
[Federal Register: May 21, 2009 (Volume 74, Number 97)]
[Notices]               
[Page 23908-23909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my09-135]                         

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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 rule-comments@sec.gov. 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
