[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33379-33380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14130]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64594; File No. SR-Phlx-2011-76]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC Relating 
to the Appeal Fee

June 3, 2011.
    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 26, 2011, NASDAQ OMX PHLX LLC (``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. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 Exchange's Fee Schedule to 
eliminate the Appeal Fee for appeals to the Board of Directors. The 
text of the proposed rule change is available on the Exchange's Web 
site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 eliminate the Appeal 
Fee for appeals to the Board of Directors (``Appeal Fee''), in Section 
VI of the Exchange's Fee Schedule entitled ``Access Service, 
Cancellation, Membership, Regulatory and Other Fees.'' The Exchange 
believes that recent amendments to the By-Laws and Rules render this 
Appeal Fee inapplicable.
    Currently, the Exchange assesses a $250 Appeal Fee for an appeal 
from a decision of a Standing Committee, with the exception of appeals 
from a decision of the Business Conduct Committee, Hearing Panels, 
Nominating Committee or Member Nominating Committee, to the Board of 
Directors.\3\ In January 2007, when the Appeal Fee became effective, 
the Exchange noted that By-Law Article XI, Section 11-1 entitled 
``Appeals,'' provided for appeals from decisions of Standing Committees 
to the Board.\4\
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    \3\ The Appeal Fee is refunded to appellant in the event the 
Board of Directors overturns the decision of the Standing Committee.
    \4\ See Securities Exchange Act Release No. 55071 (January 9, 
2007), 72 FR 2078 (January 17, 2007) (SR-Phlx-2006-84).
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    Since that time, the Exchange has amended its By-Laws to: (i) 
Eliminate the Admissions Committee and Options Allocation, Evaluation 
and Securities Committee; (ii) consolidate the Options Committee and 
the Foreign Currency Options Committee into the Quality of Markets 
Committee; and (iii) eliminate By-Law Article XI, Section 11-1 relating 
to appeals from Standing Committees.\5\ The Appeal Fee is not 
applicable to the Business Conduct Committee, Nominating Committee and 
Member Nominating Committee. In addition, the Appeal Fee was originally 
filed to reduce frivolous appeals; such frivolous appeals are not an 
issue at this time.
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    \5\ See Securities Exchange Act Release No. 59924 (May 14, 
2009), 74 FR 23759 (May 20, 2009) (SR-Phlx-2009-23). See also 
Securities Exchange Act Release No. 64338 (April 25, 2011), 76 FR 
24069 (April 29, 2011) (SR-Phlx-2011-13).
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2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule 
is consistent with Section 6(b) of the Act \6\ in general, and furthers 
the objectives of Section 6(b)(4) of the Act \7\ in particular, in that 
it is an equitable allocation of reasonable fees and other charges 
among Exchange members and other persons using its facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that its proposal is reasonable because of 
the recent amendments to the Exchange's By-Laws, reduction in Standing 
Committees and reduction of frivolous claims. The Exchange also 
believes that its proposal is equitable because no member would be 
subject to an Appeal Fee.

[[Page 33380]]

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.\8\ At any time within 60 days of the filing 
of the proposed rule change, the Commission summarily may temporarily 
suspend 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. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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-Phlx-2011-76 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-2011-76. 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, 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 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-2011-76 and should be 
submitted on or before June 29, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14130 Filed 6-7-11; 8:45 am]
BILLING CODE 8011-01-P