Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendments Nos. 1, 2, and 3 Thereto Relating to Fee Changes, 48789-48790 [E5-4536]
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Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices
Program. The letter from CBOE, which
was based on a very limited analysis of
the program, stated that in its opinion,
the Pilot Program did not have any
impact on CBOE’s best quote and size of
best quote or the quality of the CBOE
market. CBOE stated in the letter that it
believed that additional Market-Makers
would utilize the Pilot Program if given
more time to make the required systems
changes.
Should the Exchange decide to
propose to extend, or to obtain
permanent approval of, the Pilot
Program, the Commission expects to
receive a more comprehensive analysis
of the entire Pilot Program two months
prior to the expiration of this six-month
extension, so that the Commission may
evaluate the effectiveness of the Pilot
Program.
The Commission finds good cause,
pursuant to Section 19(b)(2) of the
Act,10 for approving the proposed rule
change, as amended, prior to the
thirtieth day after the publication of
notice thereof in the Federal Register.
The Pilot Program is set to expire on
August 17, 2005, and as such, to allow
the Pilot Program to continue to operate
pursuant to proper authority, the
Commission believes it is appropriate to
accelerate approval. Accordingly, the
Commission finds that good cause
exists, consistent with Section 6(b)(5) of
the Act,11 to approve the proposal on an
accelerated basis.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,12 that the
proposed rule change, as amended (SR–
CBOE–2005–56), is hereby approved on
an accelerated basis on a pilot basis,
scheduled to expire on February 17,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Jonathan G. Katz,
Secretary.
[FR Doc. E5–4532 Filed 8–18–05; 8:45 am]
BILLING CODE 8010–01–P
10 15
U.S.C. 78s(b)(2).
U.S.C. 78f(b)(5).
12 15 U.S.C. 78s(b)(2).
13 17 CFR 200.30–3(a)(12).
11 15
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48789
SECURITIES AND EXCHANGE
COMMISSION
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
[Release No. 34–52250; File No. SR–ISE–
2005–34]
The ISE is proposing to amend its
Schedule of Fees to establish fees for
transactions in options on three narrowbased indexes and three broad-based
indexes. The three narrow-based
indexes are the ISE U.S. Regional Banks
Index, the ISE SINdex, and the ISE BioPharmaceuticals Index. The three broadbased indexes are the ISE 250 Index, the
ISE 100 Index, and the ISE 50 Index.
The text of the proposed rule change, as
amended, is available on the ISE’s Web
site (https://www.iseoptions.com/legal/
proposed_rule_changes.asp), at the
principal office of the ISE, and at the
Commission’s Public Reference Room.
Self-Regulatory Organizations;
International Securities Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change and Amendments Nos. 1, 2,
and 3 Thereto Relating to Fee Changes
August 12, 2005.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on July 12,
2005, the International Securities
Exchange, Inc. (‘‘ISE’’ or ‘‘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 ISE. On July
29, 2005, ISE filed Amendment No. 1 to
the proposed rule change.3 On August
10, 2005, ISE filed Amendment No. 2 to
the proposed rule change.4 On August
11, 2005, ISE filed Amendment No. 3 to
the proposed rule change.5 The ISE has
designated this proposal as one
establishing or changing a due, fee, or
other charge imposed by the ISE under
section 19(b)(3)(A)(ii) of the Act,6 and
Rule 19b–4(f)(2) thereunder,7 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as amended, from interested
persons.
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Amendment No. 1 made technical changes to
the text of the filing, including Exhibit 5 (ISE’s
Schedule of Fees), to correct the name of one of the
narrow-based indexes, the ISE Integrated Oil & Gas
Index, and to add asterisks after the Comparison
Fee section in the Schedule of Fees to indicate
omitted text.
4 Amendment No. 2 made a clarifying change to
the text of the filing to indicate that options on the
ISE Integrated Oil & Gas Index are not currently
listed for trading on the Exchange but that the
Exchange expects to list those options in the near
future. ISE also made a technical change to
correctly renumber all pages of Exhibit 4 and to
clarify the language in Item II.
5 Amendment No. 3 deletes ISE Integrated Oil &
Gas Index from the Schedule of Fees in Exhibit 5,
as well as all references to that Index in the text
of the filing. Due to technical reasons, the Exchange
is not currently able to list options on the ISE
Integrated Oil & Gas Index. The correction to
Exhibit 5 does not affect the fees for transactions in
options on the three narrow-based indexes and the
three broad-based indexes that are the subject of
this filing.
6 15 U.S.C. 78s(b)(3)(A)(ii).
7 17 CFR 240.19b–4(f)(2).
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1 15
2 17
Frm 00127
Fmt 4703
Sfmt 4703
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
ISE 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 ISE 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 is proposing to amend
its Schedule of Fees to establish fees for
transactions in options on three narrowbased indexes and three broad-based
indexes. The narrow-based indexes are
the ISE U.S. Regional Banks Index
(‘‘JLO’’), the ISE SINdex (‘‘SIN’’), and
the ISE Bio-Pharmaceuticals Index
(‘‘RND’’).8 The three broad-based
indexes are the ISE 250 Index (‘‘IXZ’’),
the ISE 100 Index (‘‘IXX’’), and the ISE
50 Index (‘‘IXK’’).9 Specifically, the
8 The Exchange represents that the following
three narrow-based indexes, the ISE U.S. Regional
Banks Index, the ISE SINdex, and the ISE BioPharmaceuticals Index, meet the standards of ISE
Rule 2002(b), which allows the ISE to begin trading
these products by filing Form 19b–4(e) at least five
business days after commencement of trading these
new products pursuant to Rule 19b–4(e) of the Act.
The Commission notes that the ISE filed Form 19b–
4(e) for these narrow-based indexes with the
Commission on June 19, 2005.
9 See Securities Exchange Act Release No. 51913
(June 23, 2005), 70 FR 38220 (July 1, 2005) (SR–
ISE–2004–28) (order approving the trading of
options on the ISE 250 Index, the ISE 100 Index,
and the ISE 50 Index).
E:\FR\FM\19AUN1.SGM
19AUN1
48790
Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / Notices
Exchange is proposing to adopt an
execution fee and a comparison fee for
all transactions in options on JLO, SIN,
RND, IXZ, IXX, and IXK.10 The amount
of the execution fee and comparison fee
for products covered by this filing shall
be the same for all order types on the
Exchange—that is, orders for Public
Customers, Market Makers, and Firm
Proprietary—and shall be equal to the
execution fee and comparison fee
currently charged by the Exchange for
Market Maker and Firm Proprietary
transactions in equity options.11
Further, since options on JLO, SIN,
RND, IXZ, IXX, and IXK are not
multiply-listed, the Payment for Order
Flow fee shall not apply. The Exchange
believes that the proposed rule change,
as amended, will further the Exchange’s
goal of introducing new products to the
marketplace that are competitively
priced.
2. Statutory Basis
The Exchange believes that the
proposed rule change, as amended, is
consistent with section 6(b)(4) of the
Act,12 which requires that an exchange
have an equitable allocation of
reasonable dues, fees, and other charges
among its members and other persons
using its facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change, as amended, does
not impose any burden on competition
that is 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 not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change, as
amended, establishes or changes a due,
fee, or other charge imposed by the
Exchange, it has become effective
pursuant to section 19(b)(3) of the Act 13
10 The Exchange represents that these fees will be
charged only to Exchange members.
11 The execution fee is currently between $.21
and $.12 per contract side, depending on the
Exchange Average Daily Volume, and the
comparison fee is currently $.03 per contract per
side.
12 15 U.S.C. 78f(b)(4).
13 15 U.S.C. 78s(b)(3)(A).
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and Rule 19b–4(f)(2) 14 thereunder. At
any time within 60 days of the filing of
such amended proposed rule change,
the Commission may summarily
abrogate 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.15
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–ISE–2005–34 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
Number SR–ISE–2005–34. 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 (https://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
CFR 19b–4(f)(2).
effective date of the original proposed rule
is July 12, 2005. The effective date of Amendment
No. 1 is July 29, 2005. The effective date of
Amendment No. 2 is August 10, 2005. The effective
date of Amendment No. 3 is August 11, 2005. For
purposes of calculating the 60-day period within
which the Commission may summarily abrogate the
proposed rule change under Section 19(b)(3)(C) of
the Act, the Commission considers the period to
commence on August 11, 2005, the date on which
the ISE submitted Amendment No. 3. See 15 U.S.C.
78s(b)(3)(C).
PO 00000
14 17
15 The
Frm 00128
Fmt 4703
Sfmt 4703
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the ISE. 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–ISE–2005–34 and should be
submitted on or before September 9,
2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Jonathan G. Katz,
Secretary.
[FR Doc. E5–4536 Filed 8–18–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52251; File No. SR–NYSE–
2005–47]
Self-Regulatory Organizations; New
York Stock Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change and
Amendment No. 2 Thereto Relating to
NYSE Rule 103.12 Requiring
Specialists and Clerks To Record Their
Time on the Trading Floor of the
Exchange
August 12, 2005.
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 July 11,
2005, the New York Stock Exchange,
Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Exchange has designated the proposed
rule change as constituting a ‘‘noncontroversial’’ rule change under
Section 19(b)(3)(A)(iii) of the Act,3 and
paragraph (f)(6) of Rule 19b–4 under the
Act,4 which renders the proposal
effective upon receipt of this filing by
the Commission.5 On August 10, 2005,
NYSE filed Amendment No. 1 to the
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
5 NYSE has requested that the Commission waive
both the five-day pre-filing notification requirement
and the 30-day operative delay, as specified in Rule
19b–4(f)(6)(iii). 17 CFR 240.19b–4(f)(6)(iii).
1 15
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]]>Agencies
[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48789-48790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4536]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52250; File No. SR-ISE-2005-34]
Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change and Amendments Nos. 1, 2, and 3 Thereto Relating to Fee Changes
August 12, 2005.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 12, 2005, the International Securities Exchange, Inc.
(``ISE'' or ``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 ISE.
On July 29, 2005, ISE filed Amendment No. 1 to the proposed rule
change.\3\ On August 10, 2005, ISE filed Amendment No. 2 to the
proposed rule change.\4\ On August 11, 2005, ISE filed Amendment No. 3
to the proposed rule change.\5\ The ISE has designated this proposal as
one establishing or changing a due, fee, or other charge imposed by the
ISE under section 19(b)(3)(A)(ii) of the Act,\6\ and Rule 19b-4(f)(2)
thereunder,\7\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Amendment No. 1 made technical changes to the text of the
filing, including Exhibit 5 (ISE's Schedule of Fees), to correct the
name of one of the narrow-based indexes, the ISE Integrated Oil &
Gas Index, and to add asterisks after the Comparison Fee section in
the Schedule of Fees to indicate omitted text.
\4\ Amendment No. 2 made a clarifying change to the text of the
filing to indicate that options on the ISE Integrated Oil & Gas
Index are not currently listed for trading on the Exchange but that
the Exchange expects to list those options in the near future. ISE
also made a technical change to correctly renumber all pages of
Exhibit 4 and to clarify the language in Item II.
\5\ Amendment No. 3 deletes ISE Integrated Oil & Gas Index from
the Schedule of Fees in Exhibit 5, as well as all references to that
Index in the text of the filing. Due to technical reasons, the
Exchange is not currently able to list options on the ISE Integrated
Oil & Gas Index. The correction to Exhibit 5 does not affect the
fees for transactions in options on the three narrow-based indexes
and the three broad-based indexes that are the subject of this
filing.
\6\ 15 U.S.C. 78s(b)(3)(A)(ii).
\7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The ISE is proposing to amend its Schedule of Fees to establish
fees for transactions in options on three narrow-based indexes and
three broad-based indexes. The three narrow-based indexes are the ISE
U.S. Regional Banks Index, the ISE SINdex, and the ISE Bio-
Pharmaceuticals Index. The three broad-based indexes are the ISE 250
Index, the ISE 100 Index, and the ISE 50 Index. The text of the
proposed rule change, as amended, is available on the ISE's Web site
(https://www.iseoptions.com/legal/proposed_rule_changes.asp), at the
principal office of the ISE, 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 ISE 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 ISE 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 is proposing to amend its Schedule of Fees to
establish fees for transactions in options on three narrow-based
indexes and three broad-based indexes. The narrow-based indexes are the
ISE U.S. Regional Banks Index (``JLO''), the ISE SINdex (``SIN''), and
the ISE Bio-Pharmaceuticals Index (``RND'').\8\ The three broad-based
indexes are the ISE 250 Index (``IXZ''), the ISE 100 Index (``IXX''),
and the ISE 50 Index (``IXK'').\9\ Specifically, the
[[Page 48790]]
Exchange is proposing to adopt an execution fee and a comparison fee
for all transactions in options on JLO, SIN, RND, IXZ, IXX, and
IXK.\10\ The amount of the execution fee and comparison fee for
products covered by this filing shall be the same for all order types
on the Exchange--that is, orders for Public Customers, Market Makers,
and Firm Proprietary--and shall be equal to the execution fee and
comparison fee currently charged by the Exchange for Market Maker and
Firm Proprietary transactions in equity options.\11\ Further, since
options on JLO, SIN, RND, IXZ, IXX, and IXK are not multiply-listed,
the Payment for Order Flow fee shall not apply. The Exchange believes
that the proposed rule change, as amended, will further the Exchange's
goal of introducing new products to the marketplace that are
competitively priced.
---------------------------------------------------------------------------
\8\ The Exchange represents that the following three narrow-
based indexes, the ISE U.S. Regional Banks Index, the ISE SINdex,
and the ISE Bio-Pharmaceuticals Index, meet the standards of ISE
Rule 2002(b), which allows the ISE to begin trading these products
by filing Form 19b-4(e) at least five business days after
commencement of trading these new products pursuant to Rule 19b-4(e)
of the Act. The Commission notes that the ISE filed Form 19b-4(e)
for these narrow-based indexes with the Commission on June 19, 2005.
\9\ See Securities Exchange Act Release No. 51913 (June 23,
2005), 70 FR 38220 (July 1, 2005) (SR-ISE-2004-28) (order approving
the trading of options on the ISE 250 Index, the ISE 100 Index, and
the ISE 50 Index).
\10\ The Exchange represents that these fees will be charged
only to Exchange members.
\11\ The execution fee is currently between $.21 and $.12 per
contract side, depending on the Exchange Average Daily Volume, and
the comparison fee is currently $.03 per contract per side.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change, as amended, is
consistent with section 6(b)(4) of the Act,\12\ which requires that an
exchange have an equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposed rule change, as amended,
does not impose any burden on competition that is 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change, as amended, establishes or
changes a due, fee, or other charge imposed by the Exchange, it has
become effective pursuant to section 19(b)(3) of the Act \13\ and Rule
19b-4(f)(2) \14\ thereunder. At any time within 60 days of the filing
of such amended proposed rule change, the Commission may summarily
abrogate 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.\15\
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 19b-4(f)(2).
\15\ The effective date of the original proposed rule is July
12, 2005. The effective date of Amendment No. 1 is July 29, 2005.
The effective date of Amendment No. 2 is August 10, 2005. The
effective date of Amendment No. 3 is August 11, 2005. For purposes
of calculating the 60-day period within which the Commission may
summarily abrogate the proposed rule change under Section
19(b)(3)(C) of the Act, the Commission considers the period to
commence on August 11, 2005, the date on which the ISE submitted
Amendment No. 3. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-ISE-2005-34 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
All submissions should refer to File Number SR-ISE-2005-34. 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 (https://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. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. 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-ISE-2005-34 and should be submitted on or before
September 9, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------
\16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jonathan G. Katz,
Secretary.
[FR Doc. E5-4536 Filed 8-18-05; 8:45 am]
BILLING CODE 8010-01-P
