[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9989-9990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4454]



[[Page 9989]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61583; File No. SR-Phlx-2010-23]


Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Intermarket Linkage Rules

February 25, 2010.
    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 February 19, 2010, 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 self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to eliminate Exchange Rule 1088, Phase Out of 
Intermarket Linkage Rules.

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 purpose of the proposed rule change is to eliminate Exchange 
Rule 1088, a temporary rule titled Phase Out of Intermarket Linkage 
Rules because this rule is no longer necessary.
    On June 17, 2008, the Exchange filed the Options Order Protection 
and Locked/Crossed Market Plan (``Plan''), joining all other approved 
options markets in adopting the Plan.\3\ The Plan requires each options 
exchange to adopt rules implementing various requirements specified in 
the Plan.\4\ The Plan replaces the former Plan for the Purpose of 
Creating and Operating an Intermarket Linkage (``Linkage Plan'').\5\ 
The Linkage Plan required Participating Options Exchanges to operate a 
stand-alone system or ``Linkage'' for sending order-flow between 
exchanges to limit trade-throughs.\6\ The Options Clearing Corporation 
(``OCC'') operated the Linkage system (the ``System'').\7\ The Exchange 
adopted various new rules in connection with the Plan to avoid trade-
throughs and locked markets, among other things.\8\ The Exchange 
currently offers private routing directly to away markets.\9\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 60405 (July 20, 
2009) (National Market System Plan Relating to Options Order 
Protection and Locked/Crossed Markets). The Plan is a national 
market system plan proposed by the seven existing options exchanges 
and approved by the Commission. See Securities Exchange Act Release 
No. 59647 (March 30, 2009), 74 FR 15010 (April 2, 2009) (File No. 4-
546) (``Plan Notice'') and 60405 (July 30, 2009), 74 FR 39362 
(August 6, 2009) (File No. 4-546) (``Plan Approval''). The seven 
options exchanges are: Chicago Board Options Exchange, Incorporated 
(``CBOE''); International Securities Exchange LLC (``ISE''); NASDAQ 
OMX BX, Inc. (``BOX''); The NASDAQ Stock Market LLC (``Nasdaq''); 
NYSE Amex LLC (``NYSE Amex''); NYSE Arca, Inc. (``NYSE Arca''); and 
Phlx (each exchange individually a ``Participant'' and, together, 
the ``Participating Options Exchanges'').
    \4\ See Securities Exchange Act Release No. 60363 (July 22, 
2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-61). Linkage was 
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 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.
    \5\ See Securities Exchange Act Release No. 60363 (July 22, 
2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-61). Linkage was 
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 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.
    \6\ See footnote 5.
    \7\ See footnote 5.
    \8\ See footnote 3.
    \9\ See Exchange Rule 1080(m).
---------------------------------------------------------------------------

    The Exchange adopted Exchange Temporary Rule 1088 in order to 
facilitate the participation of certain Participating Options Exchanges 
who may require the use of P/A Orders and Principal Orders after 
implementation of the Plan.\10\ Certain Participating Options Exchanges 
required a temporary transition period during which they continued to 
utilize these order types that existed under the Linkage Plan. The 
Exchange proposed substantially similar rules with that of the other 
Participating Options Exchanges to accommodate the possibility of 
continued use of P/A Orders and Principal Orders. At this time all 
Participating Options Exchanges have discontinued use of the Linkage 
Plan. The Exchange proposes at this time to delete Temporary Rule 1088 
because it is no longer necessary in light of the discontinued use of 
the Linkage Plan.
---------------------------------------------------------------------------

    \10\ See Securities and Exchange Act Release No. 60550 (August 
20, 2009), 74 FR 44430 (August 28, 2009) (SR-Phlx-2009-61).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, 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, by proposing the elimination of Temporary Rule 1088, which 
reflects usage of a former Linkage Plan that has since been replaced by 
a new Plan.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    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

[[Page 9990]]

19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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.
---------------------------------------------------------------------------

    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 [email protected]. Please include 
File Number SR-Phlx-2010-23 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-2010-23. 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 Web site viewing and 
printing in the Commission's Public Reference Room on official business 
days between the hours of 10 a.m. and 3 p.m.\15\ 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-Phlx-2010-23 and should be submitted on or before March 25, 2010.
---------------------------------------------------------------------------

    \15\ The text of the proposed rule change is available on Phlx's 
Web site at http://www.nasdaqtrader.com, on the Commission's Web 
site at http://www.sec.gov, and at the Commission's Public Reference 
Room.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4454 Filed 3-3-10; 8:45 am]
BILLING CODE 8011-01-P