Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34385 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3A Complex Order is composed of two or more 

components and is priced as a single order (a 

‘‘Complex Order Strategy’’) on a net debit or credit 

basis. See Exchange Rule 1080, Commentary .08. 

For a complete description of the Exchange’s 

Complex Order System. [sic] See also Securities 

Exchange Act Release No. 58361 (August 14, 2008), 

73 FR 49529 (August 21, 2008) (SR–Phlx–2008–50). 

4An SQT is an Exchange Registered Options 

Trader (‘‘ROT’’) who has received permission from 

the Exchange to generate and submit option 

quotations electronically through an electronic 

interface with AUTOM via an Exchange approved 

proprietary electronic quoting device in eligible 

options to which such SQT is assigned. See 

Exchange Rule 1014(b)(ii)(A). 

5An RSQT is an ROT that is a member or member 

organization with no physical trading floor 

presence who has received permission from the 

Exchange to generate and submit option quotations 

electronically through AUTOM in eligible options 

to which such RSQT has been assigned. An RSQT 

may only submit such quotations electronically 

from off the floor of the Exchange. See Exchange 

Rule 1014(b)(ii)(B). 

6A Complex Order is composed of two or more 

components and is priced as a single order (a 

‘‘Complex Order Strategy’’) on a net debit or credit 

basis. See Exchange Rule 1080, Commentary .08. 

For a complete description of the Exchange’s 

Complex Order System. [sic] See also Securities 

Exchange Act Release No. 58361 (August 14, 2008), 

73 FR 49529 (August 21, 2008) (SR–Phlx–2008–50). 

7An SQT is an Exchange Registered Options 

Trader (‘‘ROT’’) who has received permission from 

the Exchange to generate and submit option 

quotations electronically through an electronic 

interface with AUTOM via an Exchange approved 

proprietary electronic quoting device in eligible 

options to which such SQT is assigned. See 

Exchange Rule 1014(b)(ii)(A). 

8See Exchange Rule 1080(l), ‘‘* * * The term 

‘Directed Specialist, RSQT, or SQT’ means a 

specialist, RSQT, or SQT that receives a Directed 

Order.’’ A Directed Participant has a higher quoting 

requirement as compared with a specialist, SQT or 

RSQT who is not acting as a Directed Participant. 

See Exchange Rule 1014. 

9See Exchange Rule 1080(l). ‘‘* * * The term 

‘Order Flow Provider’ (‘OFP’) means any member 

or member organization that submits, as agent, 

customer orders to the Exchange.’’ 

10See Securities Exchange Act Release No. 59995 

(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– 

Phlx–2009–32). 

11 In addition the Exchange notes that currently 

Registered Option Traders (on-floor) and specialists 

that exceed 4.5 million contracts (‘‘Volume 

Threshold’’) in a given month are assessed $.01 per 

contract on contract volume above the Volume 

Threshold instead of the applicable options 

transaction charges. 

12See Exchange Rule 1080(l), ‘‘* * * The term 

‘Directed Order’ means any customer order (other 

than a stop or stop-limit order as defined in Rule 

1066) to buy or sell which has been directed to a 

particular specialist, RSQT, or SQT by an Order 

Flow Provider, as defined below. To qualify as a 

Directed Order, an order must be delivered to the 

Exchange via AUTOM.’’ See also See [sic] 

Continued 

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 No. 

SR–NYSEArca–2009–63 and should be 

submitted on or before August 5, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16711 Filed 7–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60267; File No. SR–Phlx– 

2009–42] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change as Modified by 

Amendment No. 2 Thereto Relating to 

Complex Orders 

July 9, 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 26, 

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, II 

and III below, which Items have been 

prepared by the Exchange. On July 2, 

2009, the Exchange filed Amendment 

No. 1 to the proposed rule change. On 

July 7, 2009, Phlx filed Amendment No. 

2 to the proposed rule change and 

withdrew Amendment No. 1. 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 assess a 

$.01 per contract fee for Complex 

Orders 3 in equity options that are 

directed to specialists, Streaming Quote 

Traders (‘‘SQTs’’) 4 and Remote 

Streaming Quote Traders (‘‘RSQTs’’) 5

by a member or member organization 

and are executed electronically as part 

of a Complex Order. 

While changes to the Exchange’s fee 

schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be effective 

for trades settling on or after July 1, 

2009. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/

micro.aspx?id=PHLXRulefilings, 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 these 

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 aspects 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 assess a $.01 per contract 

fee for Complex Orders 6 in equity 

options that are directed to specialists, 

Streaming Quote Traders (‘‘SQTs’’) 7 and 

Remote Streaming Quote Traders 

(‘‘RSQTs’’) (‘‘Directed Participants’’ or 

‘‘Directed Specialists, RSQTs, or 

SQTs’’) 8 by a member or member 

organization (‘‘Order Flow Provider’’ or 

‘‘OFP’’),9 and executed electronically on 

the Exchange’s electronic trading 

platform for options, the Phlx XL II 

system.10 The $0.01 per contract rate 

would be assessed to the Direct [sic] 

Participants, in lieu of the equity 

options transactions fees of $.22 per 

contract side for Registered Option 

Traders (‘‘ROTs’’) (on-floor) and $.21 

per contract side for specialists on 

contracts executed electronically as part 

of a Complex Order.11 This fee 

assessment would not apply to single 

sided Directed Orders 12 pursuant to 


sroberts on DSKD5P82C1PROD with NOTICES
34386 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

Securities Exchange Act Release No. 59995 (May 

28, 2009), 74 FR 26750 (June 3, 2009) (SR–Phlx– 

2009–32) (The Exchange replaced the terms 

AUTOM and AUTO-X with the Phlx XL System, 

such that references to both terms refer to Phlx XL.) 

13 15 U.S.C. 78f(b). 

14 15 U.S.C. 78f(b)(4). 

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

16 17 CFR 240.19b–4(f)(2). 17 17 CFR 200.30–3(a)(12). 

Exchange Rule 1080(l). Customers who 

are on the contra-side of a trade 

involving Directed Orders would not be 

subject to a fee. Also, Complex Orders 

in index and foreign currency options 

would not be subject to this assessment, 

but will continue to be assessed the 

option transaction charges in effect on 

the Exchange for simple orders for all 

participants. The Exchange proposes 

this amendment in order to create 

incentives for specialists, SQTs and 

RSQTs that receive directed order flow 

to provide liquidity in Complex Orders 

sent to the Exchange for execution and 

to encourage directed order flow. 

Currently, the Exchange assesses an 

equity option transaction charge of $.08 

per contract side for specialists and 

ROTs, including SQTs and RSQTs, on 

contracts executed electronically as part 

of a Complex Order in equity options. 

Market participants other than 

specialists and ROTs are assessed the 

applicable current equity option 

transaction charge. Complex Orders are 

currently assessed on a net debit/credit 

basis and are billed on a per contract 

side basis, regardless of the manner in 

which the order was delivered to the 

Exchange. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 13 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 14

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. 

Specifically, the Exchange believes that 

this proposal is equitable because it 

would apply evenly to specialists, SQTs 

and RSQTs transacting with Complex 

Orders sent to the Exchange for 

execution, in that any specialist, SQT or 

RSQT may act as a Directed Participant 

and receive the $.01 per contract fee. 

Also, the Exchange believes this 

proposal will increase liquidity in 

Complex Orders. 

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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 15 and 

paragraph (f)(2) of Rule 19b–4 16

thereunder. 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–Phlx–2009–42 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–Phlx–2009–42. 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 available publicly. All 

submissions should refer to File No. 

SR–Phlx–2009–42 and should be 

submitted on or before August 5, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16714 Filed 7–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6694] 

Wilberforce Pamphlet Publication 

AGENCY: Department of State 

ACTION: Notice of publication of 

pamphlet required by section 202 of the 

William Wilberforce Trafficking Victims 

Protection Reauthorization Act of 2008, 

Public Law 110–457. 

SUMMARY: Section 202 of the William 

Wilberforce Trafficking Victims 

Protection Reauthorization Act of 2008 

(WWTVPRA), Public Law 110–457, 

mandated that the Secretary of State, in 

consultation with the Secretary of 

Homeland Security, the Attorney 

General, and the Secretary of Labor, 

develop an information pamphlet on 

legal rights and resources for aliens 

applying for employment- or educationbased nonimmigrant visas. This notice 

announces the publication of this 

pamphlet on the Web site of the Bureau 

of Consular Affairs of the Department of 

State at: http://travel.state.gov/visa/ 

questions/questions_4413.html. 

DATES: The WWTVPRA Pamphlet is 

effective June 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence B. Kurland, Jr., Legislation 

and Regulations Division, Visa Services, 

Department of State, Washington, DC 

20520–0106. (202) 663–1260, e-mail 

(KurlandLB@state.gov). 


sroberts on DSKD5P82C1PROD with NOTICES