22990 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3A P/A Order, is an order for the principal 

account of a specialist (or equivalent entity on 

another Participant Exchange that is authorized to 

represent Public Customer orders), reflecting the 

terms of a related unexecuted Public Customer 

order for which the specialist is acting as agent. See 

Exchange Rule 1083(k)(i). 

4A P Order is an order for the principal account 

of an Eligible Market Maker. See Exchange Rule 

1083(k)(ii). 

5See Securities Exchange Act Release Nos. 43086 

(July 28, 2000), 65 FR 48023 (August 4, 2000) (order 

approving the Plan) and 43573 (November 16, 

2000), 65 FR 70851 (November 28, 2000) (order 

approving Phlx as a participant in the Plan). 

6See Securities Exchange Act Release No. 59669 

(April 1, 2009), 74 FR 16026. 

7See Securities Exchange Act Release No. 58144 

(July 11, 2008), 73 FR 41394 (July 18, 2008) (SR– 

Phlx–2008–49). 

8 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

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

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(3)(A). 

5 17 CFR 240.19b–4(f)(2). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11356 Filed 5–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59891; File No. SR–Phlx– 

2009–24] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Order 

Approving Proposed Rule Change, as 

Modified by Amendment No. 1 Thereto, 

Increasing Transaction Fees for 

Linkage Inbound Principal Orders and 

Principal Acting as Agent Orders 

May 8, 2009. 

I. Introduction 

On March 24, 2009, the NASDAQ 

OMX PHLX, Inc. (‘‘Phlx’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (the ‘‘Act’’),1 and Rule 19b–4 

thereunder,2 a proposed rule change 

seeking to increase transaction fees 

applicable to the execution of Principal 

Acting as Agent Orders (‘‘P/A Orders’’) 3

and Principal Orders (‘‘P Orders’’) 4 sent 

to the Exchange via the Intermarket 

Options Linkage (‘‘Linkage’’) under the 

Plan for the Purpose of Creating and 

Operating an Intermarket Option 

Linkage (the ‘‘Plan’’).5 On March 26, 

2009, Phlx submitted Amendment No. 1 

to the proposed rule change. The 

proposed rule change was published for 

comment in the Federal Register on 

April 8, 2009.6 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change, as amended. 

II. Description of the Proposal 

The Exchange proposes to amend the 

Equity Options Fees portion of its fee 

schedule relating to transaction fees 

applicable to the execution of P/A 

Orders and P Orders sent to the Linkage 

under the Plan. Specifically, the 

Exchange proposes to increase its 

transaction fees for P/A Orders from the 

current $0.15 per option contract to 

$0.30 per option contract, and for P 

Orders from the current $0.25 per 

option contract to $0.45 per contract. 

This proposal is part of an existing pilot 

program, which is scheduled to expire 

July 31, 2009.7

The Exchange states that the purpose 

of the proposed rule change is to raise 

revenue for the Exchange. The Exchange 

also represents that, consistent with 

current practice, the Exchange: (i) Will 

charge the clearing member organization 

of the sender of P Orders and P/A 

Orders; and (ii) will not charge for the 

execution of Satisfaction Orders sent 

through Linkage. 

The Exchange also proposes a 

technical amendment to the schedule of 

Equity Option Fees by correcting a 

typographical error, changing the word 

‘‘overlaying’’ to read ‘‘overlying.’’ 

III. Discussion and Commission 

Findings 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.8 In 

particular, the Commission finds that 

the proposal is consistent with Section 

6(b)(4) of the Act,9 which requires that 

an exchange have rules that provide for 

the equitable allocation of reasonable 

dues, fees, and other charges among its 

members and other persons using its 

facilities. The Commission notes that 

the Options Linkage fees are assessed 

pursuant to a pilot scheduled to end on 

July 31, 2009 and that the Commission 

is continuing to evaluate whether such 

fees are appropriate. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,10 that the 

proposed rule change (SR–Phlx–2009– 

24), as amended, is hereby approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11357 Filed 5–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59893; File No. SR– 

NYSEArca–2009–38] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Implementing Fee 

Change 

May 8, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on April 30, 

2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by the self-regulatory organization. 

NYSE Arca filed the proposal pursuant 

to Section 19(b)(3)(A) 4 of the Act and 

Rule 19b–4(f)(2) 5 thereunder. 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 

Schedule of Fees and Charges for 

Exchange Services (the ‘‘Schedule’’). 

While changes to the Schedule pursuant 

to this proposal will be effective upon 

filing, the changes will become 

operative on May 1, 2009. A copy of this 

filing is available on the Exchange’s 

Web site at http://www.nyse.com, at the 

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 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received