLC (‘‘NYSE’’ or the 

‘‘Exchange’’) 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 

introduce a fee for access to its NYSE 

Order Imbalance Information datafeed. 

The proposed rule change was 

published for comment in the Federal 

Register on January 13, 2009.3 The 

Commission received no comment 

letters on the proposal. This order 

approves the proposed rule change. 

II. Description of the Proposal 

The Exchange proposes to make the 

NYSE Order Imbalance Information 

datafeed available as a stand-alone 

market data product, separate and apart 

from NYSE OpenBook, and proposes to 

charge recipients of the NYSE Order 

Imbalance Information datafeed $500 

per month. 

Currently, NYSE makes available to 

recipients of NYSE OpenBook an 

additional datafeed containing Order 

Imbalance Information. NYSE Order 

Imbalance Information is a datafeed of 

real-time order imbalances that 

accumulate prior to the opening of 

trading on the Exchange and prior to the 

close of trading on the Exchange. These 

orders are subject to execution at the 

market’s opening or closing price, as the 

case may be, and represent issues that 

are likely to be of particular trading 

interest at the opening or closing. The 

Exchange distributes information about 

these imbalances in real-time at 

specified intervals prior to the opening 

and closing auctions. NYSE Order 

Imbalance Information also includes the 

imbalance information that the 

Exchange is required to disseminate 

under NYSE Rule 123C(5), as well as 

automated real-time streaming order 

imbalance information at specified 

intervals.