32214 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78f(b). 

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

5 15 U.S.C. 78s(b)(3)(A). 

6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16036 Filed 7–6–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60206; File No. SR– 

NYSEAmex–2009–34] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending Its Schedule of 

Fees and Charges for Exchange 

Services 

July 1, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on June 29, 

2009, the NYSE Amex LLC (‘‘NYSE 

Amex’’ 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 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 its 

Schedule of Fees and Charges for 

Exchange Services in order to extend 

until December 31, 2009 the current 

pilot program regarding transaction fees 

charged for trades executed through the 

intermarket options linkage (‘‘Linkage’’). 

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 

Exchange 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 this proposed rule 

change is to extend the pilot program 

establishing an NYSE Amex fee for 

Principal (‘‘P’’) Orders and Principal 

Acting as Agent (‘‘P/A’’) Orders 

executed through Linkage. The fee 

currently is effective for a pilot program 

set to expire on July 31, 2009, and this 

filing would extend the fee through 

December 31, 2009. The fee that NYSE 

Amex charges for P and P/A orders is 

the basic execution fee for trading on 

NYSE Amex. This is the same fee that 

all NYSE Amex Option Trading Permit 

Holders pay for non-customer 

transactions executed on the Exchange. 

The Exchange does not charge for the 

execution of Satisfaction Orders sent 

through Linkage and is not proposing to 

charge for such orders. The Exchange is 

making no substantive changes to the 

operation of the pilot program, other 

than extending the pilot program 

through December 31, 2009. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Act,3 in general, and with 

Section 6(b)(4) 4 of the Act 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 for the purpose of executing P 

and P/A orders through Linkage. 

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 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, if 

consistent with the protection of 

investors and the public interest, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 5 and Rule 19b– 

4(f)(6) thereunder.6

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–2009–34 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–2009–34. 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 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32215 

7 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Under the Plan for the Purpose of Creating and 

Operating an Options Intermarket Linkage (‘‘Plan’’) 

and Exchange Rule 6.80(12), which tracks the 

language of the Plan, a ‘‘Linkage Order’’ means an 

Immediate or Cancel Order routed through the 

Linkage as permitted under the Plan. There are 

three types of Linkage Orders: (i) ‘‘P/A Order’’, 

which is an order for the principal account of a 

specialist (or equivalent entity an 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; (ii) ‘‘P 

Order’’, which is an order for the principal account 

of an Eligible Market Maker and is not a P/A Order; 

and (iii) ‘‘Satisfaction Order,’’ which is an order 

sent through the Linkage to notify a member of 

another Participant Exchange of a Trade-Through 

and to seek satisfaction of the liability arising from 

that Trade-Through. 

4See Securities Exchange Act Release No. 58117 

(July 8, 2008), 73 FR 40645 (July 15, 2008), (SR– 

CBOE–2008–69). 

5See CBOE Fees Schedule, Footnote 14. 

Surcharge fees are also assessed on OEX, XEO, SPX, 

volatility index options, DJX and DXL options 

however Linkage fees do not apply to these 

products as they are not multiply listed. 

6 15 U.S.C. 78f(b). 

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

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 available publicly. All 

submissions should refer to File 

Number SR–NYSEAmex–2009–34 and 

should be submitted on or before July 

28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16042 Filed 7–6–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60207; File No. SR–CBOE– 

2009–041] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to an Extension 

of the Linkage Fee Pilot Program 

July 1, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on June 30, 

2009, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ 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 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 its 

Fees Schedule to extend until July 31, 

2010 the Options Intermarket Linkage 

(‘‘Linkage’’) fees pilot program. The text 

of the proposed rule change is available 

at the Exchange, at the Commission’s 

Public Reference Room and http:// 

www.cboe.org/legal. 

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 

Exchange 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’s fees for Principal 

(‘‘P’’) and Principal Acting as Agent (‘‘P/ 

A’’) orders 3 are operating under a pilot 

program scheduled to expire on July 31, 

2009.4 The Exchange proposes to amend 

its Fees Schedule to extend the pilot 

program until July 31, 2010. The 

Exchange is proposing no other changes 

to the operation of the pilot program. 

The Exchange assesses its members 

the following Linkage order related fees: 

(i) $.30 per contract transaction fee, and 

(ii) $.15 per contract surcharge fee on 

transactions in options on the Nasdaq– 

100 Index (MNX and NDX) and options 

on the Russell 2000 Index (RUT) 5. 

Satisfaction orders are not assessed 

Exchange fees. 

The Exchange believes that extension 

of the Linkage fee pilot program until 

July 31, 2010 would give the 

Commission further opportunity to 

evaluate the appropriateness of Linkage 

fees. 

The Exchange also proposes to amend 

Section 21 of the Fees Schedule to 

change the Linkage fees pilot expiration 

date included in that section to July 31, 

2010, thereby extending the term of the 

DPM Linkage Fees Credit program for 

PA orders. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Act 6, in general, and furthers 

the objectives of Section 6(b)(4) 7 of the 

Act in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among CBOE members and other 

persons using its facilities. The 

Exchange believes that extension of the 

Linkage fee pilot program until July 31, 

2010 would give the Commission 

further opportunity to evaluate the 

appropriateness of Linkage fees. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE 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 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, if 

consistent with the protection of