[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23908-23909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11809]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59918; File No. SR-BX-2009-024]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Making
Clerical Corrections of the Rules of the Boston Options Exchange
Facility
May 14, 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 May 7, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') 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 the self-regulatory organization. The Exchange filed
the proposed rule change pursuant to Section 19(b)(3)(A)(i) of the
Act,\3\ and Rule 19b-4(f)(3) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule from interested
persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(i).
\4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Rules of the Boston Options
Exchange Group, LLC (``BOX'') to make clerical corrections to Chapter
V, Section 18 of the BOX Rules. The Exchange shall implement this rule
proposal immediately. The text of the proposed rule change is available
from the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.
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 IV below. The self-regulatory organization
has
[[Page 23909]]
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 Exchange proposes to make clerical corrections to the rule text
of Chapter V, Section 18 of the BOX Rules and the supplementary
material thereto. These changes had been previously approved by the
Commission.\5\
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\5\ See Securities Exchange Act Release No. 55415 (March 7,
2007), 72 FR 11411 (March 13, 2007) (SR-BSE-2006-03).
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Subsequent to the Commission's approval of the amendments to
Chapter V, Section 18 of the BOX Rules and the supplementary material
thereto, the Commission approved, further amendments to Chapter V,
Section 18 of the BOX Rules and the supplementary material thereto.\6\
The later amendments are currently reflected in the BOX Rules. The
Exchange proposes to make clerical corrections to Supplementary
Material .03, as originally proposed, and renumber current
Supplementary Material .03 as Supplementary Material .04.\7\
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\6\ In SR-BSE-2006-56, the Commission, among other things,
approved the current Supplementary Material .03 to Chapter V,
Section 18 of the BOX Rules. If Supplementary Material .03,
previously approved in SR-BSE-2006-03, was reflected in the BOX
Rules at the time when SR-BSE-2006-56 was ultimately approved, then
current Supplementary Material .03 should have been included within
Section 18 as Supplementary Material .04. See Securities Exchange
Act Release No. 56186 (August 2, 2007), 72 FR 44593 (August 8, 2007)
(SR-BSE-2006-56).
\7\ The insertion of the clerical corrections to the
Supplementary Material as .03 and renumbering of current
Supplementary Material .03 as Supplementary Material .04 will not
affect the meaning, interpretation or function of Chapter V, Section
18 of the BOX Rules or any other sections of the BOX Rules.
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2. Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to prevent fraudulent and manipulative acts, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. The proposed rule change will allow the Exchange to
properly reflect the appropriate approved text in the BOX Rules.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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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
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(3) thereunder,\11\ the Exchange has designated this proposal as
one that is concerned solely with the administration of the self-
regulatory organization. Accordingly, the Exchange believes that its
proposal should become immediately effective. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate the rule change if it appears to the Commission that
the action is necessary or appropriate in the public interest, for the
protection of investors, or would otherwise further the purposes of the
Act.
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 C.F.R. 210.19b-4(f)(3) [sic].
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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 [email protected]. Please include
File Number SR-BX-2009-024 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-BX-2009-024. 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-BX-
2009-024 and should be submitted on or before June 11, 2009.
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\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-11809 Filed 5-20-09; 8:45 am]
BILLING CODE 8010-01-P