Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving a Proposed Rule Change Relating to Fee Changes on a Retroactive Basis, 67988 [E7-23318]

Download as PDF 67988 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices (C) Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments from DTC participants or others have not been solicited or received on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five 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 ninety 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 the 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 mstockstill on PROD1PC66 with NOTICES • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–DTC–2007–13 on the subject line. 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 DTC. 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–DTC–2007–13 and should be submitted on or before December 24, 2007. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6 Nancy M. Morris, Secretary. [FR Doc. E7–23315 Filed 11–30–07; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56843; File No. SR–ISE– 2007–71] Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving a Proposed Rule Change Relating to Fee Changes on a Retroactive Basis November 27, 2007. On October 2, 2007, the International Securities Exchange, LLC (‘‘ISE’’ or Paper Comments ‘‘Exchange’’) filed with the Securities and Exchange Commission • Send paper comments in triplicate (‘‘Commission’’) a proposed rule to Nancy M. Morris, Secretary, change, pursuant to Section 19(b)(1) of Securities and Exchange Commission, the Securities Exchange Act of 1934 100 F Street, NE., Washington, DC (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to 20549–1090. retroactively apply a fee reduction that All submissions should refer to File was implemented on September 4, 2007, Number SR–DTC–2007–13. This file as discussed below. The proposed rule number should be included on the subject line if e-mail is used. To help the change was published for comment in the Federal Register on October 22, Commission process and review your 2007.3 The Commission received no comments more efficiently, please use only one method. The Commission will comments on the proposal. This order post all comments on the Commission’s approves the proposed rule change. On September 4, 2007, the Exchange Internet Web site (http://www.sec.gov/ implemented a fee reduction to the rules/sro.shtml). Copies of the Schedule of Fees, effective for 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 VerDate Aug<31>2005 16:17 Nov 30, 2007 Jkt 214001 6 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. 56662 (October 16, 2007), 72 FR 59576. 1 15 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 month of September 2007, with respect to Electronic Access Member (‘‘EAM’’) Trading Application Software Fees (‘‘Software Fees’’).4 Consequently, the Software Fees are as follows: • Equity EAMs are charged $250 for each of the first and second connections and $50 for each additional connection thereafter, regardless of whether the Equity EAM is connected via Financial Information eXchange (‘‘FIX’’) or Application Programming Interface (‘‘API’’).5 • Options EAMs that connect via API are charged $250 for each of the first five connections and $100 for each additional connection. • Options EAMs that connect via FIX are charged $250 for each of the first and second connections and $50 for each additional connection thereafter. The Exchange now seeks to apply retroactively these reduced fees to the time period of July 1, 2007 to August 31, 2007 (‘‘Retroactive Period’’). The Commission finds that the proposed rule change is consistent with the requirements of Section 6 of the Act 6 and the rules and regulations thereunder applicable to a national securities exchange. In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(4) of the Act,7 in that it will reduce the Software Fees during the Retroactive Period and result in an equitable allocation of reasonable dues, fees, and other charges among the Exchange’s members and other persons using its facilities.8 It is therefore ordered, pursuant to Section 19(b)(2) of the Act,9 that the proposed rule change (SR–ISE–2007–71) be, and hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Nancy M. Morris, Secretary. [FR Doc. E7–23318 Filed 11–30–07; 8:45 am] BILLING CODE 8011–01–P 4 See Securities Exchange Act Release No. 56379 (September 10, 2007), 72 FR 52591 (September 14, 2007) (SR–ISE–2007–79) (notice of filing and immediate effectiveness of a proposed rule change relating to fee changes). 5 ISE uses an open API, which members program to in order to develop applications that send trading commands and/or queries to and receive broadcasts and/or transactions from the trading system. FIX is an industry-wide messaging standard protocol. 6 15 U.S.C. 78(f)(b). 7 15 U.S.C. 78f(b)(4). 8 In approving this rule change, the Commission notes that it has considered the proposal’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 9 15 U.S.C. 78s(b)(2). 10 17 CFR 200.30–3(a)(12). E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Page 67988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23318]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56843; File No. SR-ISE-2007-71]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Order Approving a Proposed Rule Change Relating to Fee Changes on 
a Retroactive Basis

November 27, 2007.
    On October 2, 2007, the International Securities Exchange, LLC 
(``ISE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change, pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 
19b-4 thereunder,\2\ to retroactively apply a fee reduction that was 
implemented on September 4, 2007, as discussed below. The proposed rule 
change was published for comment in the Federal Register on October 22, 
2007.\3\ The Commission received no comments on the proposal. This 
order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56662 (October 16, 
2007), 72 FR 59576.
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    On September 4, 2007, the Exchange implemented a fee reduction to 
the Schedule of Fees, effective for the month of September 2007, with 
respect to Electronic Access Member (``EAM'') Trading Application 
Software Fees (``Software Fees'').\4\ Consequently, the Software Fees 
are as follows:
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    \4\ See Securities Exchange Act Release No. 56379 (September 10, 
2007), 72 FR 52591 (September 14, 2007) (SR-ISE-2007-79) (notice of 
filing and immediate effectiveness of a proposed rule change 
relating to fee changes).
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     Equity EAMs are charged $250 for each of the first and 
second connections and $50 for each additional connection thereafter, 
regardless of whether the Equity EAM is connected via Financial 
Information eXchange (``FIX'') or Application Programming Interface 
(``API'').\5\
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    \5\ ISE uses an open API, which members program to in order to 
develop applications that send trading commands and/or queries to 
and receive broadcasts and/or transactions from the trading system. 
FIX is an industry-wide messaging standard protocol.
---------------------------------------------------------------------------

     Options EAMs that connect via API are charged $250 for 
each of the first five connections and $100 for each additional 
connection.
     Options EAMs that connect via FIX are charged $250 for 
each of the first and second connections and $50 for each additional 
connection thereafter.
    The Exchange now seeks to apply retroactively these reduced fees to 
the time period of July 1, 2007 to August 31, 2007 (``Retroactive 
Period'').
    The Commission finds that the proposed rule change is consistent 
with the requirements of Section 6 of the Act \6\ and the rules and 
regulations thereunder applicable to a national securities exchange. In 
particular, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\7\ in that it will reduce 
the Software Fees during the Retroactive Period and result in an 
equitable allocation of reasonable dues, fees, and other charges among 
the Exchange's members and other persons using its facilities.\8\
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    \6\ 15 U.S.C. 78(f)(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ In approving this rule change, the Commission notes that it 
has considered the proposal's impact on efficiency, competition, and 
capital formation. See 15 U.S.C. 78c(f).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (SR-ISE-2007-71) be, and hereby 
is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Nancy M. Morris,
Secretary.
[FR Doc. E7-23318 Filed 11-30-07; 8:45 am]
BILLING CODE 8011-01-P