31076 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3Each Participant executed the proposed 

amendment. The Participants are the American 

Stock Exchange LLC (n/k/a NYSE Amex LLC); 

Boston Stock Exchange, Inc. (n/k/a NASDAQ OMX 

BX, Inc.); Chicago Board Options Exchange, 

Incorporated; Chicago Stock Exchange, Inc.; 

Financial Industry Regulatory Authority, Inc., 

International Securities Exchange, LLC; The 

NASDAQ Stock Market LLC; National Stock 

Exchange, Inc.; New York Stock Exchange LLC 

(‘‘NYSE’’); NYSE Arca, Inc.; and Philadelphia Stock 

Exchange, Inc. (n/k/a NASDAQ OMX PHLX, Inc.). 

4The proposal was originally submitted on June 

19, 2008. However, it was refiled on June 7, 2009 

with appropriate exhibits. 

5Enterprise Cap found in Schedule A–1 of 

Exhibit E to the CTA Plan. 

ensure that the Subadvisers comply 

with each Subadvised Fund’s 

investment objective, policies and 

restrictions. 

11. No director or officer of the 

Company, or director or officer of the 

Adviser, will own directly or indirectly 

(other than through a pooled investment 

vehicle that is not controlled by such 

person) any interest in a Subadviser, 

except for: (i) Ownership of interests in 

the Adviser or any entity that controls, 

is controlled by, or is under common 

control with the Adviser; or (ii) 

ownership of less than 1% of the 

outstanding securities of any class of 

equity or debt of a publicly traded 

company that is either a Subadviser or 

an entity that controls, is controlled by, 

or is under common control with a 

Subadviser. 

12. Each Subadvised Fund will 

disclose in its registration statement the 

Aggregate Fee Disclosure. 

13. In the event the Commission 

adopts a rule under the 1940 Act 

providing substantially similar relief to 

that in the order requested in the 

application, the requested order will 

expire on the effective date of that rule. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15225 Filed 6–26–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60154; File No. SR–CTA– 

2008–01] 

Consolidated Tape Association; Notice 

of Filing of the Eleventh Charges 

Amendment to the Second 

Restatement of the Consolidated Tape 

Association Plan To Waive the 

Automatic Annual Increase in the 

Enterprise Cap for 2008 

June 19, 2009. 

Pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 608 thereunder,2

notice is hereby given that on June 7, 

2009, the Consolidated Tape 

Association (‘‘CTA’’) Plan Participants 

(‘‘Participants’’) 3 filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) a proposal to amend 

the Second Restatement of the CTA Plan 

(the ‘‘CTA Plan’’).4 The proposal 

represents the eleventh charges 

amendment to the Plan (‘‘Eleventh 

Charges Amendment’’) and reflects 

changes unanimously adopted by the 

Participants. The Eleventh Charges 

Amendment would waive the 

Automatic Annual Increase for 2008 in 

the maximum monthly charge that a 

broker-dealer is required to pay in 

respect of the aggregate amount of 

Network A display-device charges and 

per-quote-packet charges that a brokerdealer pays in respect of 

nonprofessional subscribers that 

maintain brokerage accounts with the 

broker-dealers (the ‘‘Enterprise Cap’’). 

The Commission is publishing this 

notice to solicit comments from 

interested persons on the proposed 

Eleventh Charges Amendment to the 

CTA Plan. 

I. Rule 608(a) 

A. Description and Purpose of the 

Amendment 

The Plan currently caps the maximum 

monthly charge that a broker-dealer is 

required to pay in respect of the 

aggregate amount of: (1) Network A 

display-device charges for devices that 

the broker-dealer’s officers, partners and 

employees use; plus (2) Network A 

display-device and per-quote-packet 

charges that the broker-dealer pays in 

respect of services that it provides to 

nonprofessional subscribers that are 

brokerage account customers of the 

broker-dealer.5

Footnote 5 to Schedule A–1 of Exhibit 

E to the CTA Plan subjects the 

Enterprise Cap to an automatic annual 

increase. The automatic annual increase 

is equal to ‘‘the percentage increase in 

the annual composite share volume for 

the preceding calendar year, subject to 

a maximum annual increase of five 

percent.’’ 

Through this amendment, the 

Participants propose to amend the CTA 

Plan to waive the automatic annual 

increase in the Enterprise Cap for 2008. 

As a result, the monthly fee will remain 

at $660,000 for 2008, the same amount 

as for 2007. The waiver applies to the 

Enterprise Cap only, and not to the 

‘‘Television Ticker Maximum,’’ also set 

forth in Footnote 6 to Schedule A–1 of 

Exhibit E to the CTA Plan. The 

amendment also proposes to update 

Footnote 6 by applying the automatic 

annual increase to the ‘‘Television 

Ticker Maximum,’’ by bringing that 

monthly fee to $157,000 for 2008. 

The text of the proposed Amendment 

is available on the CTA’s Web site 

(http://www.nysedata.com/cta), at the 

principal office of the CTA, and at the 

Commission’s Public Reference Room. 

B. Additional Information Required by 

Rule 608(a) 

1. Governing or Constituent Documents 

Not applicable. 

2. Implementation of the Amendment 

The Participants propose to 

implement the change upon receipt of 

Commission approval of the 

Amendment. 

3. Development and Implementation 

Phases 

See Item I(B)(2) above. 

4. Analysis of Impact on Competition 

The amendment will impose no 

burden on competition. 

5. Written Understanding or Agreements 

Relating to Interpretation of, or 

Participation in, Plan 

The Participants have no written 

understandings or agreements relating 

to interpretation of the CTA Plan as a 

result of the amendment. 

6. Approval by Sponsors in Accordance 

With Plan 

Under Section IV(b) of the CTA Plan, 

each Plan Participant must execute a 

written amendment to the CTA Plan 

before the amendment can become 

effective. The amendment is so 

executed. 

7. Description of Operation of Facility 

Contemplated by the Proposed 

Amendment 

a. Terms and Conditions of Access 

Not applicable. 

b. Method of Determination and 

Imposition, and Amount of, Fees and 

Charges 

Not applicable. 

c. Method of Frequency of Processor 

Evaluation 

Not applicable. 

d. Dispute Resolution 

Not applicable. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31077 

6 17 CFR 200.30–3(a)(27). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4Currently, under subsection (a)(xxxiv) to Rule 

1001A, the Exchange has authority to list Mini-NDX 

options at $2.50 strike price intervals. 

II. Rule 601(a) 

A. Equity Securities for Which 

Transaction Reports Shall be Required 

by the Plan. 

Not applicable. 

B. Reporting Requirements 

Not applicable. 

C. Manner of Collecting, Processing, 

Sequencing, Making Available and 

Disseminating Last Sale Information 

Not applicable. 

D. Manner of Consolidation 

Not applicable. 

E. Standards and Methods Ensuring 

Promptness, Accuracy and 

Completeness of Transaction Reports 

Not applicable. 

F. Rules and Procedures Addressed to 

Fraudulent or Manipulative 

Dissemination 

Not applicable. 

G. Terms of Access to Transaction 

Reports 

Not applicable. 

H. Identification of Marketplace 

Execution 

Not applicable. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed 

Eleventh Charges Amendment 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–CTA–2008–01 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–CTA–2008–01. 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 Plan amendment that 

are filed with the Commission, and all 

written communications relating to the 

Plan amendment 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 CTA Plan amendment also 

will be available for inspection and 

copying at the principal office of the 

CTA. 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–CTA–2008–01 and should 

be submitted on or before July 20, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15223 Filed 6–26–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60156; File No. SR–Phlx– 

2009–46] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX, Inc. Relating to $1 Strikes 

for Reduced Value Nasdaq 100 Options 

(MNX) 

June 22, 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 June 12, 

2009, 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 and 

II 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 

Phlx Rules 1012 (Series of Options 

Open for Trading) and 1101A (Terms of 

Options Contracts) to allow the 

Exchange to list options that are based 

on 1/10th the value of the Nasdaq-100 

Index and are known as Reduced Value 

Nasdaq 100 Options, at $1 strike price 

intervals. 

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 

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 purpose of the proposed rule 

change is to amend Phlx Rules 1012 

(Series of Options Open for Trading) 

and 1101A (Terms of Options Contracts) 

by adding a new interpretation that 

would allow the Exchange to list 

options that are based on 1/10th the 

value of the Nasdaq-100 Index (‘‘NDX’’) 

and are known as Reduced Value 

Nasdaq 100 Options (‘‘MNX’’ or ‘‘MiniNDX’’), at $1 or greater strike price 

intervals.4

Specifically, the Exchange proposes 

that the minimum strike price interval 

Mini-NDX options will be $1 or greater. 

The Exchange believes that $1 strike 

price intervals in Mini-NDX option 

series will provide investors with 

greater flexibility by allowing them to 


sroberts on PROD1PC70 with NOTICES