Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change Relating to Fee Changes on a Retroactive Basis, 37555-37557 [E7-13308]
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Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices
May 31, 2007, to help compensate the
Exchange for its increased costs in
providing the TX data and to help offset
the license fees paid by the Exchange to
its third-party provider for making the
TX software available to users during
this time period.
On June 1, 2007, the Exchange
adopted a monthly fee to recoup the fees
CBSX pays a third-party market data
vendor and other parties to help
establish facilities at CBSX through
which the third-party market data
vendor can provide CBSX participants
with certain market data.4 The fee is
equal to $19,400 divided by the number
of CBSX participants receiving the
market data. The Exchange proposes to
assess this fee for the period April 1,
2007 through May 31, 2007, to recoup
the fees CBSX paid during this time
period for providing the infrastructure
to make the market data available to
CBSX participants.
2. Statutory Basis
CBOE believes the proposed rule
change is consistent with Section 6(b) of
the Act 5 in general, and furthers the
objectives of Section 6(b)(4) of the Act 6
in particular, in that it is designed to
provide for the equitable allocation of
reasonable dues, fees, and other charges
among CBOE members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would 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
No written comments were solicited
or received with respect to the proposed
rule change.
jlentini on PROD1PC65 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding, or
(ii) as to which the Exchange consents,
the Commission will:
(A) By order approve the proposed
rule change, or
4 See
id.
U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(4).
5 15
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(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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:
37555
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–13310 Filed 7–9–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56005; File No. SR–ISE–
2007–49]
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–2007–73 on the
subject line.
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change Relating to Fee Changes on a
Retroactive Basis
July 3, 2007.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
Paper Comments
notice is hereby given that on June 15,
• Send paper comments in triplicate
2007, the International Securities
to Nancy M. Morris, Secretary,
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
Securities and Exchange Commission,
filed with the Securities and Exchange
100 F Street, NE., Washington, DC
Commission (‘‘Commission’’) the
proposed rule change as described in
20549–1090.
Items I, II and III below, which Items
All submissions should refer to File
have been substantially prepared by ISE.
Number SR–CBOE–2007–73. This file
The Commission is publishing this
number should be included on the
subject line if e-mail is used. To help the notice to solicit comments on the
proposed rule change from interested
Commission process and review your
persons.
comments more efficiently, please use
only one method. The Commission will I. Self-Regulatory Organization’s
post all comments on the Commission’s Statement of the Terms of Substance of
the Proposed Rule Change
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
ISE is proposing to amend its
submission, all subsequent
Schedule of Fees to: (1) Increase the per
amendments, all written statements
contract surcharge from $0.10 per
with respect to the proposed rule
contract to $0.15 per contract for
change that are filed with the
options on the Russell 1000 Index
Commission, and all written
(‘‘RUI’’), the Russell 2000 Index
communications relating to the
(‘‘RUT’’), and the Mini Russell 2000
proposed rule change between the
Index (‘‘RMN’’); and (2) refund
Commission and any person, other than surcharge fees collected for transactions
those that may be withheld from the
in options on the iShares Russell 2000
public in accordance with the
Index Fund (‘‘IWM’’), the iShares
provisions of 5 U.S.C. 552, will be
Russell 2000 Value Index Fund
available for inspection and copying in
(‘‘IWN’’), the iShares Russell 2000
the Commission’s Public Reference
Growth Index Fund (‘‘IWO’’), the
Room, 100 F Street, NE., Washington,
iShares Russell 1000 Value Index Fund
DC 20549, on official business days
(‘‘IWD’’) and the iShares Russell 1000
between the hours of 10:00 a.m. and
Index Fund (‘‘IWB’’), in both cases for
3:00 p.m. Copies of the filing also will
the period commencing January 1, 2007
be available for inspection and copying
and ending June 15, 2007 (the
at the principal office of the Exchange.
‘‘Retroactive Period’’). The Exchange
All comments received will be posted
proposes the surcharge increase to
without change; the Commission does
become effective retroactively, as of
not edit personal identifying
January 1, 2007.3 The text of the
information from submissions. You
7 17 CFR 200.30–3(a)(12).
should submit only information that
1 15 U.S.C. 78s(b)(1).
you wish to make available publicly. All
2 17 CFR 240.19b–4.
submissions should refer to File
3
2007, the Exchange filed a
Number SR–CBOE–2007–73 and should ruleOn June 15,immediately effective underproposed
change as
Section
be submitted on or before July 31, 2007.
Continued
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37556
Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices
proposed rule change is available at ISE,
https://www.iseoptions.com, and 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
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
jlentini on PROD1PC65 with NOTICES
1. Purpose
The Exchange is proposing to amend
its Schedule of Fees to: (1) Increase the
per contract surcharge from $0.10 per
contract to $0.15 per contract in
connection with the listing and trading
of options on RUI, RUT, and RMN; and
(2) refund surcharge fees collected for
transactions in connection with the
listing and trading in options on IWM,
IWN, IWO, IWD and IWB during the
Retroactive Period. The Exchange
proposes the surcharge increase to
become effective retroactively, as of
January 1, 2007.
The Exchange’s Schedule of Fees
currently has in place a surcharge fee
item that calls for a $0.10 per contract
fee in connection with the listing and
trading of options on RUI, RUT and
RMN.4 The Exchange revised its license
agreement with the Frank Russell
Company (‘‘Russell’’), effective January
1, 2007. Pursuant to the revised
agreement, the Exchange pays Russell
$0.15 per contract to trade options on
RUI, RUT and RMN. The Exchange thus
proposes to increase the surcharge fee
for options on RUI, RUT and RMN from
$0.10 per contract to $0.15 per contract
retroactive to January 1, 2007 and
collect from members the applicable
19(b)(3)(A) of the Exchange Act that: (1) Removes
the surcharge fee for IWM, IWN, IWO, IWD and
IWB from its Schedule of Fees and (2) raises the
surcharge fee from $.10 per contract to $.15 per
contract for options on RUI, RUT and RMN. See
Securities Exchange Act Release No. 55975 (June
28, 2007) (SR–ISE–2007–48). Because ISE seeks to
apply changes to its Schedule of Fees on a
retroactive basis, the Exchange is submitting this
proposal for notice and comment.
4 See Securities Exchange Act Release No. 51858
(June 16, 2005), 70 FR 36218 (June 22, 2005) (SR–
ISE–2005–26).
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16:17 Jul 09, 2007
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fees due to the Exchange for the
Retroactive Period. The Exchange
believes that charging the participants
that trade these instruments is the most
equitable means of recovering the
increased costs of the license. However,
because competitive pressures in the
industry have resulted in the waiver of
transaction fees for Public Customers,
the Exchange proposes to exclude
Public Customer Orders 5 from this
surcharge fee. Accordingly, this
surcharge fee will only be charged to
Exchange members with respect to nonPublic Customer Orders (e.g., ISE
Market Maker, non-ISE Market Maker,
and Firm Proprietary orders) and shall
apply to certain Linkage Orders under a
pilot program that is set to expire on
July 31, 2007.6
Additionally, the Exchange had
previously adopted a $0.10 per contract
surcharge in connection with the listing
and trading of options on IWM, IWN,
IWO, IWD,7 and IWB.8 However,
pursuant to the revised license
agreement with Russell, the Exchange,
as of January 1, 2007, no longer pays a
license fee to Russell in connection with
the listing and trading of options on
IWM, IWN, IWO, IWD and IWB. As a
result, the Exchange now proposes to
refund to members the surcharge fee it
has collected during the Retroactive
Period.
2. Statutory Basis
The basis under the Act for this
proposed rule change is the requirement
under Section 6(b)(4) 9 that an exchange
provide for the 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
ISE does not believe that the proposed
rule change will result in any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act.
5 Public Customer Order is defined in Exchange
Rule 100(a)(39) as an order for the account of a
Public Customer. Public Customer is defined in
Exchange Rule 100(a)(38) as a person that is not a
broker or dealer in securities.
6 Linkage Orders are defined in ISE Rule
1900(10). Under a pilot program that is set to expire
on July 31, 2007, these fees will also be charged to
Principal Acting as Agent Orders and Principal
Orders (as defined in ISE Rule 1900(10)(i)–(ii)). See
Securities Exchange Act Release No. 54204 (July 25,
2006), 71 FR 43548 (August 1, 2006) (SR–ISE–2006–
38).
7 See Securities Exchange Act Release No. 47075
(December 20, 2002), 67 FR 79673 (December 30,
2002) (SR–ISE–2002–29).
8 See Securities Exchange Act Release No. 47564
(March 24, 2003), 68 FR 15256 (March 28, 2003)
(SR–ISE–2003–13).
9 15 U.S.C. 78f(b)(4).
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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 interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
As the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self–regulatory
organization consents, the Commission
will:
A. By order approve such proposed
rule change, or
B. institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–ISE–2007–49 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–ISE–2007–49. 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
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of 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–2007–49 and should be
submitted on or before July 31, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–13308 Filed 7–9–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56001; File No. SR–
NYSEArca–2007–34]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Approving Proposed
Rule Change and Amendment No. 1
Thereto Relating to Trading a Class of
Options Without Designating a Lead
Market Maker
July 2, 2007.
jlentini on PROD1PC65 with NOTICES
On April 3, 2007, NYSE Arca, Inc.
(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 the proposed rule
change to allow an options issue to
trade without designating a Lead Market
Maker (‘‘LMM’’). On May 2, 2007, NYSE
Arca filed Amendment No. 1 to the
proposed rule change. The proposed
rule change, as amended, was published
for comment in the Federal Register on
May 29, 2007.3 The Commission
received no comments regarding the
proposal. This order approves the
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 55789
(May 21, 2007), 72 FR 29568.
1 15
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proposed rule change as modified by
Amendment No. 1.
The Commission finds that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange.4 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,5 which requires that
the rules of the an exchange be designed
to promote just and equitable principles
of trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
The Exchange proposes to trade
options classes without designating an
LMM, yet still meet the requirements of
the Plan for the Purpose of Creating and
Operating an Intermarket Option
Linkage (‘‘Linkage Plan’’).6 Because the
Exchange believes that certain highly
liquid, highly active options classes
have sufficient participation by OTP
Holders 7 and do not need an LMM to
foster liquidity, the Exchange proposes
to remove from NYSE Arca Rule 6.35
the requirement that an LMM be
assigned to every option class.8
The Exchange also proposes other
rule changes to accommodate the
requirements of the Linkage Plan.
Pursuant to the Linkage Plan, a
Principal Acting as Agent (‘‘P/A’’) Order
may be routed to another exchange only
through the principal account of a
market maker that is authorized to
represent customer orders, ‘‘reflecting
the terms of a related unexecuted
Customer order for which the Market
Maker is acting as agent.’’ 9 On NYSE
Arca, the LMM currently is the
4 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
5 15 U.S.C. 78f(b)(5).
6 On July 28, 2000, the Commission approved the
Options Intermarket Linkage (‘‘Linkage’’) proposed
by American Stock Exchange LLC, Chicago Board
Options Exchange, Incorporated, and International
Securities Exchange, LLC. See Securities Exchange
Act Release No. 43086 (July 28, 2000), 65 FR 48023
(August 4, 2000). Subsequently, Philadelphia Stock
Exchange, Inc., Pacific Exchange, Inc. (n/k/a NYSE
Arca), and Boston Stock Exchange, Inc. joined the
Linkage Plan. See Securities Exchange Act Release
Nos. 43573 (November 16, 2000), 65 FR 70851
(November 28, 2000); 43574 (November 16, 2000),
65 FR 70850 (November 28, 2000); and 49198
(February 5, 2004), 69 FR 7029 (February 12, 2004).
7 See NYSE Arca Rule 1.1(q) for the definition of
‘‘OTP Holder.’’
8 In not designating an LMM in certain option
issues, orders would be processed in price/time
priority, meaning any market participant, regardless
of status, may gain priority by improving the
market.
9 See Section 2(16)(a) of the Linkage Plan.
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37557
responsible Market Maker for outbound
P/A Orders sent through the Intermarket
Options Linkage (‘‘Linkage’’). The
Exchange now proposes to allow for the
designation of a Market Maker, assigned
on a rotating basis, as the responsible
Intermarket Linkage Market Maker
(‘‘IMM’’) 10 for outbound P/A Orders.
Currently, Market Makers on the
Exchange other than LMMs are not
permitted under the Exchange’s current
rules to act as an agent on behalf of an
order submitted to the Exchange.11
Therefore, the Exchange proposes to
amend NYSE Arca Rule 6.38(a) to
provide an exception for a Market
Maker acting as an IMM for the purpose
of settling P/A Orders sent to another
exchange pursuant to NYSE Arca Rules
6.92 and 6.93. To enable the IMM to
carry out its agency responsibilities with
regard to P/A Orders submitted through
the Linkage, the IMM would be required
to submit prior written instructions to
the Exchange for the routing of any
P/A Orders through the Linkage.
Although the Exchange intends to rely
solely on the use of its outbound routing
broker to access the quotes of other
exchanges when the Exchange is not
disseminating the national best bid or
offer, there may be instances when the
Exchange’s routing broker is not
available because of system
malfunctions. Therefore, the Exchange
proposes that designated IMMs be
responsible for outbound P/A Orders
sent through the Linkage.
The Exchange also proposes to amend
NYSE Arca Rule 6.93 to clarify that the
Exchange will be responsible for the
receipt, processing, and execution of
inbound Linkage orders received from
other exchanges. Linkage orders sent to
NYSE Arca are routed directly to the
trading system for immediate automatic
execution. Any remaining unexecuted
order or portion of an order would be
immediately returned by the Exchange
to the originating away market.
The Commission believes that the
proposed rule change is reasonably
designed in that it permits the Exchange
to not utilize an LMM in option classes
where the Exchange does not believe an
LMM is required and promotes the
10 The IMM would be selected from the pool of
all Market Makers who have been appointed in the
particular class. Market Makers requesting
appointment to an options class would need to
agree to participate in the rotation of IMM
assignment.
11 See NYSE Arca Rule 6.38(b)(1), which provides
that Market Makers other than LMMs are restricted
from acting as a principal and an agent in the same
issue on the same business day. See also NYSE Arca
Rule 6.38(b)(5), which provides Market Makers are
restricted from acting as a floor broker in options
covering the same underlying security to which its
primary appointment extends.
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]]>Agencies
[Federal Register Volume 72, Number 131 (Tuesday, July 10, 2007)]
[Notices]
[Pages 37555-37557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13308]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56005; File No. SR-ISE-2007-49]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to Fee Changes
on a Retroactive Basis
July 3, 2007.
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 June 15, 2007, the International Securities Exchange, LLC
(``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 substantially prepared
by ISE. 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
ISE is proposing to amend its Schedule of Fees to: (1) Increase the
per contract surcharge from $0.10 per contract to $0.15 per contract
for options on the Russell 1000[supreg] Index (``RUI''), the Russell
2000[supreg] Index (``RUT''), and the Mini Russell 2000 Index
(``RMN''); and (2) refund surcharge fees collected for transactions in
options on the iShares Russell 2000[supreg] Index Fund (``IWM''), the
iShares Russell 2000[supreg] Value Index Fund (``IWN''), the iShares
Russell 2000[supreg] Growth Index Fund (``IWO''), the iShares Russell
1000[supreg] Value Index Fund (``IWD'') and the iShares Russell
1000[supreg] Index Fund (``IWB''), in both cases for the period
commencing January 1, 2007 and ending June 15, 2007 (the ``Retroactive
Period''). The Exchange proposes the surcharge increase to become
effective retroactively, as of January 1, 2007.\3\ The text of the
[[Page 37556]]
proposed rule change is available at ISE, https://www.iseoptions.com,
and the Commission's Public Reference Room.
---------------------------------------------------------------------------
\3\ On June 15, 2007, the Exchange filed a proposed rule change
as immediately effective under Section 19(b)(3)(A) of the Exchange
Act that: (1) Removes the surcharge fee for IWM, IWN, IWO, IWD and
IWB from its Schedule of Fees and (2) raises the surcharge fee from
$.10 per contract to $.15 per contract for options on RUI, RUT and
RMN. See Securities Exchange Act Release No. 55975 (June 28, 2007)
(SR-ISE-2007-48). Because ISE seeks to apply changes to its Schedule
of Fees on a retroactive basis, the Exchange is submitting this
proposal for notice and comment.
---------------------------------------------------------------------------
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
The Exchange is proposing to amend its Schedule of Fees to: (1)
Increase the per contract surcharge from $0.10 per contract to $0.15
per contract in connection with the listing and trading of options on
RUI, RUT, and RMN; and (2) refund surcharge fees collected for
transactions in connection with the listing and trading in options on
IWM, IWN, IWO, IWD and IWB during the Retroactive Period. The Exchange
proposes the surcharge increase to become effective retroactively, as
of January 1, 2007.
The Exchange's Schedule of Fees currently has in place a surcharge
fee item that calls for a $0.10 per contract fee in connection with the
listing and trading of options on RUI, RUT and RMN.\4\ The Exchange
revised its license agreement with the Frank Russell Company
(``Russell''), effective January 1, 2007. Pursuant to the revised
agreement, the Exchange pays Russell $0.15 per contract to trade
options on RUI, RUT and RMN. The Exchange thus proposes to increase the
surcharge fee for options on RUI, RUT and RMN from $0.10 per contract
to $0.15 per contract retroactive to January 1, 2007 and collect from
members the applicable fees due to the Exchange for the Retroactive
Period. The Exchange believes that charging the participants that trade
these instruments is the most equitable means of recovering the
increased costs of the license. However, because competitive pressures
in the industry have resulted in the waiver of transaction fees for
Public Customers, the Exchange proposes to exclude Public Customer
Orders \5\ from this surcharge fee. Accordingly, this surcharge fee
will only be charged to Exchange members with respect to non-Public
Customer Orders (e.g., ISE Market Maker, non-ISE Market Maker, and Firm
Proprietary orders) and shall apply to certain Linkage Orders under a
pilot program that is set to expire on July 31, 2007.\6\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 51858 (June 16,
2005), 70 FR 36218 (June 22, 2005) (SR-ISE-2005-26).
\5\ Public Customer Order is defined in Exchange Rule 100(a)(39)
as an order for the account of a Public Customer. Public Customer is
defined in Exchange Rule 100(a)(38) as a person that is not a broker
or dealer in securities.
\6\ Linkage Orders are defined in ISE Rule 1900(10). Under a
pilot program that is set to expire on July 31, 2007, these fees
will also be charged to Principal Acting as Agent Orders and
Principal Orders (as defined in ISE Rule 1900(10)(i)-(ii)). See
Securities Exchange Act Release No. 54204 (July 25, 2006), 71 FR
43548 (August 1, 2006) (SR-ISE-2006-38).
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Additionally, the Exchange had previously adopted a $0.10 per
contract surcharge in connection with the listing and trading of
options on IWM, IWN, IWO, IWD,\7\ and IWB.\8\ However, pursuant to the
revised license agreement with Russell, the Exchange, as of January 1,
2007, no longer pays a license fee to Russell in connection with the
listing and trading of options on IWM, IWN, IWO, IWD and IWB. As a
result, the Exchange now proposes to refund to members the surcharge
fee it has collected during the Retroactive Period.
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\7\ See Securities Exchange Act Release No. 47075 (December 20,
2002), 67 FR 79673 (December 30, 2002) (SR-ISE-2002-29).
\8\ See Securities Exchange Act Release No. 47564 (March 24,
2003), 68 FR 15256 (March 28, 2003) (SR-ISE-2003-13).
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2. Statutory Basis
The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) \9\ that an exchange provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities.
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\9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
ISE does not believe that the proposed rule change will result in
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 interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
A. By order approve such proposed rule change, or
B. institute proceedings to determine whether the proposed rule
change should be disapproved.
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-ISE-2007-49 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-ISE-2007-49. 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
[[Page 37557]]
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m and 3 p.m.
Copies of such filing also will be available for inspection and copying
at the principal office of 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-2007-49 and should be submitted on or before July
31, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-13308 Filed 7-9-07; 8:45 am]
BILLING CODE 8010-01-P
