Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36289 

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

2 17 CFR 240.19b–4. 

3See Securities and Exchange Act Release No. 

59441 (February 24, 2009), 74 FR 9322 (March 3, 

2009) (File No. 10–191). 

4The Commission notes that the first paragraph 

of proposed Rule 2.50 reads, in relevant part: 

C2 Options Exchange, Incorporated (‘‘C2’’) will be 

and remain a self-regulatory organization registered 

under Section 6 of the Exchange Act and as such 

will have statutory authority and responsibility 

concerning, among other things, the operation of its 

market and regulation of its members. As the parent 

company with 100% controlling interest in C2, the 

Exchange will be responsible for ensuring that C2 

Continued 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

8. A record or information in this 

system may be disclosed to any person 

with whom the Commission contracts to 

reproduce, by typing, photocopy or 

other means, any record within this 

system for use by the Commission and 

its staff in connection with their official 

duties or to any person who is utilized 

by the Commission to perform clerical 

or stenographic functions relating to the 

official business of the Commission. 

9. To interns, grantees, experts and 

contractors who have been engaged by 

the Commission to assist in the 

performance of a service related to this 

system of records and who need access 

to the records for the purpose of 

assisting the Commission in the efficient 

administration of its programs. 

Recipients of these records shall be 

required to comply with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format, and paper form. Electronic 

records are stored in computerized 

databases. Paper records are stored in 

locked file rooms or file cabinets. 

RETRIEVABILITY: 

Records may be retrieved by any of 

the following: Individual name, receipt 

date, entity name if provided, telephone 

number or e-mail address if provided, 

the subject matter, or other indexed 

information. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

RETENTION AND DISPOSAL: 

These records will be maintained 

until they become inactive, at which 

time they will be retired or destroyed in 

accordance with records schedules of 

the United States Securities and 

Exchange Commission and as approved 

by the National Archives and Records 

Administration. 

SYSTEM MANAGERS AND ADDRESSES: 

Deputy Associate Director, Office of 

Broker-Dealer Finances, and Senior 

Special Counsel, Office of Interpretation 

and Guidance, Division of Trading and 

Markets, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–7561. 

NOTIFICATION PROCEDURE: 

All requests to determine whether this 

system of records contains a record 

pertaining to the requesting individual 

may be directed to the FOIA/PA Officer, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–5100. 

RECORD ACCESS PROCEDURES: 

Persons wishing to obtain information 

on the procedures for gaining access to 

or contesting the contents of these 

records may contact the FOIA/PA 

Officer, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Information collected is received from 

individuals primarily through telephone 

calls, e-mails, facsimiles, or letters to the 

Division of Trading and Markets or 

other Commission offices. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

By the Commission. 

Dated: July 16, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–17348 Filed 7–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60307; File No. SR–CBOE– 

2009–048] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of a 

Proposed Rule Change Regarding 

Authority Over C2 Options Exchange, 

Incorporated 

July 15, 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 July 2, 

2009, the Chicago Board Options 

Exchange, Incorporated (the ‘‘Exchange’’ 

or ‘‘CBOE’’) 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 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 filing concerns CBOE’s authority 

over C2 Options Exchange, 

Incorporated. The text of the proposed 

rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/legal), at the Exchange’s 

Office of the Secretary, and at the 

Commission. 

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 

The proposed rule change relates to 

CBOE’s authority over C2 Options 

Exchange, Incorporated (‘‘C2’’), a 

wholly-owned subsidiary of CBOE that 

has filed with the Commission to 

register as a self-regulatory organization 

under Section 6 of the Exchange Act.3

The filing is intended to clarify CBOE’s 

intent that, upon any approval of the 

Form 1 application seeking to establish 

C2 as a registered options exchange, 

CBOE will be responsible for ensuring 

that C2 will fulfill its self-regulatory 

obligations and will have the resources 

necessary for it to do so.4 The proposed 


jlentini on DSKJ8SOYB1PROD with NOTICES
36290 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 

meets its obligations as a self-regulatory 

organization. 

5The Commission notes that the proposed 

principles set forth in proposed Rule 2.50 are as 

follows: 

1. The Exchange will exercise its powers and its 

managerial influence to ensure that C2 fulfills its 

self-regulatory obligations by: 

Directing C2 to take action necessary to effectuate 

its purposes and functions as a national securities 

exchange operating pursuant to the Exchange Act; 

and ensuring that C2 has and appropriately 

allocates such financial, technological, technical, 

and personnel resources as may be necessary or 

appropriate to meet its obligations under the 

Exchange Act. 

2. The Exchange will refrain from taking any 

action with respect to C2 that, to the best of its 

knowledge, would impede, delay, obstruct, or 

conflict with efforts by C2 to carry out its selfregulatory obligations under the Exchange Act and 

the rules and regulations thereunder. 

6 15 U.S.C. 78s(b)(1). 

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

8 15 U.S.C. 78f(b)(5). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 In Amendment No. 1, the Exchange made 

technical, non-substantive corrections to Exhibit 1. 

policy sets forth certain principles that 

will guide CBOE in its fulfillment of its 

responsibilities as parent company of C2 

with ultimate responsibility for C2’s 

compliance with its statutory 

responsibilities as a self-regulatory 

organization should the Commission 

grant C2’s application for registration.5

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 6 and the rules and regulations 

thereunder and, in particular, the 

requirements of Section 6(b) of the Act.7

Specifically, the Exchange believes the 

proposed rule change is consistent with 

the Section 6(b)(5) 8 requirements that 

the rules of an exchange be designed to 

promote just and equitable principles of 

trade, to prevent fraudulent and 

manipulative acts, to remove 

impediments to and to perfect the 

mechanism for a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. 

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 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 

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. 

The Exchange has requested 

accelerated approval of this proposed 

rule change prior to the 30th day after 

the date of publication of notice in the 

Federal Register. The Commission is 

considering granting accelerated 

approval of the proposed rule change at 

the end of a 15-day comment period. 

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–CBOE–2009–048 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–CBOE–2009–048. 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 will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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– 

2009–048 and should be submitted on 

or before August 6, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17350 Filed 7–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60311; File No. SR–ISE– 

2009–51] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change, as Modified by Amendment 

No. 1 Thereto, To Expose All-or-None 

Orders on a Three-Month Pilot Basis 

July 15, 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 July 9, 

2009, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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. On 

July 13, 2009, ISE filed Amendment 

No. 1 3 to the proposed rule change. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 


jlentini on DSKJ8SOYB1PROD with NOTICES