22190 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

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

2Russell 2000® is a trademark and service mark 

of the Frank Russell Company, used under license. 

Neither Frank Russell Company’s publication of the 

Russell Indexes nor its licensing of its trademarks 

for use in connection with securities or other 

financial products derived from a Russell Index in 

any way suggests or implies a representation or 

opinion by Frank Russell Company as to the 

attractiveness of investment in any securities or 

other financial products based upon or derived 

from any Russell Index. Frank Russell Company is 

not the issuer of any such securities or other 

financial products and makes no express or implied 

warranties of merchantability or fitness for any 

particular purpose with respect to any Russell 

Index or any data included or reflected therein, nor 

as to results to be obtained by any person or any 

entity from the use of the Russell Index or any data 

included or reflected therein. 

3NASDAQ®, NASDAQ–100® and NASDAQ–100 

Index® are registered trademarks of The NASDAQ 

OMX Group, Inc. (which with its affiliates are the 

‘‘Corporations’’) and are licensed for use by 

NASDAQ OMX PHLX, Inc. in connection with the 

trading of options products based on the NASDAQ– 

100 Index®. The options products have not been 

passed on by the Corporations as to their legality 

or suitability. The options products are not issued, 

endorsed, sold, or promoted by the Corporations. 

The Corporations make no warranties and bear no 

liability with respect to the options products. 

4See Securities Exchange Release No. 58049 

(June 27, 2008), 73 FR 38286 (July 3, 2008) (SR– 

Phlx–2008–46). See also Securities Exchange Act 

Release No. 57936 (June 6, 2008), 73 FR 33481 (June 

12, 2008) (SR–Phlx–2008–36) (proposed rule 

change relating to the listing and trading of options 

on the Nasdaq Products). 

5See Securities Exchange Act Release No. 59243 

(January 13, 2009), 74 FR 4272 (January 23, 2009) 

(SR–Phlx–2008–86). See also Securities Exchange 

Act Release No. 55305 (February 15, 2007), 72 FR 

8240 (February 23, 2007) (SR–Phlx–2006–65). 

6See proposed rule change SR–Phlx–2009–39. 

See also Securities Exchange Act Release No. 57851 

(May 22, 2008), 73 FR 31177 (May 30, 2008) (SR– 

Phlx–2008–38). 

7See Securities Exchange Act Release No. 58772 

(October 10, 2008), 73 FR 63037 (October 22, 2008) 

(SR–Phlx–2008–72). 

Commission will hold a Closed Meeting 

on Thursday, May 14, 2009 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(5), (7), 9(B) and (10) and 

17 CFR 200.402(a)(5), (7), 9(ii) and (10), 

permit consideration of the scheduled 

matters at the Closed Meeting. 

Commissioner Walter, as duty officer, 

voted to consider the item listed for the 

Closed Meeting in closed session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, May 

14, 2009 will be: Institution and 

settlement of injunctive actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; Consideration of 

amicus participation; Adjudicatory 

matters; Resolution of litigation claims; 

and Other matters related to 

enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: May 7, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–11100 Filed 5–8–09; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59857; File No. SR–Phlx– 

2009–41] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Elimination of Options Transaction 

Charge for Customer Executions in 

Options on RUT, RMN, MNX and NDX 

May 4, 2009. 

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

Securities Exchange Act of 1934,1 notice 

is hereby given that on April 29, 2009, 

NASDAQ OMX PHLX, Inc. (‘‘Phlx’’ or 

the ‘‘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 Phlx. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change 

from interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to eliminate 

the options transaction charge of $.12 

per contract side for customer 

executions in options on the Russell 

2000® Index (the ‘‘Full Value Russell 

Index’’ or ‘‘RUT’’), options on the onetenth value Russell 2000® Index 2 (the 

‘‘Reduced Value Russell Index’’ or 

‘‘RMN’’), options on the Nasdaq 100 

Index 3 traded under the symbol NDX 

(‘‘NDX’’) and options on the one-tenth 

value of the Nasdaq 100 Index traded 

under the symbol MNX (‘‘MNX’’). 

While changes to the Fee Schedule 

pursuant to this proposal are effective 

upon filing, the Exchange has 

designated these changes to be operative 

for transactions settling on or after May 

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, 

Phlx 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 Phlx 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, Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to eliminate the options 

transaction charge of $.12 per contract 

side for customer executions in options 

on the Russell 2000® Index (the ‘‘Full 

Value Russell Index’’) traded under the 

symbol RUT, options on the one-tenth 

value Russell 2000® Index (the 

‘‘Reduced Value Russell Index’’) traded 

under the symbol RMN (together 

referred to as ‘‘Russell Products’’), 

options on the Nasdaq 100 Index traded 

under the symbol NDX and options on 

the one-tenth value of the Nasdaq 100 

Index traded under the symbol MNX 

(together referred to as ‘‘Nasdaq 

Products’’), in order that the Exchange 

may remain competitive and continue to 

attract order flow. 

The Exchange currently assesses an 

options transaction charge for customer 

executions in options on the Nasdaq 

Products, namely NDX and MNX,4 and 

options on the Russell Products, 

namely, RUT and RMN,5 of $.12 per 

contract side. The Exchange will 

continue to assess payment for order 

flow fees 6 and surcharge fees 7 on the 

Russell Products and the Nasdaq 

Products. The Exchange proposes to 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 22191 

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

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

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

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. 

eliminate the $.12 per contract side 

options transaction charge for customer 

executions in options on NDX, MNX, 

RUT and RMN to remain competitive 

with other exchanges and attract 

additional order flow to the Exchange. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),8 in general, and furthers the 

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

in particular, in that it is designed to 

provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among Exchange members and other 

persons using its facilities. By 

eliminating the $.12 per contract side 

options transaction charge, the 

Exchange believes that members will 

benefit by not having an options 

transaction charge for customer 

executions in options on RUT, RMN, 

NDX and MNX and the Exchange will 

benefit by attracting order flow. 

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 that is not 

necessary or appropriate in furtherance 

of 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 

Because the foregoing rule change 

establishes or changes a due, fee, or 

other charge imposed by the Exchange, 

it has become effective pursuant to 

Section 19(b)(3)(A) of the Act 10 and 

subparagraph (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 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–2009–41 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–2009–41. 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 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 

Number SR–Phlx–2009–41 and should 

be submitted on or before June 2, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–10993 Filed 5–11–09; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59858; File No. SR– 

NASDAQ–2009–039] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change To 

Amend the Certificate of Incorporation 

and By-Laws of The NASDAQ OMX 

Group, Inc. 

May 4, 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 April 27, 

2009, The NASDAQ Stock Market LLC 

(the ‘‘NASDAQ 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 NASDAQ 

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 NASDAQ Exchange is filing this 

proposed rule change with regard to 

proposed changes to the Restated 

Certificate of Incorporation (the 

‘‘Certificate’’) and the By-Laws of its 

parent corporation, The NASDAQ OMX 

Group, Inc. (‘‘NASDAQ OMX’’). The 

proposed rule change will be 

implemented as soon as practicable 

following approval by the Commission. 

The text of the proposed rule change is 

available at http:// 

www.cchwallstreet.com/nasdaq, at the 

NASDAQ Exchange’s principal office, 

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 

NASDAQ 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 

NASDAQ Exchange has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 


rwilkins on PROD1PC63 with NOTICES