Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 33005 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 4 15 U.S.C. 78f. 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60226; File No. SR– 

NYSEAmex–2009–33] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and Order 

Granting Accelerated Approval of 

Proposed Rule Change Amending the 

Linkage Fees Portion of the Schedule 

of Fees and Charges for Exchange 

Services 

July 1, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on June 26, 

2009, the NYSE Amex LLC (‘‘NYSE 

Amex’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons and 

grant accelerated approval of the 

proposed rule change. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to [sic] the 

Linkage Fees portion of the Schedule of 

Fees and Charges for Exchange Services 

(‘‘Schedule’’). The Exchange intends for 

these changes to become operative on 

July 1, 2009 in conjunction with 

changes to the equivalent transaction 

fees. The text of the proposed rule 

change is attached as Exhibit 5 to the 

19b–4 form. A copy of this filing is 

available on the Exchange’s Web site at 

http://www.nyse.com, at the Exchange’s 

principal office 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 these statements may be examined at 

the places specified in Item III below, 

and the most significant aspects of such 

statements are set forth in Sections A, B, 

and C below. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to amend 

the existing Schedule in order to revise 

the Linkage Fees portion of the 

Schedule, so as to match the fee changes 

the Exchange has proposed in a separate 

filing concerning certain Broker Dealer 

and Firm executions. 

Executions on NYSE Amex resulting 

from orders sent via the InterMarket 

Linkage System (‘‘Linkage Orders’’) are 

presently subject to the same billing 

treatment as other Broker Dealer and 

Firm orders. In a separate filing, the 

Exchange proposed to charge $0.15 for 

electronic Broker Dealer and Firm 

transactions. By this filing, the 

Exchange proposes to match the Linkage 

Fees to the electronic Broker Dealer and 

Firm charges and now charge $0.15 per 

contract for electronically executed 

Linkage orders. The Exchange intends to 

implement this new Linkage fee in 

conjunction with the implementation of 

the new transaction fees on July 1, 2009. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act,4 in general, and Section 

6(b)(5) [sic], in particular, in that it 

provides 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 Linkage orders that are routed 

to the Exchange from other market 

centers. 

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. 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 (www.sec.gov/rules/ 

sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex–2009–33 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–2009–33. 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 am and 3 pm. 

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–NYSEAmex–2009–33 and 

should be submitted on or before July 

30, 2009. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of the 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 


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33006 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

5 In approving this rule change, the Commission 

notes that it has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

6 15 U.S.C. 78f(b)(5). 

7See SR–NYSEAmex–2009–38 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The Exchange uses the terms ‘‘specialists’’ and 

‘‘specialist units’’ interchangeably herein. 4See Exchange Rule 1080. 

5FBMS is designed to enable Floor Brokers and/ 

or their employees to enter, route and report 

transactions stemming from options orders received 

on the Exchange. FBMS also is designed to establish 

an electronic audit trail for options orders 

represented and executed by Floor Brokers on the 

Exchange, such that the audit trail provides an 

accurate, time-sequenced record of electronic and 

other orders, quotations and transactions on the 

Exchange, beginning with the receipt of an order by 

the Exchange, and further documenting the life of 

the order through the process of execution, partial 

execution, or cancellation of that order. See 

Exchange Rule 1080, Commentary .06. 

6Linkage is governed by the Options Linkage 

Authority under the conditions set forth under the 

Plan for the Purpose of Creating and Operating an 

Intermarket Option Linkage (the ‘‘Plan’’) approved 

by the Commission. The registered U.S. options 

markets are linked together on a real-time basis 

through a network capable of transporting orders 

and messages to and from each market. 

7This proposal is scheduled to be in effect for the 

same time period as a pilot program relating to fees 

for Linkage Principal Orders and P/A Orders. See 

Securities Exchange Act Release No. 58144 (July 11, 

2008), 73 FR 41394 (July 18, 2008) (SR–Phlx–2008– 

49). See also, SR–Phlx–2009–53 filed June 29, 2009. 

a national securities exchange.5 In 

particular, the Commission finds that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,6 which 

requires that the rules of an exchange to 

provide for the equitable allocation of 

reasonable dues, fees and other charges 

among its members and other persons 

using its facilities. 

The Commission finds good cause for 

approving this proposal before the 30th 

day after the publication of notice 

thereof in the Federal Register. The 

proposal seeks to conform Linkage Fees 

with the fees charged on other Broker 

Dealer and Firm executions. The 

Exchange plans to implement this new 

Linkage Fee in conjunction with the 

implementation of the new transactions 

fees on July 1, 2009.7 The reduction of 

transactions fees charged on Linkage 

Orders to conform with the fees charged 

on other Broker Dealer and Firm 

executions does not appear to present 

any new or significant regulatory 

concerns. Therefore, the Commission 

believes that accelerating approval of 

this proposal would allow the Exchange 

to implement this new lower Linkage 

Fee in conjunction with the 

implementation of the new transactions 

fees on July 1, 2009. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–NYSEAmex2009–33) be, and it hereby is, approved 

on an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16188 Filed 7–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60209; File No. SR–Phlx– 

2009–55] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to the 

Extension of a Pilot Program Related 

to a Specialist Fee Credit for Linkage 

Orders 

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, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ 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 extend for 

a one-year period until July 31, 2010, its 

current pilot programs relating to: (1) 

An option transaction charge credit of 

$0.21 per contract for Exchange options 

specialist units 3 that incur Phlx option 

transaction charges when a customer 

order is delivered electronically via 

Phlx XL 4 or via the Exchange’s Options 

Floor Broker Management Systems 

(‘‘FBMS’’),5 and is then executed via the 

Intermarket Option Linkage 

(‘‘Linkage’’) 6 as a Principal Acting as 

Agent Order (‘‘P/A Order’’); and (2) the 

Floor Broker Linkage P/A fee and 

Options Specialist Unit Credit, which 

charges floor brokers an amount equal to 

the transaction fee(s) assessed on 

options specialist units by another 

exchange in connection with customer 

orders that are delivered to the limit 

order book via FBMS and executed via 

Linkage as P/A Orders. The Exchange 

then provides to options specialist units 

a credit in an amount equal to the 

transaction fee(s) assessed on them by 

another exchange in connection with 

executing customer orders that are 

delivered to the limit order book via 

FBMS and executed via Linkage as P/A 

Orders. 

While changes to the fee schedule 

pursuant to this proposal are effective 

upon filing, the Exchange has 

designated the changes to be in effect for 

transactions settling on or after July 31, 

2009.7

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 

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 currently provides for 

an option transaction charge credit of 

$0.21 per contract for Exchange options 

specialist units that incur Phlx option 

transaction charges when a customer 

order is delivered electronically via 

Phlx XL or via FBMS and then is 


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