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###### Securities and Exchange Commission

          - [Release No. 34-59704; File No. SR-Phlx-2009-30]

      ( print page 16434)    
                    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 March 31, 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, 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  increase the options transactions charge for customer executions in U.S. Dollar-Settled Foreign Currency Options from $.40 to $.44 and eliminate the $4,000 per trade per side cap associated with this fee.

While changes to the Exchange's fee schedule pursuant to this proposal are effective upon filing, the Exchange has designated this proposal to be effective for trades settling on or after April 1, 2009.

                    The text of the proposed rule change is available on the Exchange's Web site at                     *http://nasdaqomxphlx.cchwallstreet.com/​NASDAQOMXPHLX/​Filings*                    /, 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 increase the options transaction charge for customer executions in U.S. Dollar-Settled Foreign Currency Options to $.44 and remove the per trade per side cap of $4,000. The Exchange believes that it can continue to attract this business without offering the cap. Additionally, increasing the fee should raise revenue.

                    Currently the options transaction charge for customer executions in U.S. Dollar-Settled Foreign Currency Options is $.40 and the Exchange proposes to raise this fee to $.44.[3]                                          In addition to increasing the options transaction charge fee, the Exchange proposes to remove a $4,000 per trade per side cap related to U.S. Dollar-Settled Foreign Currency Options for customer transactions. The cap currently prevents additional option charges from being assessed on these types of transactions beyond the $4,000 limit. The Exchange believes that the additional order flow that resulted from the cap may continue to be directed to the Exchange without the cap.                

#### 2. Statutory Basis

                    The Exchange believes that its proposal to amend its schedule of fees is consistent with Section 6(b) of the Act [4]                                          in general, and furthers the objectives of Section 6(b)(4) of the Act [5]                                          in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members. The Exchange believes this proposal is equitable because by removing the cap from the customer execution option transaction charges, all trades will be similarly assessed the option transaction charge regardless of the number of trades at the increased rate of $.44. Additionally, the Exchange believes that the fee is equitable in that it is equivalent to the rate assessed on members for customer executions in Index Options.                

### 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 [6]                                          and paragraph (f)(2) of Rule 19b-4 [7]                                          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 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 rule-comments@sec.gov.                      Please include File Number SR-Phlx-2009-30 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-Phlx-2009-30. 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                           ( print page 16435)                        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-Phlx-2009-30 and should be submitted on or before May 1, 2009.                                    

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8

Florence E. Harmon,

Deputy Secretary.

# Footnotes

1.                             15 U.S.C. 78s(b)(1).                    
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2.                             17 CFR 240.19b-4.                    
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3.                             This fee is the same rate that is assessed on members for customer executions in Index Options.                    
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4.                             15 U.S.C. 78f(b).                    
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5.                             15 U.S.C. 78f(b)(4).                    
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6.                             15 U.S.C. 78s(b)(3)(A)(ii).                    
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7.                             17 CFR 240.19b-4(f)(2).                    
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8.                             17 CFR 200.30-3(a)(12).                    
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 [FR Doc. E9-8147 Filed 4-9-09; 8:45 am]

BILLING CODE 8010-01-P