Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 31499 

15 17 CFR 200.30–3(a)(12) and 200.30–3(a)(44). 

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

2 17 CFR 240.19b–4. 

3The Exchange also proposes removing all 

references to ‘‘per contract’’ after each fee in the 

table. 

4The Penny Pilot was established in January 

2007; and in October 2009, it was expanded and 

extended through December 31, 2010. See 

Securities Exchange Act Release Nos. 55153 

(January 23, 2007), 72 FR 4553 (January 31, 2007) 

(SR–Phlx–2006–74) (approval order establishing 

Penny Pilot); 60873 (October 23, 2009), 74 FR 56675 

(November 2, 2009) (SR–Phlx–2009–91) (expanding 

and extending Penny Pilot); 60966 (November 9, 

2009), 74 FR 59331 (November 17, 2009) (SR–Phlx– 

2009–94) (adding seventy-five classes to Penny 

Pilot); and 61454 (February 1, 2010), 75 FR 6233 

(February 8, 2010) (SR–Phlx–2010–12) (adding 

seventy-five options classes to the Penny Pilot). See 

also SR–Phlx–2010–65 (adding additional seventyfive option classes to the Penny Pilot). See also 

Exchange Rule 1034. 

available publicly. All submissions 

should refer to File Number SR–NYSE– 

2010–37 and should be submitted on or 

before June 24, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–13338 Filed 6–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62179; File No. SR–Phlx– 

2010–77] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Relating to 

Reformatting the Fee Schedule 

May 26, 2010. 

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 May 25, 

2010, 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 amend its 

existing NASDAQ OMX PHLX, Inc. Fee 

Schedule (‘‘fee schedule’’) solely to 

create a more user-friendly Fee 

Schedule. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, at the 

principal office of the Exchange, at the 

Commission’s Public Reference Room, 

and on the Commission’s Web site at 

http://www.sec.gov. 

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 reformat the Fee Schedule 

to make it more user-friendly. The 

newly proposed Fee Schedule includes 

the current fees, which remain 

unchanged. In the process of 

reformatting the Fee Schedule, 

additional connecting language was 

added where appropriate to provide 

clarity to the end-user. The proposal 

eliminates the current endnotes. The 

Exchange believes that by placing the 

language that is currently contained in 

endnotes into the text of the fees better 

displays any exceptions or exclusions 

referenced in those endnotes by more 

prominently displaying them in the text. 

Table of Contents 

The Exchange proposes to replace the 

descriptive term ‘‘Category’’ with a new 

term, ‘‘Sections’’, in the table of contents. 

This is being done solely to eliminate 

confusion in the use of the word 

‘‘category’’ which is utilized in different 

ways by the Exchange in its fee 

proposals. The Exchange is also 

combining the Sector Index Options 

Fees and the U.S. Dollar-Settled Foreign 

Currency (‘‘WCO’’) Options Fees into 

one section on the Fee Schedule. 

Equity Options Fees 

The Exchange converted the current 

equity options fees into a table format 

for ease of reference.3 Currently, the 

Exchange does not separately display an 

options transaction charge for penny 

pilot program options (‘‘Penny Pilot’’) 4

and Non-Penny Pilot options for 

customers, professionals and firms. The 

Exchange is proposing to display the 

separate categories in this revised Fee 

Schedule although the fees remain 

unchanged. The Exchange’s proposal 

displays a similar fee for Penny Pilot 

and non-Penny Pilot options 

transactions charges for customer, 

professionals and firms to make clear 

that there is no price distinction for 

those market participants between 

Penny and non-Penny options. The 

Exchange is not proposing any 

amendments to its fees. 

Additionally, the Exchange proposes 

to transplant endnotes (C) and (5) from 

the endnote section of the Fee Schedule, 

which the Exchange proposes to 

eliminate, into the Equity Options Fees 

section to clarify which notes apply to 

the displayed fees. The Exchange also 

proposes a similar change in the 

Payment for Order Flow Fees section of 

the Equity Option Fees with respect to 

endnotes (30) and (32). Additional nonsubstantive language has been added 

where appropriate to indicate what 

section of the Fee Schedule the 

transplanted endnote refers to in the Fee 

Schedule. For example, the words 

‘‘Payment for Order Flow Fees will be’’ 

was added to the beginning of endnote 

(30) to clarify the context of that 

transplanted endnote with respect to the 

Payment for Order Flow Fees. The 

Exchange added similar language to the 

beginning of endnotes throughout the 

Fee Schedule when transplanting that 

text to add reference for the reader and 

for purposes of clarity. 

Sector Index Options Fees and U.S. 

Dollar-Settled Foreign Currency Options 

Fees 

The Exchange similarly converted the 

current fees into a table for ease of 

reference and combined the sector index 

and U.S. dollar-settled foreign currency 

option fees into the same section of the 

Fee Schedule. 

Access Service, Cancellation, 

Membership, Regulatory and Other Fees 

The Exchange reformatted this section 

of the Fee Schedule to reorder these fees 

for ease of reference. The Options 

Regulatory Fee was relocated after the 

Real-Time Risk Management Fee with 

no changes. Next, all permit related fees 

were grouped together with the 

endnotes weaved into this section with 

the clarifying language added to each 

endnote as described herein. The 

Streaming Quote Trader and Remote 

Streaming Quote Trader Fees were 


sroberts on DSKD5P82C1PROD with NOTICES
31500 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices 

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

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(3). 

9 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. 61936 

(April 16, 2010), 75 FR 21088. 

organized into tables with no changes to 

the text. The remainder of the fees in 

this section are rearranged in order to 

present the fees by topic. The endnotes 

were transplanted and words were 

added to indicate which fee the note 

references within the Fee Schedule. The 

Examinations Fee and FINRA fees 

remain the same. 

Market Access Provider Subsidy, 

Options Floor Broker Subsidy, Routing 

Fees, Proprietary Data Feed Fees, 

NASDAQ OMX PSX 

The Exchange did not amend the 

following sections of the Fee Schedule: 

Market Access Provider Subsidy, 

Options Floor Broker Subsidy, Routing 

Fees, Proprietary Data Feed Fees and 

NASDAQ OMX PSX. As previously 

stated the Exchange eliminated the 

endnotes section and incorporated those 

endnotes into the Fee Schedule instead 

by transplanting them into the 

corresponding pages of the Fee 

Schedule. In addition, the Exchange 

also proposes to amend language in 

endnote 55 which refers to the monthly 

charges for the fees for Trading Floor 

Personnel Registration Fee and the Fees 

for Certain Stock Exchange Clerks by 

removing the dollar amounts from that 

text. 

These proposed changes, as 

previously mentioned, are nonsubstantive amendments and are added 

for the sole purpose of creating a 

simplified, easily readable format for 

displaying the various fees. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 5

in general, and furthers the objectives of 

Section 6(b)(4) of the Act 6 in particular, 

in that it is an equitable allocation of 

reasonable fees and other charges among 

Exchange members. The Exchange 

believes that this proposal is both 

reasonable and equitable because 

providing the members with a more 

user-friendly Fee Schedule will better 

display the allocation of fees among 

Exchange members. The Exchange 

believes that this proposed format will 

provide additional transparency of 

Exchange fees. 

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) 

of the Act 7 and paragraph (f)(3) of Rule 

19b–4 8 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 rulecomments@sec.gov. Please include File 

Number SR–Phlx–2010–77 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–2010–77. 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 Web site viewing and 

printing 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– 

2010–77 and should be submitted on or 

before June 24, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–13337 Filed 6–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62187; File No. SR– 

NYSEAmex–2010–35] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Order Approving Proposed 

Rule Change To Establish NYSE Amex 

Trades and NYSE Amex BBO Services 

and Related Fees 

May 27, 2010. 

I. Introduction 

On April 1, 2010, the NYSE Amex 

LLC (‘‘NYSE Amex’’ 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 establish two NYSE Amex 

market data products, NYSE Amex 

Trades and NYSE Amex BBO and to 

establish market data fees for the same. 

The proposed rule change was 

published for comment in the Federal 

Register on April 22, 2010.3 The 

Commission received no comment 

letters on the proposal. This order 

approves the proposed rule change. 


sroberts on DSKD5P82C1PROD with NOTICES