Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31781 

15The rationale for the proposed rule change was 

confirmed in a phone conversation with Mignon 

McLemore of FINRA, on June 22, 2009. 

16 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)4). 

4The term ‘‘Actual Participants Fund Deposit’’ 

means the actual amount the participant has 

deposited to the Participants Fund including its 

Required Participants Fund Deposit and Voluntary 

Participants Fund Deposit. 

of the dispute resolution forum, and 

would assist in the efficient 

administration of the arbitration process 

by streamlining certain procedures and 

clarifying the allocation of hearing 

fees.15

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA 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, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received by FINRA. 

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–FINRA–2009–041 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–2009–041. 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. 

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 the File 

Number SR–FINRA–2009–041 and 

should be submitted on or before July 

23, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15610 Filed 7–1–09; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60173; File No. SR–DTC– 

2009–12] 

Self-Regulatory Organizations; the 

Depository Trust Company; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Voluntary Participants Fund Deposit 

June 25, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

June 12, 2009, the Depository Trust 

Company (‘‘DTC’’) 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 primariy by DTC. DTC filed 

the proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 2 and 

Rule 19b–4(f)(4) 3 thereunder so that the 

proposal was effective upon filing with 

the Commission. 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 proposed rule change will allow 

a DTC participant to submit a request to 

have its Voluntary Participants Fund 

Deposit credited to its settlement 

account on the next business day 

following the request. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

DTC 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. DTC 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 

The Participants Fund is a mandatory 

risk management control for all DTC 

participants and is comprised of the 

Required Participants Fund Deposits, 

which are collected through DTC’s 

Settlement System, and any Voluntary 

Participants Fund Deposits (collectively, 

‘‘Actual Participants Fund Deposits’’ 4) 

of all participants. Currently, 

participants may request a return of 

their Voluntary Participants Fund 

Deposit on a monthly basis by sending 

free form wire instructions to DTC 

through the Participants Fund Return 

Request application. DTC’s Risk 

Management Department reviews each 

request and, if appropriate, DTC will 

make the return through Fedwire to the 

account requested on the wire 

instruction. 

DTC’s participants have requested the 

ability to also receive their Voluntary 

31782 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

5 15 U.S.C. 78q–1. 

6 15 U.S.C. 78s(b)(3)(A)(iii). 

7 17 CFR 240.19b–4(f)(4). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Amendment No. 1 replaced and superseded the 

original filing in its entirety. 

4See Securities Exchange Act Release No. 60021 

(June 1, 2009), 74 FR 27217 (‘‘Notice’’). 

Participants Fund Deposit by credit to 

their settlement accounts. Effective July 

31, 2009, DTC will enhance its 

Participants Fund Return Request 

application to give each participant the 

ability to have its Voluntary Participants 

Fund Deposit credited to its settlement 

account on the next business day 

following the request. A decrease 

request must be submitted by 2:30 p.m. 

in order for a participant to be eligible 

to receive the credit the following 

business day. In addition, in an effort to 

effectively manage risk and to eliminate 

the need for participants to provide DTC 

with free form wire instructions, DTC 

will require that each participant 

wishing to receive its Voluntary 

Participants Fund Deposit through 

Fedwire must establish standing wire 

instructions with DTC’s Account 

Administration Department for the 

return of any Voluntary Participants 

Fund Deposit going forward. Absent 

such standing wire instructions, DTC 

will automatically return any requested 

Voluntary Participants Fund Deposit by 

crediting the Participant’s settlement 

account. Participants will continue to 

have the ability to withdraw their 

Voluntary Participants Fund Deposit on 

a monthly basis by sending free form 

wire instructions to DTC. 

DTC believes that the proposed rule 

change is consistent with the 

requirements of Section 17A of the Act 5

and the rules and regulations 

thereunder because it will promote the 

prompt and accurate clearance and 

settlement of securities transactions by 

providing participants with a more 

efficient process for receiving their 

Voluntary Participants Fund Deposits. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

DTC has not solicited or received 

written comments relating to the 

proposed rule change. DTC will notify 

the Commission of any written 

comments it receives. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective upon filing pursuant to Section 

19(b)(3)(A)(iii) of the Act 6 and Rule 

19b–4(f)(4) 7 thereunder because the 

proposed rule change effects a change in 

an existing service of DTC that (i) does 

not adversely affect the safeguarding of 

securities or funds in DTC’s custody or 

control or for which it is responsible 

and (ii) does not significantly affect the 

respective rights of DTC or persons 

using the service. At any time within 

sixty days of the filing of such 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 

No. SR–DTC–2009–12 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 No. 

SR–DTC–2009–12. 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 

Section, 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 filings also will be 

available for inspection and copying at 

DTC’s principal office and DTC’s Web 

site at http://www.dtc.org/impNtc/mor/ 

index.html. 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 No. SR–DTC–2009– 

12 and should be submitted on or before 

July 23, 2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15612 Filed 7–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60169; File No. SR–Phlx– 

2009–40] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Order 

Granting Accelerated Approval of a 

Proposed Rule Change as Modified by 

Amendment No. 1 Thereto Relating to 

Listing and Trading of Foreign 

Currency Options 

June 24, 2009. 

I. Introduction 

On May 8, 2008, NASDAQ OMX 

PHLX, Inc. (‘‘Phlx’’ 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 amend its rules relating to the 

listing and trading of U.S. dollar-settled 

foreign currency options (‘‘FCOs’’). On 

May 29, 2009, the Exchange filed 

Amendment No. 1 to the proposed rule 

change.3 The proposed rule change, as 

modified by Amendment No. 1, was 

published for comment in the Federal 

Register on June 8, 2009.4 The 

Commission received no comments on 

the proposal. This order approves the 

proposed rule change, as modified by