Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 17259 

85 15 U.S.C. 78f(b). 

86 15 U.S.C. 78f(b)(5). 87 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

of the Act 85 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 86

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest. In 

particular, the Exchange believes that 

the proposals will improve the speed, 

efficiency and quality of Exchange 

options executions and to provide 

greater flexibility for Exchange users in 

how they quote and trade, while also 

enhancing overall market quality by 

expanded protection of better displayed 

prices in the market. 

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 

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 Exchange consents, 

the Commission shall: (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–Phlx–2009–32 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–Phlx–2009–32. 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–Phlx–2009–32 and should 

be submitted on or before May 5,2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.87

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8422 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59723; File No. SR–NSX– 

2009–02] 

Self-Regulatory Organizations; 

National Stock Exchange, Inc.; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change To Amend 

the Fee and Rebate Schedule Relating 

to Liquidity Adding Rebates 

April 7, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on March 31, 

2009, National Stock Exchange, Inc. 

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 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 

National Stock Exchange, Inc. 

(‘‘NSX®’’ or ‘‘Exchange’’) is proposing to 

(i) amend the Fee and Rebate Schedule 

(the ‘‘Fee Schedule’’) issued pursuant to 

Exchange Rule 16.1(c) in order to 

increase the displayed order liquidity 

adding rebate for Tape A and C 

securities executed at one dollar or 

above in the Automatic Execution Mode 

of order interaction in the event that 

certain volume thresholds are achieved, 

(ii) provide a rebate for adding liquidity 

in displayed orders at one dollar or 

above in the Order Delivery Mode of 

order interaction in the event that 

certain volume thresholds are achieved 

and (iii) establish a new Rule 16.3 to 

provide that, for purposes of applying 

the provisions of the Fee Schedule and 

Exchange Rule 16, an ETP Holder may 

request that the Exchange aggregate its 

activity with the activity of its affiliates. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nsx.com, 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 

17260 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

3As specified in Rule 11.11(c)(2)(A). 

4The Exchange’s two modes of order interaction 

are described in NSX Rule 11.13(b). 

5The Exchange’s two modes of order interaction 

are described in NSX Rule 11.13(b). 

6See SR–NSX–2009–01. 

7As used elsewhere in the Fee Schedule, 

‘‘Liquidity Adding ADV’’ means, with respect to an 

ETP Holder, ‘‘the number of shares such ETP 

Holder has executed as a liquidity provider on 

average per trading day (excluding partial trading 

days and securities under one dollar) across all 

tapes on NSX for the calendar month (or partial 

month, as applicable) in which the executions 

occurred’’ (see the Explanatory Endnotes to the Fee 

Schedule). 

8Similarly, no change is proposed with respect to 

the liquidity adding rebate applicable to Tape B 

securities in AutoEx. 

9The instant rule filing proposes to establish 

tiered rebates for executed liquidity adding Tape A 

and C Displayed Orders in AutoEx. The first rebate 

tier is $0.0026 per share, applicable to Tape A and 

C shares executed at one dollar or more in AutoEx 

which added liquidity as Displayed Orders, where 

the ETP Holder’s Liquidity Adding ADV is less than 

25 million. The second tier is $0.0027 per share, 

applicable to Tape A and C shares executed at one 

dollar or more in AutoEx which added liquidity as 

Displayed Orders, where the ETP Holder’s Liquidity 

Adding ADV is at least 25 million and less than 40 

million. The third tier is $0.0028 per share, 

applicable to Tape A and C shares executed at one 

dollar or more in AutoEx which added liquidity as 

Displayed Orders, where the ETP Holder’s Liquidity 

Adding ADV is at least 40 million. 

10The first tier is $0.0008 per share, applicable 

to shares executed in O/D which added liquidity as 

Displayed Orders, where the number of such shares 

is greater than or equal to 1 million and less than 

10 million. 

11The second tier is $0.0010 per share, applicable 

to shares executed in O/D which added liquidity as 

Displayed Orders, where the number of such shares 

is greater than or equal to 10 million and less than 

20 million. 

12The third tier is $0.0012 per share, applicable 

to shares executed in O/D which added liquidity as 

Displayed Orders, where the number of such shares 

is greater than or equal to 20 million. 

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 

With this rule change, the Exchange is 

proposing to increase the liquidity 

provider rebate for displayed orders 

(i.e., those orders other than Zero 

Display Reserve Orders) 3 (‘‘Displayed 

Orders’’) executed in the Automatic 

Execution Mode of order interaction 

(‘‘AutoEx’’).4 The proposed increased 

rebate applies only to Tape A and C 

securities executed at a price of one 

dollar and higher in AutoEx, and only 

after certain volume thresholds are 

achieved. In addition, the Exchange is 

proposing to establish a liquidity 

provider rebate for Displayed Orders 

executed in the Order Delivery Mode of 

order interaction (‘‘Order Delivery’’ or 

‘‘O/D’’).5 This rebate applies only to 

securities priced one dollar and higher 

in Order Delivery, and only after certain 

volume thresholds are achieved. The 

proposed rebate for Displayed Orders in 

Order Delivery mirrors the rebate for 

liquidity adding Zero Display Orders 

established pursuant to a rule change 

submitted by the Exchange for 

effectiveness on March 2, 2009.6

Finally, with this rule change the 

Exchange is proposing to adopt a new 

Rule 16.3 to allow for the aggregation 

among affiliated ETP Holders of average 

daily volumes and other activity. 

Increase in AutoEx Displayed Order 

Liquidity Adding Rebate for Tapes A 

and C 

Prior to effectiveness of the instant 

rule filing, the AutoEx rebate for 

liquidity adding Displayed Orders in 

securities one dollar and above was 

$0.0026 per share in Tapes A and C, and 

$0.0030 per share in Tape B. The instant 

rule filing proposes to increase the 

rebate for Tape A and C securities in 

cases where certain average daily 

volume thresholds are achieved. 

Specifically, ETP Holders who achieve 

Liquidity Adding ADV 7 of less than 25 

million will continue to receive the 

previously established liquidity adding 

rebate for executed Tape A and C 

Displayed Orders in AutoEx of $0.0026 

per share.8 However, under the instant 

rule filing, ETP Holders who achieve a 

Liquidity Adding ADV of 25 million 

and 40 million shares will receive 

higher rebates of $0.0027 and $0.0028, 

respectively, with respect to their 

executed liquidity adding displayed 

AutoEx Tape A and C securities priced 

at one dollar and higher.9

Like other calculations of ‘‘average 

daily volume’’ in the Fee Schedule, the 

measurement period for calculating the 

proposed rebate is generally the 

calendar month. However, in the event 

a pricing or rebate program utilizing this 

definition is implemented, modified or 

discontinued on other than month’s 

end, the period of measurement used to 

determine ‘‘average daily volume’’ with 

respect to the rebate (as used in the 

definition of ‘‘Liquidity Adding ADV’’ 

and elsewhere in the Fee Schedule) 

shall be that partial month during which 

the program’s terms are in effect. This 

is further explained in the Explanatory 

Endnotes to the Fee Schedule. 

O/D Liquidity Adding Displayed Order 

Rebate 

In addition, for securities trading at 

one dollar or higher in Order Delivery, 

this rule change proposes to provide a 

progressively higher rebate applicable to 

shares executed as liquidity providing 

Displayed Orders in O/D. ETP Holders 

who achieve an average daily volume of 

shares executed as Displayed Orders in 

O/D (‘‘Liquidity Adding ADV (O/D 

Displayed)’’) of 1 million,10 10 

million 11 and 20 million 12 shares will 

receive rebates of $0.0008, $0.0010 and 

$0.0012, respectively, with respect to 

such shares (any such rebate hereinafter 

referred to as an ‘‘O/D Liquidity Adding 

Displayed Order Rebate’’). Liquidity 

Adding ADV (O/D Displayed) means, 

with respect to an ETP Holder, ‘‘the 

number of Displayed Order shares such 

ETP Holder has executed as a liquidity 

provider on average per trading day 

(excluding partial trading days and 

securities under one dollar) across all 

tapes in Order Delivery for the calendar 

month (or partial month, as applicable) 

in which the executions occurred’’ (see 

the Explanatory Endnotes to the Fee 

Schedule). 

For purposes of clarity, if an ETP 

Holder fails to achieve Liquidity Adding 

ADV (O/D Displayed) of at least 1 

million shares in a given month (or 

partial month, as applicable), then no O/ 

D Liquidity Adding Displayed Order 

Rebate applies. In addition, for purposes 

of calculating an ETP Holder’s Liquidity 

Adding ADV (O/D Displayed), only 

such ETP Holder’s liquidity adding 

Displayed Orders executed in O/D in 

the given time frame are counted. 

Finally, the O/D Liquidity Adding 

Displayed Order Rebate applies only to 

those shares of an ETP Holder executed 

in O/D as liquidity adding Displayed 

Orders (i.e., the rebate does not apply to 

shares of Zero Display Orders that add 

liquidity in O/D, nor to shares of 

liquidity providing Displayed Orders in 

AutoEx). These details are set forth in 

an explanatory endnote to the Fee 

Schedule. 

Like other calculations of ‘‘average 

daily volume’’ in the Fee Schedule, the 

measurement period for calculating the 

O/D Liquidity Adding Displayed Order 

Rebate is generally the calendar month. 

However, in the event a pricing or 

rebate program utilizing this definition 

is implemented, modified or 

discontinued on other than month’s 

end, the period of measurement used to 

determine ‘‘average daily volume’’ with 

respect to the rebate (as used in the 

definition of Liquidity Adding ADV (O/ 

D Displayed) and elsewhere in the Fee 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 17261 

13These examples merely illustrate the 

calculation of the rebates for Displayed Orders that 

Add Liquidity in Order Delivery. They do not 

calculate, nor show, the rebates and fees applicable 

to displayed orders that add liquidity [sic], Zero 

Display Orders that add liquidity in AutoEx or 

Order Delivery, orders that take liquidity, or fees for 

routing. 

Schedule) shall be that partial month 

during which the program’s terms are in 

effect. 

Examples of Order Delivery Liquidity 

Adding Displayed Order Rebate 13

The following charts may be used to 

illustrate application of the O/D 

Liquidity Adding Displayed Order 

Rebate. In a given calendar month (or 

other applicable period), the following 

ETP Holders achieve the following 

average daily volumes of executed 

shares (in each case, counting only 

securities priced at one dollar or higher 

and excluding partial trading days): 

ETP Holder 

1 2 3 4 5 

(Threshold) 

6 

AutoEx 

Displayed Liquidity Adding 

AutoEx Zero 

Display Liquidity Adding 

AutoEx 

Displayed Liquidity Taking 

AutoEx Zero 

Display Liquidity Taking 

Liquidity Adding ADV (O/D 

Displayed) 

Liquidity Adding ADV 

(O/D Dark) 

A ............................................................... 30,000 30,000 30,000 30,000 30,000 30,000 

B ............................................................... 920,000 30,000 30,000 30,000 30,000 30,000 

C ............................................................... 30,000 920,000 30,000 30,000 30,000 30,000 

ETP Holder A will not receive an O/ 

D Liquidity Adding Displayed Order 

Rebate. ETP Holder A fails to satisfy the 

eligibility requirement (ETP Holder A’s 

Liquidity Adding ADV (O/D Displayed) 

of 30,000 (column 5) falls short of the 

first rebate tier of at least 1 million). ETP 

Holder B and ETP Holder C similarly 

fail to achieve the first tier of the O/D 

Liquidity Adding Displayed Order 

Rebate. 

ETP Holder 

1 2 3 4 5 

(Threshold) 

6 

AutoEx 

Displayed Liquidity Adding 

AutoEx Zero 

Display Liquidity Adding 

AutoEx 

Displayed Liquidity Taking 

AutoEx Zero 

Display Liquidity Taking 

Liquidity Adding ADV (O/D 

Displayed) 

Liquidity Adding ADV 

(O/D Dark) 

D ............................................................... 1 million 1 million 30,000 30,000 10 million 10 million 

ETP Holder D will receive an O/D 

Liquidity Adding Displayed Order 

Rebate. ETP Holder D’s Liquidity 

Adding ADV (O/D Displayed) of 10 

million meets the second tier of the 

rebate. Accordingly, ETP Holder D’s O/ 

D Liquidity Adding Displayed Order 

Rebate for the given period will equal 

the number of full trading days in the 

measurement period multiplied by 10 

million multiplied by $0.0010 (the 

second rebate tier for which ETP Holder 

D is eligible based on Liquidity Adding 

ADV (O/D Displayed) of at least 10 

million and less than 20 million). 

ETP Holder 

1 2 3 4 5 

(Threshold) 

6 

AutoEx 

Displayed Liquidity Adding 

AutoEx Zero 

Display Liquidity Adding 

AutoEx 

Displayed Liquidity Taking 

AutoEx Zero 

Display Liquidity Taking 

Liquidity Adding ADV (O/D 

Displayed) 

Liquidity Adding ADV 

(O/D Dark) 

E ............................................................... 0 10 million 0 0 20 million 10 million 

ETP Holder E will receive an O/D 

Liquidity Adding Displayed Order 

Rebate. ETP Holder E has achieved the 

third tier of the Liquidity Adding ADV 

(O/D Displayed) eligibility threshold 

(with 20 million shares). Accordingly, 

ETP Holder E’s O/D Liquidity Adding 

Displayed Order Rebate for the given 

period will equal the number of full 

trading days in the measurement period 

multiplied by 20 million multiplied by 

$0.0012. 

Aggregation of Activity of Affiliated ETP 

Holders 

This rule change also proposes to 

adopt a new Rule 16.3 (and delete the 

obsolete text formerly contained 

therein) which would allow an ETP 

Holder to request that the Exchange 

aggregate its activity with the activity of 

certain of its affiliates for purposes of 

applying Chapter 16 and the terms of 

the Fee Schedule, including for 

purposes of achieving the volume 

rebates and discounts applicable in the 

various formulations of ‘‘average daily 

volume’’ used in the Fee Schedule. An 

ETP Holder requesting aggregation of 

affiliate activity shall be required to 

certify to the Exchange the affiliate 

status of entities whose activity it seeks 

to aggregate prior to receiving approval 

for aggregation, and shall be required to 

inform the Exchange immediately of any 

event that causes an entity to cease to 

be an affiliate. Proposed Rule 16.3 

further provides that the Exchange 

reserves the right to request information 

to verify the affiliate status of an entity. 

Upon verification and approval by the 

Exchange, an ETP Holder’s activity 

would include, for purposes of 

calculating, among other things, average 

daily volumes, the activity of its 

approved wholly owned subsidiary, 

parent and sister entities that are also 

ETP Holders. 

Rationale 

The Exchange has determined that 

these changes are necessary to increase 

the volume of Displayed Orders in both 

17262 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

14See, e.g., NASDAQ Rule 7027 (adopted by SEC 

Release 34–53128 (Jan. 13, 2006)). 

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

16 15 U.S.C. 78f(b)(4). 

17 15 U.S.C. 78s(b)(3)(A)(ii). 

18 17 CFR 240.19b–4(f)(2). 19 17 CFR 200.30–3(a)(12). 

AutoEx and Order Delivery for the 

purpose of increasing the revenue of the 

Exchange and adequately funding its 

regulatory and general business 

functions. In addition, with respect to 

the O/D Liquidity Adding Displayed 

Order Rebate, this rule change will 

provide ETP Holders with equal 

incentive to submit Displayed Orders 

(relative to Zero Display Orders) in 

Order Delivery. With respect to 

aggregation of affiliated ETP Holder 

activity, the changes are necessary in 

order to effectively compete with other 

trading centers 14. The proposed 

modifications are reasonable and 

equitably allocated to those ETP Holders 

that opt to provide and take liquidity in 

Displayed Orders and Zero Display 

Orders in either AutoEx or Order 

Delivery, and is not discriminatory 

because ETP Holders are free to elect 

whether or not to send displayed orders 

or Zero Display Orders via Order 

Delivery or AutoEx, in Tape A, B and/ 

or C, and as a liquidity provider or 

liquidity taker. In addition, the 

proposed aggregation of affiliate activity 

is reasonable and equitably allocated 

among ETP Holders based on clearly 

establish standards in Rule 16.3, and is 

not discriminatory for the same reason. 

Based upon the information above, the 

Exchange believes that the proposed 

rule change is consistent with the 

protection of investors and the public 

interest. 

Operative Date and Notice 

The Exchange intends to make the 

proposed credit and rebate structure 

effective on filing of this proposed rule 

for trading on April 1, 2009. Pursuant to 

Exchange Rule 16.1(c), the Exchange 

will ‘‘provide ETP Holders with notice 

of all relevant dues, fees, assessments 

and charges of the Exchange’’ through 

the issuance of a Regulatory Circular of 

the changes to the Fee Schedule and 

will post a copy of the rule filing on the 

Exchange’s Web site (http:// 

www.nsx.com). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6(b) of the 

Act,15 in general, and Section 6(b)(4) of 

the Act,16 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 the facilities of the 

Exchange. Moreover, the proposed fee 

and rebate structure is not 

discriminatory in that all ETP Holders 

are eligible to submit (or not submit) 

liquidity adding trades and quotes in 

Order Delivery or AutoEx, in any tape, 

and as either displayed or undisplayed, 

and may do so at their discretion in the 

daily volumes they choose during the 

course of the measurement period. All 

ETP Holders are further eligible to apply 

for affiliate aggregation pursuant to the 

objective criteria set forth in Rule 16.3. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any inappropriate burden on 

competition. 

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 written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has taken 

effect upon filing pursuant to Section 

19(b)(3)(A)(ii) of the Act 17 and 

subparagraph (f)(2) of Rule 19b–4 18

thereunder, because, as provided in 

(f)(2), it changes ‘‘a due, fee or other 

charge applicable only to a member’’ 

(known on the Exchange as an ETP 

Holder). At any time within sixty (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–NSX–2009–02 on the 

subject line. 

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–NSX–2009–02. 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 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 publicly available. All 

submissions should refer to File 

Number SR–NSX–2009–02 and should 

be submitted on or before May 5, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8424 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P