Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23915 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The BOX Fee Schedule can be found on the 

BOX Web site at http://www.bostonoptions.com. 

4Make or Take volume is excluded when 

determining a Market Maker’s monthly trading 

volume for purposes of the Volume Discount and 

is not eligible to have a Volume Discount applied 

to it. 

5See Securities Exchange Act Release No. 56948 

(December 12, 2007), 72 FR 72426 (December 20, 

2007) (SR–BSE–2007–52). 

6See Securities Exchange Act Release No. 55549 

(March 28, 2007), 72 FR 16837 (April 5, 2007) (SR– 

CHX–2007–02) (Order Granting Accelerated 

Approval of a Proposed Rule Change To Amend the 

CHX Fee Schedule on a Retroactive Basis To Clarify 

the Application of a Credit Against Specialist Fixed 

Fees). The approval order stated that the rule 

change clarified the application of a specialist fixed 

fee credit that the exchange was offering as an 

incentive for specialists and would reconcile the 

discrepancy between the manner in which the 

exchange intended to apply the credit and the 

description of the credit in a prior proposal. The 

order also stated that approval would clarify 

ambiguity about the application of the specialist 

fixed fee credit. The Commission believed that 

Continued 

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–FINRA–2009–028 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–FINRA–2009–028. 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 FINRA. 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–FINRA–2009–028 and 

should be submitted on or before June 

11, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11812 Filed 5–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59919; File No. SR–BX– 

2009–025] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

of Proposed Rule Change To 

Retroactively Amend the Fee Schedule 

To Clarify and Correct References to 

the Volume Discount Given to Market 

Makers 

May 14, 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 May 8, 

2009, NASDAQ OMX BX, Inc. (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 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 purpose of the proposed rule 

change is to amend the Fee Schedule of 

the Boston Options Exchange Group, 

LLC (‘‘BOX’’) on a retroactive basis to 

clarify and correct references relating to 

the volume discount (‘‘Volume 

Discount’’) given to Market Makers. The 

text of the proposed rule change is 

available from the principal office of the 

Exchange, at the Commission’s Public 

Reference Room and also on the 

Exchange’s Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 

on the proposed rule change. The text 

of those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend on 

a retroactive basis Section 3 (Market 

Maker Trading Fees) of the BOX Fee 

Schedule.3 BOX applies a Volume 

Discount to the fees charged to BOX 

Market Makers who engage in 

particularly active trading volume on 

BOX. The proposed changes will clarify 

and correct the Fee Schedule to reflect 

that trading volume in options classes 

included within the Liquidity Make or 

Take Pricing Structure (‘‘Make or 

Take’’), as set forth in Section 7 of the 

BOX Fee Schedule, is excluded when 

determining a Market Maker’s Volume 

Discount.4 The text explicitly stating 

this was inadvertently removed from the 

BOX Fee Schedule in a prior filing, SR– 

BSE–2007–52.5

The Exchange requests that the 

current proposed changes be made 

effective retroactive to November 30, 

2007, which is the date of filing and 

effectiveness of SR–BSE–2007–52. The 

Exchange believes that the proposed 

changes will eliminate any gap in the 

treatment of Make or Take volume when 

calculating the Volume Discount and is 

consistent with previous Commission 

action on similar matters pertaining to 

the allocation of exchange member fees 

and dues.6 Additionally, the Exchange 


dwashington3 on PROD1PC60 with NOTICES
23916 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

accelerated approval would provide clarity without 

delay. See also Securities Exchange Act Release No. 

57347 (February 19, 2008), 73 FR 10080 (February 

25, 2008) (SR–NASDAQ–2007–100) (Order 

Approving Proposed Rule Change to Nasdaq Rule 

7033 To Modify the Fees Charged for the Mutual 

Fund Quotation Service and To Correct Certain 

Errors in the Rule Manual). The Commission 

approved a Nasdaq proposal seeking retroactive 

approval for the implementation of previously 

approved Mutual Fund Quotation Service 

(‘‘MFQS’’) fees which Nasdaq failed to transfer from 

the NASD rule to the corresponding Nasdaq rule 

when Nasdaq commenced operations as a national 

securities exchange, more than one and one half 

year earlier, on August 1, 2006. The Commission 

stated that such approval was appropriate as it 

corrected an omission in Nasdaq’s rules. See also 

Securities Exchange Act Release No. 56240 (August 

13, 2007), 72 FR 46527 (August 20, 2007) (SR–ISE– 

2007–49) (Order Approving Proposed Rule Change 

Relating to Fee Changes on a Retroactive Basis). The 

Commission stated that application of the 

amendments to ISE’s Schedule of Fees on a 

retroactive basis, to a point in time approximately 

six months prior, were appropriate and aligned 

revenue collected from members with license costs 

charged to ISE. 

7See BOX Information Circular entitled 

‘‘Amended BOX Fee Schedule—Expansion of 

‘‘Make or Take’’ and Elimination of Minimum 

Activity Charger (MAC)’’ that was distributed to 

Participants on November 28, 2007 which stated 

that the establishment of the Make or Take Credit 

set forth in the then proposed rule filing SR–BSE– 

2007–52 would not impact Volume Discounts. 

Specifically, the BOX Information Circular stated: 

‘‘Current discounts based upon average daily 

volumes (ADV) of over 25,000 and 50,000 contracts 

will be maintained.’’ 

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

9 15 U.S.C. 78f(b)(4). 10 17 CFR 200.30–3(a)(12). 

believes that the inadvertent elimination 

of the language in question from the 

BOX Fee Schedule did not alter BOX 

Market Makers’ understanding that 

Make or Take volume was excluded 

from the calculation of the Volume 

Discount.7

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,8

in general, and Section 6(b)(4) of the 

Act,9 in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. The 

proposed changes will result in 

clarification of the fees charged for 

trading activity on BOX. The Exchange 

believes that retroactive approval of the 

proposed rule change will clarify the 

BOX Fee Schedule and eliminate any 

concern of inequitable allocation of fees 

as between the Market Makers and other 

Options Participants during the 

retroactive period. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is 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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

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 self-regulatory 

organization consents, the Commission 

will: 

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–BX–2009–025 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–BX–2009–025. 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, 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–BX– 

2009–025 and should be submitted on 

or before June 11, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11810 Filed 5–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions and extensions of 

OMB-approved information collections 

and a new collection. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers shown 

below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 


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