Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 32021 

24 17 CFR 200.30–3(a)(12) and 200.30–3(a)(44). 

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

2 17 CFR 240.19b–4. 

3See Exchange Act Release 59045 (December 3, 

2008), 73 FR 75151 (December 10, 2008) (SR– 

NYSEALTR–2008–09). 

4See Exchange Act Release 59170 (December 29, 

2008), 74 FR 486 (January 6, 2009) (SR– 

NYSEALTR–2008–19). 

Number SR–CBOE–2009–037 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–CBOE–2009–037. 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 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–CBOE–2009–037 and 

should be submitted on or before July 

27, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.24

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–15775 Filed 7–2–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60176; File No. SR– 

NYSEAmex–2009–30] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC To Extend Through 

September 30, 2009, Its Waiver of 

Registered Representative Fees for 

New York Stock Exchange Member 

Organizations 

June 25, 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 June 23, 

2009, NYSE Amex LLC (the ‘‘Exchange’’ 

or ‘‘NYSE Amex’’) 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 NYSE Amex. 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 extend 

through September 30, 2009, its waiver 

of registered representative fees for New 

York Stock Exchange (‘‘NYSE’’) member 

organizations. The text of the proposed 

rule change is available at the Exchange, 

the Commission’s Public Reference 

Room, and http://www.nyse.com. 

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 

In connection with the acquisition of 

the American Stock Exchange (renamed 

NYSE Amex after the acquisition) by 

NYSE Euronext, all equities trading 

conducted on or through the American 

Stock Exchange legacy trading systems 

and facilities located at 86 Trinity Place, 

New York, New York, was moved on 

December 1, 2008, to the NYSE trading 

facilities and systems located at 11 Wall 

Street, New York, New York (the ‘‘NYSE 

Amex Trading Systems’’), which are 

operated by the NYSE on behalf of 

NYSE Amex (the ‘‘Equities Relocation’’). 

At the time of the Equities Relocation, 

by operation of NYSE Amex Equities 

Rule 2, all NYSE member organizations 

automatically became NYSE Amex 

member organizations. By acquiring 

NYSE Amex membership, the NYSE 

member organizations that were not 

previously NYSE Amex members would 

become subject to the NYSE Amex 

registration fees for all of their 

employees who serve as registered 

representatives. As these NYSE member 

organizations that had no NYSE Amex 

business prior to the Equities Relocation 

became NYSE Amex members without 

any action on their own part, NYSE 

Amex waived the application of its 

registered representative fees to those 

firms for the month of December. At that 

time, NYSE Amex stated that it 

expected to submit a filing to adopt a 

revised registered representative fee 

commencing January 1, 2009.3 The 

waiver was subsequently extended until 

June 30, 2009.4 NYSE Amex has not yet 

determined how best to revise its 

registration fees in light of the accession 

to NYSE Amex membership of these 

NYSE member organizations. As such, 

NYSE Amex believes that it is 

appropriate to continue for the present 

its waiver of registered representative 

fees payable by member organizations 

which acquired their membership 

automatically in connection with the 

Equities Relocation. NYSE Amex will 

submit an amended filing to the 

Commission at such time as it wishes to 

end this waiver. In any event, the 

waiver as extended by this filing will 

expire on September 30, 2009. 

Consequently, NYSE Amex must submit 

a filing on or prior to that date to either 

adopt a new fee approach or to further 

extend the term of the waiver. 

References to the Exchange in 

Footnote 2 of the NYSE Amex Options 

Price List are being changed in this 

filing from ‘‘NYSE Alternext US’’ and 

‘‘NYSE Alternext’’ to ‘‘NYSE Amex,’’ to 

mstockstill on PROD1PC66 with NOTICES

32022 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78a et seq. 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(2). 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

properly reflect the Exchange’s current 

name. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 5 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 6 in general and Section 6(b)(4) of 

the Act 7 in particular, in that it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. The 

Exchange believes that the proposal 

does not constitute an inequitable 

allocation of dues, fees and other 

charges as the waiver of registered 

representative fees applies only to firms 

that became NYSE Amex member 

organizations automatically without any 

action on their part and in spite of the 

fact that they did not conduct any NYSE 

Amex business. 

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 the 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 solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 8 of the Act and 

subparagraph (f)(2) of Rule 19b–4 9

thereunder, because it establishes a due, 

fee, or other charge imposed by NYSE 

Amex. 

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–NYSEAmex–2009–30 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–NYSEAmex–2009–30. 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 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 publicly available. All 

submissions should refer to File 

Number SR–NYSEAmex–2009–30 and 

should be submitted on or before July 

27, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–15791 Filed 7–2–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60172; File No. SR–FINRA– 

2009–040] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing of 

Proposed Rule Change To Adopt 

FINRA Rule 2380 To Limit the Leverage 

Ratio Offered by Broker-Dealers for 

Certain Forex Transactions 

June 25, 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 June 4, 

2009, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I, II, 

and III below, which Items have been 

substantially prepared by FINRA. 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 

FINRA is proposing to adopt FINRA 

Rule 2380 to prohibit any member firm 

from permitting a customer to: (1) 

Initiate any forex position with a 

leverage ratio of greater than 1.5 to 1; 

and (2) withdraw money from an open 

forex position that would cause the 

leverage ratio for such position to be 

greater than 1.5 to 1. 

The text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA 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, 

FINRA included statements concerning 

the purpose of and basis for the 

mstockstill on PROD1PC66 with NOTICES