
[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Notices]               
[Page 1436-1437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja10-97]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61283; File No. SR-BX-2009-082]

 
Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Facilitate 
Annual Membership Billing Conducted by BX Using the FINRA CRD System

January 4, 2010.
    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 December 14, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'') 
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 BX. BX has designated the proposed rule 
change as one that is concerned solely with the administration of the 
self-regulatory organization pursuant to Rule 19b-4(f)(3) under the 
Act,\3\ 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\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    BX submits this proposed rule change to facilitate annual 
membership billing conducted by the Financial Industry Regulatory 
Authority (``FINRA'') on behalf of BX.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, BX 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. BX 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
    BX is proposing to allow FINRA to deduct an annual $3,000 
membership fee from Boston Options Exchange Group, LLC (``BOX'') 
participants' CRD accounts and promptly refund the charge back to the 
same participants' accounts. Pursuant to a regulatory services 
agreement, FINRA is providing BX with certain regulatory services, 
including the collection of annual membership fees from BX members 
pursuant to BX Rule 7001(a). BOX participants are not subject to the BX 
annual membership fee. Due to a limitation with FINRA's systems, FINRA 
is unable to differentiate between BX members and BOX participants. As 
a consequence, FINRA must deduct the BX fee from both member and 
participant accounts. BX is proposing to promptly refund the charge to 
BOX participants after collection by FINRA. Specifically, after receipt 
of the lump sum payment from FINRA representing the collection of funds 
from both member and participant accounts, BX will provide to FINRA the 
BOX participant funds together with a list of each participant to which 
FINRA must remit pro-rata payment. BOX has provided its participants 
with notice of the impending charge and rebate.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\4\ in general and with 
Sections 6(b)(5) of the Act,\5\ in particular, in that it is designed 
to prevent fraudulent and manipulative acts and practices, to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, 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 change will 
facilitate FINRA's operation of the CRD system, while ensuring that BOX 
participants are not improperly charged a fee.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BX 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

    Pursuant to Section 19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-
4(f)(3) thereunder,\7\ the Exchange has designated this proposal as one 
that is concerned solely with the administration of the self-regulatory 
organization, which renders the proposed rule change effective upon 
filing.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(3).
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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:

[[Page 1437]]

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 No. SR-BX-2009-082 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 No. SR-BX-2009-082. 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 also will be available for 
inspection and copying at the principal office of BX. 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-2009-082 and should be 
submitted on or before February 1, 2010.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-195 Filed 1-8-10; 8:45 am]
BILLING CODE 8011-01-P

