Federal Register, Volume 75 Issue 13 (Thursday, January 21, 2010)

[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Pages 3515-3516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1016]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61346; File No. SR-OC-2009-04]

Self-Regulatory Organizations; One Chicago, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change, as Modified by
Amendment No. 1, Changing Its Listing Standards in Conformance With the
November 19, 2009 Joint Order Modifying the Listing Standards
Requirements Under Section 6(h) of the Securities Exchange Act of 1934
and the Criteria Under Section 2(a)(1) of the Commodity Exchange Act

January 13, 2010.
Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-7 under the Act,\2\ notice is hereby given
that on December 23, 2009, OneChicago, LLC (``OneChicago'') 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 OneChicago. OneChicago filed Amendment No.
1 to the proposal on January 11, 2010.\3\ The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons. OneChicago also filed the proposed
rule change with the Commodity Futures Trading Commission (``CFTC'')
under Section 5c(c) of the Commodity Exchange Act \4\ on December 23,
2009.
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\1\ 15 U.S.C. 78s(b)(7).
\2\ 17 CFR 240.19b-7.
\3\ Amendment No. 1 corrects typographical errors and provides
the correct filing and effective date for the proposal.
Specifically, Amendment No. 1 states that the proposal was filed,
and became effective, on December 23, 2009, rather than December 2,
2009.
\4\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule
Change

OneChicago is proposing to amend Rule 906(b)(1) to conform its
maintenance standards to those approved by both the SEC and the CFTC
(together the ``Commissions'') in their Joint Order dated November 19,
2009 (``JO-2009'').\5\ OneChicago amended Rule 906(a)1 and 4 effective
December 3, 2009.\6\ The text of the proposed rule change is available
on OneChicago's Web site at http://www.onechicago.com, on the
Commission's Web site at http://www.sec.gov, at the principal office of
OneChicago, and at the Commission's Public Reference Room.
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\5\ Securities and Exchange Commission Release No. 34-61027
(November 19, 2009). Joint Order Modifying the Listing Standards
Requirements under Section 6(h) of the Securities Exchange Act of
1934 and the Criteria under Section 2(a)(1) of the Commodity
Exchange Act.
\6\ See OCX Rule filing 2009-03, December 2, 2009.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

OneChicago has prepared statements concerning the purpose of, and
basis for, the proposed rule change, burdens on competition, and
comments received from members, participants, and others. The text of
these statements may be examined at the places specified in Item IV
below. These statements are set forth in Sections A, B, and C below.

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

1. Purpose
The purpose of this proposed rule change is to permit security
futures to maintain comparability with the options markets and to
provide competitive financial tools that offer a variety of investing
and hedging products for the public as set forth in the Commissions JO-
2009. This proposed change is simply to conform to JO-2009.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b)(5) of the
Act \7\ in that it is designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to protect investors and the public interest, and to remove impediments
to and perfect the mechanism for a free and open market and a national
market system. In particular, the proposed rule change will maintain
comparability with the listed options markets. Additionally, the
changes are consistent with those set forth in JO-2009.
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\7\ 15 U.S.C. 78f(b)(5).

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[[Page 3516]]

B. Self-Regulatory Organization's Statement on Burden on Competition

OneChicago does not believe that the proposed rule change will have
an impact on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

Comments on the OneChicago proposed rule change have not been
solicited and none have been received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

The proposed rule change will become effective on December 23,
2009. Within 60 days of the date of effectiveness of the proposed rule
change, the Commission, after consultation with the CFTC, may summarily
abrogate the proposed rule change and require that the proposed rule
change be refiled in accordance with the provisions of Section 19(b)(1)
of the Act.\8\
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\8\ 15 U.S.C. 78s(b)(1).
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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, as amended, 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-OC-2009-04 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-OC-2009-04. 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 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-OC-2009-04 and should be
submitted on or before February 11, 2010.
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\9\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1016 Filed 1-20-10; 8:45 am]
BILLING CODE 8011-01-P