Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Transaction Fees for Certain Electronically Executed Orders, 26430-26432 [E7-8812]

Download as PDF 26430 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415–1101, verification number is (301) 415–1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to A. H. Gutterman, Esq., Morgan, Lewis & Bockius, 1111 Pennsylvania Avenue, NW., Washington, DC 20004, the attorney for the licensee. For further details with respect to this action, see the application for amendments dated April 4, 2006, which is available for public inspection at the Commission’s PDR, located at One White Flint North, File Public Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 3rd day of May 2007. For the Nuclear Regulatory Commission. Mohan C. Thadani, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7–8911 Filed 5–8–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION sroberts on PROD1PC70 with NOTICES Advisory Committee on Reactor Safeguards (ACRS)Subcommittee Meeting on Thermal-Hydraulic Phenomena; Revised The ACRS Subcommittee meeting on Thermal-Hydraulic Phenomena scheduled for May 23–24, 2007 has been rescheduled to May 24–25, 2007 at 8:30 a.m. in Room T–2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of portions that may be closed to discuss VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 General Electric proprietary information pursuant to 5 U.S.C. 552b(c)(4). The Subcommittee will review the staff evaluation of the MELLLA+, GE Methods, and GE DSS–CD Topical Reports. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Notice of this meeting was published in the Federal Register on Wednesday, April 18, 2007 (72 FR 19553). All other items pertaining to this meeting remain the same as previously published. For Further Information Contact: Mr. Ralph Caruso, Senior Staff Engineer (telephone 301–415–8065 or e-mail: rxc@nrc.gov) between 7:30 a.m. and 4:15 p.m. (ET). Dated: May 3, 2007. Cayetano Santos, Branch Chief, ACRS. [FR Doc. E7–8890 Filed 5–8–07; 8:45 am] BILLING CODE 7590–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice with Respect to List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects Office of the United States Trade Representative. ACTION: Notice with respect to a list of countries denying fair market opportunities for products, suppliers or bidders of the United States in airport construction projects. AGENCY: EFFECTIVE DATE: Date of Publication. FOR FURTHER INFORMATION CONTACT: Dawn Shackleford, Director for International Procurement, Office of the United States Trade Representative, (202) 395–9461, or Behnaz Kibria, Assistant General Counsel, Office of the United States Trade Representative, (202) 395–9589. SUMMARY: Pursuant to section 533 of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. 50104), the United States Trade Representative (USTR) has determined not to include any countries on the list of countries that deny fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects. SUPPLEMENTARY INFORMATION: Section 533 of the Airport and Airway Improvement Act of 1982, as amended by section 115 of the Airport and Airway Safety and Capacity Expansion Act of 1987, Public Law 100–223 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 (codified at 49 U.S.C. 50104) (‘‘the Act’’), requires USTR to decide whether any foreign countries have denied fair market opportunities to U.S. products, suppliers, or bidders in connection with airport construction projects of $500,000 or more that are funded in whole or in part by the governments of such countries. The list of such countries must be published in the Federal Register. For the purposes of the Act, USTR has decided not to include any countries on the list of countries that deny fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects. Susan C. Schwab, United States Trade Representative. [FR Doc. E7–8891 Filed 5–8–07; 8:45 am] BILLING CODE 3190–W7–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55677; File No. SR–CBOE– 2007–32] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Transaction Fees for Certain Electronically Executed Orders April 27, 2007 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 March 29, 2007, the Chicago Board Options Exchange, Incorporated (‘‘CBOE’’ 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 substantially prepared by the CBOE. 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 Exchange proposes to amend the CBOE Fees Schedule (‘‘Fees Schedule’’) to increase transaction fees for certain electronically executed orders. The text of the proposed rule change is available at the CBOE, on the Exchange’s Web site at https://www.cboe.org/legal, and in the Commission’s Public Reference Room. 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / 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 Exchange 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. sroberts on PROD1PC70 with NOTICES A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Currently, the Exchange charges $.25 per contract for broker-dealer transactions and $.26 per contract for non-member market-maker transactions, except for such transactions in options on the S&P 100 Index (‘‘OEX’’ and ‘‘XEO’’) and options on the S&P 500 (‘‘SPX’’), which are charged $.30 per contract for broker-dealer and marketmaker transactions and $.40 per contract for broker-dealer and market-maker transactions, respectively. The purpose of this proposed rule change is to amend the Fees Schedule to establish a higher fee for ‘‘electronically executed’’ brokerdealer and non-member market-maker orders, i.e., broker-dealer and nonmember market-maker orders that are automatically executed on the CBOE Hybrid Trading System (‘‘Hybrid’’). The Exchange proposes to assess electronically executed broker-dealer and non-member market-maker orders a transaction fee of $.45 per contract. Manually executed broker-dealer and non-member market-maker orders would be assessed a transaction fee of $.25 per contract. The $.26 per contract non-member market-maker transaction fee would be deleted from the Fees Schedule. OEX, XEO and SPX brokerdealer and non-member market-maker fees would remain unchanged. Brokerdealer and non-member market-maker orders for options on the Morgan Stanley Retail Index (‘‘MVR’’) would be charged $.25 per contract.3 A new Footnote 16 is proposed to be added to the Fees Schedule clarifying that the broker-dealer manual and electronic transaction fees apply to broker-dealer orders (orders with ‘‘B’’ origin code), non-member market-maker orders 3 OEX, MVR and SPX are currently non-Hybrid classes. VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 (orders with ‘‘N’’ origin code), and orders from specialists in the underlying security (orders with ‘‘Y’’ origin code). No changes are proposed to Linkage order fees. The proposed broker-dealer electronic transaction fee is comparable to the RAES Access Fee assessed by the Exchange on certain orders executed through the RAES system in non-Hybrid classes, which is a fee assessed in addition to standard transaction fees.4 Like the RAES Access Fee, the Exchange believes the proposed broker-dealer electronic transaction fee will help allocate to such orders a fair share of the costs of running the automatic execution feature of Hybrid and related Exchange systems. The proposed fees are modeled after the broker-dealer transaction fees of the NYSE Arca, Inc. (‘‘NYSE Arca’’).5 The Exchange believes its proposed $.45 per contract fee is reasonable in that it is less than the $.50 per contract fee assessed by NYSE Arca on electronically executed broker-dealer and non-member market-maker orders. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,6 in general, and furthers the objectives of Section 6(b)(4) 7 of the Act, in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among CBOE members and other persons using its facilities. B. Self-Regulatory Organization’s Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of 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 solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to 4 See CBOE Fees Schedule, Section 4. Securities Exchange Act Release No. 54309 (August 11, 2006), 71 FR 48571 (August 21, 2006) (SR–NYSEArca–2006–25). 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(4). 5 See PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 26431 Section 19(b)(3)(A) of the Act 8 and subparagraph (f)(2) of Rule 19b–49 thereunder. 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.10 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–CBOE–2007–32 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–2007–32. 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 CBOE. All comments received will be posted without change; the Commission does not edit personal identifying 8 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 10 Id. 9 17 E:\FR\FM\09MYN1.SGM 09MYN1 26432 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–CBOE–2007–32 and should be submitted on or before May 30, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–8812 Filed 5–8–07; 8:45 am] SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55697; File No. SR–NASD– 2007–027] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing of Proposed Rule Change to NASD ByLaws Relating to SEC Section 31— Related Fees May 2, 2007. 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 April 17, 2007, the National Association of Securities Dealers, Inc. (‘‘NASD’’) 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 substantially prepared by NASD. The Commission is publishing this notice to solicit comments on the proposal from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change NASD is proposing to allow member firms to voluntarily submit, within six months of the effective date of this rule proposal, funds previously accumulated by member firms to satisfy their, and subsequently NASD’s, obligation to remit SEC Section 31-related fees, to NASD. Below is the text of the proposed rule change. Proposed new language is in italics. * * * * * sroberts on PROD1PC70 with NOTICES SCHEDULE A TO NASD BY-LAWS Assessments and fees pursuant to the provisions of Article VI of the By-Laws of NASD shall be determined on the following basis. * * * * * CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 VerDate Aug<31>2005 18:12 May 08, 2007 Jkt 211001 Each member shall be assessed a regulatory transaction fee. The amount shall be determined periodically in accordance with Section 31 of the Act. Transactions assessable under this Section 3 that must be reported to NASD shall be reported in an automated manner. IM-Section 3—Temporary Program to Address Accumulated Funds BILLING CODE 8010–01–P 11 17 Section 3—Regulatory Transaction Fee Pursuant to Section 3 of Schedule A, NASD makes an assessment on member firms that NASD uses to pay fees owing to the SEC in accordance with Section 31 of the Act (‘‘the Section 3 assessment’’). The Section 31 fees payable by NASD to the SEC is determined based on the aggregate dollar amount of ‘‘covered sales,’’ as defined by SEC Rule 31, effected otherwise than on an exchange by or through any member of the NASD. Members, in many cases, have passed along the Section 3 assessment on a trade-by-trade basis to their customers or correspondent firms. For certain reasons, including the difference between the calculation of the Section 3 assessment on an aggregate basis and its collection by member firms from customers or correspondent firms on a disaggregated trade-by-trade basis, there has been an historical accumulation of funds collected by members that are in excess of their Section 3 assessment. Consequently, these funds were not remitted to NASD. NASD has determined that it is appropriate for these accumulated funds, if remitted to the NASD, to be used to pay NASD’s current Section 31 fees, which conforms the use of those funds with the stated purpose for which they were collected. Consequently, members may voluntarily remit all or part of historically accumulated funds that were collected and are in surplus to the Section 3 assessment of such firms in accordance with the terms of this Interpretive Material. This temporary program will automatically sunset six months after the effective date, and thereafter may not be utilized by members after a date certain. Members are reminded that the SEC stated in its release adopting new Rule 31 and Rule 31T that ‘‘it is misleading to suggest that a customer or [self-regulatory] member incurs an obligation to the Commission under Section 31.’’ Further, NASD has issued guidance to members in the form of two Notices to Members to ensure there is no confusion in the marketplace between PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 NASD’s ‘‘Regulatory Transaction Fee’’ and the ‘‘SEC’s Section 31 Fee.’’ * * * * * II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD 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. NASD 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose Pursuant to Section 31 of the Act 3 and SEC Rule 31, NASD and the national securities exchanges (collectively ‘‘SROs’’) are required to pay a transaction fee to the SEC that is designed to recover the costs related to the government’s supervision and regulation of the securities markets and securities professionals. To offset this obligation, NASD assesses its clearing and self-clearing members a regulatory fee in accordance with Section 3 of Schedule A of the NASD By-Laws, which mirrors the SEC Section 31 fee in scope and amount. Clearing members may in turn seek to charge a fee to their customers or correspondent firms. Any allocation of the fee between the clearing member and its correspondent firm or customer is the responsibility of the clearing member. Reconciling the amounts billed by NASD and the amounts collected from the customers historically had been difficult for member firms, causing surpluses to accumulate at some brokerdealer firms (referred to as ‘‘accumulated funds’’). These accumulated funds were not remitted to NASD, despite the fact that these charges may have been previously identified as ‘‘Section 31 Fees’’ or ‘‘SEC Fees’’ by certain firms.4 3 15 U.S.C. 78ee. rule also previously referred to this fee as an ‘‘SEC Transaction Fee.’’ The SEC stated in its release adopting new Rule 31 and Rule 31T that ‘‘it is misleading to suggest that a customer or [selfregulatory organization] member incurs an obligation to the Commission under Section 31.’’ See Securities Exchange Act Release No. 49928 (June 28, 2004), 69 FR 41060, 41072 (July 7, 2004). In response to this statement, NASD amended its rule to refer to this fee as a ‘‘Regulatory Transaction 4 NASD’s E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26430-26432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8812]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55677; File No. SR-CBOE-2007-32]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to Transaction Fees for Certain Electronically 
Executed Orders

 April 27, 2007
    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 March 29, 2007, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' 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 substantially 
prepared by the CBOE. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the CBOE Fees Schedule (``Fees 
Schedule'') to increase transaction fees for certain electronically 
executed orders. The text of the proposed rule change is available at 
the CBOE, on the Exchange's Web site at https://www.cboe.org/legal, and 
in the Commission's Public Reference Room.

[[Page 26431]]

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 Exchange 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
    Currently, the Exchange charges $.25 per contract for broker-dealer 
transactions and $.26 per contract for non-member market-maker 
transactions, except for such transactions in options on the S&P 100 
Index (``OEX'' and ``XEO'') and options on the S&P 500 (``SPX''), which 
are charged $.30 per contract for broker-dealer and market-maker 
transactions and $.40 per contract for broker-dealer and market-maker 
transactions, respectively. The purpose of this proposed rule change is 
to amend the Fees Schedule to establish a higher fee for 
``electronically executed'' broker-dealer and non-member market-maker 
orders, i.e., broker-dealer and non-member market-maker orders that are 
automatically executed on the CBOE Hybrid Trading System (``Hybrid'').
    The Exchange proposes to assess electronically executed broker-
dealer and non-member market-maker orders a transaction fee of $.45 per 
contract. Manually executed broker-dealer and non-member market-maker 
orders would be assessed a transaction fee of $.25 per contract. The 
$.26 per contract non-member market-maker transaction fee would be 
deleted from the Fees Schedule. OEX, XEO and SPX broker-dealer and non-
member market-maker fees would remain unchanged. Broker-dealer and non-
member market-maker orders for options on the Morgan Stanley Retail 
Index (``MVR'') would be charged $.25 per contract.\3\ A new Footnote 
16 is proposed to be added to the Fees Schedule clarifying that the 
broker-dealer manual and electronic transaction fees apply to broker-
dealer orders (orders with ``B'' origin code), non-member market-maker 
orders (orders with ``N'' origin code), and orders from specialists in 
the underlying security (orders with ``Y'' origin code).
---------------------------------------------------------------------------

    \3\ OEX, MVR and SPX are currently non-Hybrid classes.
---------------------------------------------------------------------------

    No changes are proposed to Linkage order fees. The proposed broker-
dealer electronic transaction fee is comparable to the RAES Access Fee 
assessed by the Exchange on certain orders executed through the RAES 
system in non-Hybrid classes, which is a fee assessed in addition to 
standard transaction fees.\4\ Like the RAES Access Fee, the Exchange 
believes the proposed broker-dealer electronic transaction fee will 
help allocate to such orders a fair share of the costs of running the 
automatic execution feature of Hybrid and related Exchange systems.
---------------------------------------------------------------------------

    \4\ See CBOE Fees Schedule, Section 4.
---------------------------------------------------------------------------

    The proposed fees are modeled after the broker-dealer transaction 
fees of the NYSE Arca, Inc. (``NYSE Arca'').\5\ The Exchange believes 
its proposed $.45 per contract fee is reasonable in that it is less 
than the $.50 per contract fee assessed by NYSE Arca on electronically 
executed broker-dealer and non-member market-maker orders.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54309 (August 11, 
2006), 71 FR 48571 (August 21, 2006) (SR-NYSEArca-2006-25).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\6\ in general, and furthers the objectives of Section 6(b)(4) \7\ 
of the Act, in particular, in that it is designed to provide for the 
equitable allocation of reasonable dues, fees, and other charges among 
CBOE members and other persons using its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of 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 solicited or received with respect to the 
proposed rule change.

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

    Because the foregoing rule change establishes or changes a due, 
fee, or other charge imposed by the Exchange, it has become effective 
pursuant to Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(2) 
of Rule 19b-4\9\ thereunder. 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.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ Id.
---------------------------------------------------------------------------

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 (https://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-CBOE-2007-32 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-2007-32. 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 CBOE. All comments received will be posted 
without change; the Commission does not edit personal identifying

[[Page 26432]]

information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-CBOE-2007-32 and should be submitted on or before May 
30, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8812 Filed 5-8-07; 8:45 am]
BILLING CODE 8010-01-P

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