
[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]               
[Page 46270-46272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-141]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60609; File No. SR-BX-2009-056]

 
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the 
Fee Schedule of the Boston Options Exchange Facility

September 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on August 31, 2009, NASDAQ OMX BX, Inc. (the 
``Exchange'') filed with the

[[Page 46271]]

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 Exchange. The Exchange filed the proposed rule 
change pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) 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 change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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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 Fee Schedule of the Boston 
Options Exchange Group, LLC (``BOX''). 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 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 eliminate the Liquidity Make or Take 
Pricing Structure on BOX, as described in Sections 7(a) and 7(b) of the 
current BOX Fee Schedule. The Liquidity Make or Take Pricing Structure, 
and its respective charges and credits, currently applies to most 
classes listed for trading on BOX that are included in the Penny Pilot 
Program, as referenced in Chapter V, Section 33 of the BOX Rules 
(``Penny Pilot Classes'').\5\
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    \5\ A recent proposal submitted by the Exchange for immediately 
[sic] effectiveness removed the following three (3) exchange-traded 
fund share classes from the Liquidity Make or Take pricing 
structure: (1) Standard & Poor's Depositary Receipts[reg] (SPY); (2) 
Powershares[reg] QQQ Trust Series 1 (QQQQ); and (3) iShares Russell 
2000[reg] Index Fund (IWM). See Securities Exchange Act Release No. 
60221 (July 1, 2009), 74 FR 32996 (July 9, 2009) (SR-BX-2009-033). 
These three classes will remain subject only to `standard' fees.
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    As proposed, the Liquidity Make or Take Pricing Structure will no 
longer apply and instead `standard' execution fees will be applied to 
executions in all Penny Pilot Classes, except with regard to inbound P 
and P/A Order executions.\6\ The Exchange believes that this proposed 
fee change will align its pricing so as to better compete with other 
exchanges for executions in Penny Pilot Classes.
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    \6\ Terms not otherwise defined herein shall have the meaning 
proscribed in the Options Order Protection and Locked/Crossed Market 
Plan or the BOX Rules, respectively.
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    The Exchange is proposing that these changes become effective on 
September 1, 2009. In conjunction with this proposal, the Exchange 
proposes to issue a Regulatory Circular notifying BOX Options 
Participants of the impending change to pricing for executions on the 
BOX Market.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\7\ in general, and Section 
6(b)(4) of the Act,\8\ in particular, in that it provides for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members and issuers and other persons using its facilities. In 
particular, this proposed fee change will apply to all member order 
types and amend pricing for executions on BOX so as to better compete 
with the current pricing in place on other exchanges.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
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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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \9\ and Rule 19b-4(f)(2) 
thereunder,\10\ because it establishes or changes a due, fee, or other 
charge applicable only to a member.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    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.

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-2009-056 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-2009-056. 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 such filing will also be

[[Page 46272]]

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 No. SR-BX-
2009-056 and should be submitted on or before September 29, 2009.\11\
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21643 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P
