Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto To Incorporate Certain Examination Fees, 10577-10579 [E6-2846]
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
in either 40 Hybrid 2.0 Classes (if a
market-Maker owns a membership) or
30 Hybrid 2.0 Classes (if the marketMaker leases a membership) is
necessary since the average number of
Hybrid 2.0 Classes in a trading crowd is
14.9, and the highest number of Hybrid
2.0 Classes in one trading crowd is 28.
2. Statutory Basis
The Exchange believes the proposed
rule change, as amended, is consistent
with the Act and the rules and
regulations under the Act applicable to
a national securities exchange and, in
particular, the requirements of Section
6(b) of the Act.8 Specifically, the
Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) Act 9 requirements that the rules
of an exchange be designed to promote
just and equitable principles of trade, to
prevent fraudulent and manipulative
acts and, in general, to protect investors
and the public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change, as amended, will
impose any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
wwhite on PROD1PC61 with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposal.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule does not (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, provided that the
Exchange has given the Commission
written notice of its intent to file the
proposed rule change prior to the date
of filing of the proposed rule change or
such shorter time as designated by the
Commission, the proposed rule change
has become effective pursuant to
Section 19(b)(3)(A) of the Act 10 and
Rule 19b–4(f)(6) thereunder.11
At any time within 60 days of the
filing of such proposed rule change, the
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6).
9 15
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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.12
Under Rule 19b–4(f)(6)(iii) of the
Act,13 the proposal does not become
operative for 30 days after the date of its
filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest. The Exchange has
requested that the Commission
accelerate the 30-day operative date.
The Commission, consistent with the
protection of investors and the public
interest, has determined to accelerate
the 30-day operative date because the
proposal does not raise any unique
regulatory issues.14
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:
10577
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
Section. Copies of such filing also will
be available for inspection and copying
at the principal office of the CBOE. 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–CBOE–2006–13 and should
be submitted on or before March 22,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Nancy M. Morris,
Secretary.
[FR Doc. E6–2847 Filed 2–28–06; 8:45 am]
BILLING CODE 8010–01–P
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
Number SR–CBOE–2006–13 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2006–13. 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
12 For purposes of calculating the 60-day
abrogation date, the Commission considers the 60day period to have commenced on February 17,
2006, the date CBOE filed Amendment No. 1.
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of accelerating the 30-day
operative period for this proposal, the Commission
has considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53351; File No. SR–CHX–
2006–06]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change and
Amendment No. 1 Thereto To
Incorporate Certain Examination Fees
February 22, 2006.
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 February
8, 2006, the Chicago Stock Exchange,
Inc. (‘‘CHX’’ 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 CHX. On
February 17, 2006, the CHX filed
Amendment No. 1 to the proposed rule
change.3 The CHX filed the proposal
pursuant to Section 19(b)(3)(A)(ii) of the
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 In Amendment No. 1, the Exchange clarified the
scope of the Series 7A Examination fee in the
proposed rule text and made minor technical
changes with respect to the purpose of the proposal.
1 15
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10578
Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
Act 4 and Rule 19b–4(f)(2) thereunder,5
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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Under the Exchange’s rules, certain
CHX Participants 6 must successfully
I. Self-Regulatory Organization’s
complete the Series 7, 7A, or 27
Statement of the Terms of Substance of
examinations, which are administered
the Proposed Rule Change
by the NASD. Specifically, a Participant,
or a person associated with a
The CHX proposes to amend its
Participant, must successfully complete
Participant Fees and Credits schedule
the Series 7 examination if he or she (1)
(the ‘‘Fee Schedule’’) to incorporate the
accepts orders on the Exchange’s trading
fees charged by the National Association floor from a non-broker-dealer customer;
of Securities Dealers, Inc. (‘‘NASD’’) for
or (2) engages in proprietary or agency
examinations that certain CHX
trading of equities, preferred securities,
participants must successfully
or convertible debt securities, in a
complete. Below is the text of the
location away from the Exchange’s
proposed rule change. Proposed new
trading floor on behalf of a firm for
language is in italics.
which the Exchange is the Designated
Examining Authority.7 Similarly, a
PARTICIPANT FEES AND CREDITS
Participant must complete the Series 7A
*
*
*
*
*
examination if he or she accepts orders
directly from a professional customer
K. Market Regulation and Market
for execution on the Exchange’s trading
Surveillance Fees
floor.8 Finally, a person who is
*
*
*
*
*
associated with a Participant Firm that
is a ‘‘Joint Back Office Participant’’ 9 and
FEES FOR NASD-PROVIDED SERVICES who is designated as a financial and
operations principal for that firm must
[Paid directly to NASD]
complete the Series 27 examination.10
Through this filing, the Exchange
Continuing Education Regulatory
proposes to incorporate into the
Element (Effective January 1,
2006) ...........................................
$75.00 Exchange’s Fee Schedule the fees that
Series 7 Examination .....................
250.00 Exchange Participants must pay the
NASD for these examinations.
Series 7A Examination (includes
NYSE development fee) .............
Series 27 Examination ...................
250.00
95.00
*
*
*
*
*
The text of the proposed rule change,
as amended, is also available on the
Exchange’s Internet Web site (https://
www.chx.com/rules/proposed
_rules.htm), at the principal office of the
Exchange, and at the Commission’s
Public Reference Room.
wwhite on PROD1PC61 with NOTICES
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
CHX 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 CHX has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
4 15
5 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
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2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of Section 6(b) of the
Act,11 in general, and furthers the
6 ‘‘Participant’’ means any holder of a Trading
Permit. A Participant shall be considered a
‘‘member’’ of the Exchange for purposes of the Act.
If a Participant is not a natural person, the
Participant may also be referred to as a ‘‘Participant
Firm,’’ but unless the context requires otherwise,
the term Participant shall refer to an individual
Participant and/or a Participant Firm. See CHX
Article I, Rule 1(l).
7 See CHX Article VI, Rule 3, Interpretation and
Policy .01(d) and .02.
8 See CHX Article VI, Rule 3, Interpretation and
Policy .01(d). For purposes of this requirement, a
‘‘professional customer’’ includes a bank, trust
company, insurance company, investment trust, a
state or political subdivision thereof, a charitable or
nonprofit educational institution regulated under
the laws of the United States or any state, a pension
or profit sharing plan subject to ERISA or of any
agency of the United States or of a state or political
subdivision thereof, or any person (other than a
natural person) who has, or who has under
management, net tangible assets of at least sixteen
million dollars. Id.
9 See CHX Article XI, Rule 3A(a) (defining
requirements for Joint Back Office Participants).
10 See CHX Article VI, Rule 3, Interpretation and
Policy .01(e).
11 15 U.S.C. 78f(b).
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objectives of Section 6(b)(4) of the Act,12
in particular, because it is designed to
provide for the equitable allocation of
reasonable dues, fees, and other charges
among members of the Exchange. The
proposal confirms that Exchange
Participants must pay the NASD for
examinations that such Participants
must successfully complete under the
Exchange rules.
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 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 CHX has neither solicited nor
received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has been designated as a fee change
pursuant to Section 19(b)(3)(A)(ii) of the
Act 13 and Rule 19b–4(f)(2) 14
thereunder. Accordingly, the proposed
rule change is effective upon filing with
the Commission. At any time within 60
days of the filing of the 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:
12 15
U.S.C. 78f(b)(4).
U.S.C. 78s(b)(3)(A)(ii).
14 17 CFR 19b–4(f)(2).
15 The effective date of the original proposed rule
change is February 8, 2006, and the effective date
of Amendment No. 1 is February 17, 2006. 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 such period to
commence on February 17, 2006, the date on which
the Exchange filed Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
13 15
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Notices
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–CHX–2006–06 on the subject
line.
SR–CHX–2006–06 and should be
submitted on or before March 22, 2006.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File No.
SR–CHX–2006–06. 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 will also 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 No.
BILLING CODE 8010–01–P
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Nancy M. Morris,
Secretary.
[FR Doc. E6–2846 Filed 2–28–06; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53345; File No. SR–ISE–
2006–10]
Self-Regulatory Organizations;
International Securities Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to the Extension of a
Pilot Period To Increase Position
Limits and Exercise Limits for Equity
Options and Options on the Nasdaq100 Tracking Stock
February 22, 2006.
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 February
7, 2006, 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 and II below, which Items have
been prepared by the ISE. The Exchange
has filed the proposal as a ‘‘noncontroversial’’ rule change pursuant to
section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6) thereunder,4 which renders
it effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The ISE proposes to extend the time
period for the ISE Rule 412 and ISE Rule
414 position and exercise limits pilot
program for equity option contracts and
options on the Nasdaq-100 Index
Tracking Stock (‘‘QQQQ’’) (‘‘Pilot
Program’’). The text of the proposed rule
change is available on the ISE’s Web site
(https://www.iseoptions.com), at the
ISE’s principal office, 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 Exchange 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 Pilot Program provides for an
increase to the standard position and
exercise limits for equity option
contracts and for options on QQQQs.5
The Pilot Program, after being extended
on a prior occasion, is set to expire on
February 23, 2006.6 Specifically, the
Pilot Program increased the applicable
position and exercise limits for equity
options and options on the QQQQ to the
following levels:
Pilot program equity option contract limit
13,500
22,500
31,500
60,000
75,000
25,000
50,000
75,000
200,000
250,000
Current QQQQ option contract limit
Pilot program QQQQ option contract limit
300,000
wwhite on PROD1PC61 with NOTICES
Current equity option contract limit 7
900,000
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).
4 17
CFR 240.19b–4(f)(6).
Securities Exchange Act Release No. 51295
(March 2, 2005), 70 FR 11292 (March 8, 2005)
(notice of filing and immediate effectiveness of SR–
ISE–2005–14) (‘‘Pilot Program Notice’’).
5 See
1 15
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10579
18:25 Feb 28, 2006
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6 See Securities Exchange Act Release No. 52265
(August 15, 2005), 70 FR 48996 (August 22, 2005)
(notice of filing and immediate effectiveness of SR–
ISE–2005–39).
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Agencies
[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Notices]
[Pages 10577-10579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2846]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53351; File No. SR-CHX-2006-06]
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto To Incorporate Certain Examination Fees
February 22, 2006.
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 February 8, 2006, the Chicago Stock Exchange, Inc. (``CHX'' 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 CHX. On February
17, 2006, the CHX filed Amendment No. 1 to the proposed rule change.\3\
The CHX filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the
[[Page 10578]]
Act \4\ and Rule 19b-4(f)(2) thereunder,\5\ 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\ In Amendment No. 1, the Exchange clarified the scope of the
Series 7A Examination fee in the proposed rule text and made minor
technical changes with respect to the purpose of the proposal.
\4\ 15 U.S.C. 78s(b)(3)(A)(ii).
\5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The CHX proposes to amend its Participant Fees and Credits schedule
(the ``Fee Schedule'') to incorporate the fees charged by the National
Association of Securities Dealers, Inc. (``NASD'') for examinations
that certain CHX participants must successfully complete. Below is the
text of the proposed rule change. Proposed new language is in italics.
PARTICIPANT FEES AND CREDITS
* * * * *
K. Market Regulation and Market Surveillance Fees
* * * * *
Fees for NASD-Provided Services
[Paid directly to NASD]
------------------------------------------------------------------------
------------------------------------------------------------------------
Continuing Education Regulatory Element (Effective January 1, $75.00
2006)........................................................
Series 7 Examination.......................................... 250.00
Series 7A Examination (includes NYSE development fee)......... 250.00
Series 27 Examination......................................... 95.00
------------------------------------------------------------------------
* * * * *
The text of the proposed rule change, as amended, is also available
on the Exchange's Internet Web site (https://www.chx.com/rules/proposed
_rules.htm), at the principal office of the Exchange, 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 CHX 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 CHX 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
Under the Exchange's rules, certain CHX Participants \6\ must
successfully complete the Series 7, 7A, or 27 examinations, which are
administered by the NASD. Specifically, a Participant, or a person
associated with a Participant, must successfully complete the Series 7
examination if he or she (1) accepts orders on the Exchange's trading
floor from a non-broker-dealer customer; or (2) engages in proprietary
or agency trading of equities, preferred securities, or convertible
debt securities, in a location away from the Exchange's trading floor
on behalf of a firm for which the Exchange is the Designated Examining
Authority.\7\ Similarly, a Participant must complete the Series 7A
examination if he or she accepts orders directly from a professional
customer for execution on the Exchange's trading floor.\8\ Finally, a
person who is associated with a Participant Firm that is a ``Joint Back
Office Participant'' \9\ and who is designated as a financial and
operations principal for that firm must complete the Series 27
examination.\10\ Through this filing, the Exchange proposes to
incorporate into the Exchange's Fee Schedule the fees that Exchange
Participants must pay the NASD for these examinations.
---------------------------------------------------------------------------
\6\ ``Participant'' means any holder of a Trading Permit. A
Participant shall be considered a ``member'' of the Exchange for
purposes of the Act. If a Participant is not a natural person, the
Participant may also be referred to as a ``Participant Firm,'' but
unless the context requires otherwise, the term Participant shall
refer to an individual Participant and/or a Participant Firm. See
CHX Article I, Rule 1(l).
\7\ See CHX Article VI, Rule 3, Interpretation and Policy .01(d)
and .02.
\8\ See CHX Article VI, Rule 3, Interpretation and Policy
.01(d). For purposes of this requirement, a ``professional
customer'' includes a bank, trust company, insurance company,
investment trust, a state or political subdivision thereof, a
charitable or nonprofit educational institution regulated under the
laws of the United States or any state, a pension or profit sharing
plan subject to ERISA or of any agency of the United States or of a
state or political subdivision thereof, or any person (other than a
natural person) who has, or who has under management, net tangible
assets of at least sixteen million dollars. Id.
\9\ See CHX Article XI, Rule 3A(a) (defining requirements for
Joint Back Office Participants).
\10\ See CHX Article VI, Rule 3, Interpretation and Policy
.01(e).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\12\ in
particular, because it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among members of
the Exchange. The proposal confirms that Exchange Participants must pay
the NASD for examinations that such Participants must successfully
complete under the Exchange rules.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 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 CHX has neither solicited nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \13\ and Rule
19b-4(f)(2) \14\ thereunder. Accordingly, the proposed rule change is
effective upon filing with the Commission. At any time within 60 days
of the filing of the 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\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(A)(ii).
\14\ 17 CFR 19b-4(f)(2).
\15\ The effective date of the original proposed rule change is
February 8, 2006, and the effective date of Amendment No. 1 is
February 17, 2006. 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 such period to commence on February 17, 2006, the date on
which the Exchange filed Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
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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:
[[Page 10579]]
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-CHX-2006-06 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File No. SR-CHX-2006-06. 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 will also 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 No. SR-CHX-2006-06 and should be submitted on or before March 22,
2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-2846 Filed 2-28-06; 8:45 am]
BILLING CODE 8010-01-P