Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the International Securities Exchange, LLC Relating to Amending the Fee Schedule, 16023-16024 [E9-7975]

Download as PDF Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices later than 60 days following Commission approval. The effective date will be 30 days following publication of the Regulatory Notice announcing Commission approval. (B) Institute proceedings to determine whether the proposed rule change should be disapproved. 2. Statutory Basis 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: IV. Solicitation of Comments FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,30 which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest; and Section 15A(b)(4) of the Act,31 which requires that FINRA rules be designed to assure a fair representation of FINRA’s members in the administration of its affairs. The composition of the FINRA Board has previously been found to meet the statutory requirements, and FINRA believes that the proposed rule change will allow the representation of industry members, as well as public members, on the FINRA Regulation Board while enabling the FINRA Regulation Board to operate with a close connection to the FINRA Board. The remaining changes either conform to other changes made to the By-Laws or acknowledge current practices. B. Self-Regulatory Organization’s Statement on Burden on Competition FINRA 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 Written comments were neither solicited nor received. rwilkins on PROD1PC63 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 self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule change, or 30 15 31 15 U.S.C. 78o–3(b)(6). U.S.C. 78o–3(b)(4). VerDate Nov<24>2008 17:05 Apr 07, 2009 Jkt 217001 16023 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.32 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–7978 Filed 4–7–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Electronic Comments [Release No. 34–59691; File No. SR–ISE– 2009–16] • 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–FINRA–2009–020 on the subject line. Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the International Securities Exchange, LLC Relating to Amending the Fee Schedule April 2, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the • Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 to Elizabeth M. Murphy, Secretary, notice is hereby given that on March 27, Securities and Exchange Commission, 2009, the International Securities 100 F Street, NE., Washington, DC Exchange, LLC (the ‘‘Exchange’’ or the 20549–1090. ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) All submissions should refer to File Number SR–FINRA–2009–020. This file the proposed rule change as described in Items I, II and III below, which items number should be included on the subject line if e-mail is used. To help the have been prepared by the selfregulatory organization. The Commission process and review your Commission is publishing this notice to comments more efficiently, please use solicit comments on the proposed rule only one method. The Commission will change from interested persons. post all comments on the Commission’s Internet Web site (https://www.sec.gov/ I. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement of the Terms of Substance of submission, all subsequent the Proposed Rule Change amendments, all written statements The Exchange is proposing to amend with respect to the proposed rule its Schedule of Fees with respect to change that are filed with the equity transactions. The text of the Commission, and all written proposed rule change is available on the communications relating to the Exchange’s Internet Web site at https:// proposed rule change between the www.ise.com. Commission and any person, other than II. Self-Regulatory Organization’s those that may be withheld from the Statement of the Purpose of, and public in accordance with the Statutory Basis for, the Proposed Rule provisions of 5 U.S.C. 552, will be Change available for inspection and copying in the Commission’s Public Reference In its filing with the Commission, the Room, 100 F Street, NE., Washington, self-regulatory organization included DC 20549, on official business days statements concerning the purpose of between the hours of 10 a.m. and 3 p.m. and basis for the proposed rule change Copies of the filing also will be available and discussed any comments it received for inspection and copying at the on the proposed rule change. The text principal office of FINRA. All comments of those statements may be examined at received will be posted without change; the places specified in Item IV below. the Commission does not edit personal The Exchange has prepared summaries, identifying information from set forth in sections A, B, and C below, submissions. You should submit only of the most significant parts of such information that you wish to make statements. available publicly. All submissions should refer to File Number SR–FINRA– 32 17 CFR 200.30–3(a)(12). 2009–020 and should be submitted on 1 15 U.S.C. 78s(b)(1). or before April 29, 2009. 2 17 CFR 240.19b–4. Paper Comments PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1 16024 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Currently, the Exchange’s Schedule of Fees for equity transactions includes a rebate of $0.0035 per share for orders that add liquidity in securities priced at or above $1.00 (excluding both order delivery and MidPoint Match orders) that are reported to Tape B. The Exchange is now proposing to lower that rebate from $0.0035 to $0.003 per share for orders that add liquidity in securities priced at or above $1.00 (excluding both order delivery and MidPoint Match orders) that are reported to Tape B. The Exchange is lowering this rebate in an effort to keep its pricing competitive with other exchanges. The aforementioned fee change will become operative on April 1, 2009. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,3 in general, and furthers the objectives of Section 6(b)(4),4 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. In particular, lowering the rebate in Tape B securities will allow the ISE’s pricing to remain competitive with other exchanges. B. Self-Regulatory Organization’s Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. rwilkins on PROD1PC63 with NOTICES C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 5 and Rule 19b–4(f)(2) 6 3 15 U.S.C. 78f. U.S.C. 78f(b)(4). 5 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 19b–4(f)(2). 4 15 VerDate Nov<24>2008 17:05 Apr 07, 2009 Jkt 217001 thereunder. At any time within 60 days of the filing of such 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. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–7975 Filed 4–7–09; 8:45 am] 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: SECURITIES AND EXCHANGE COMMISSION Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File No. SR–ISE–2009–16 on the subject line. BILLING CODE 8010–01–P [Release No. 34–59692; File No. SR–ISE– 2009–17] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the International Securities Exchange, LLC Relating to Amending the Direct Edge ECN Fee Schedule Applicable to International Securities Exchange Members April 2, 2009. 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 March 27, Paper Comments 2009, the International Securities • Send paper comments in triplicate Exchange, LLC (the ‘‘Exchange’’ or the to Elizabeth M. Murphy, Secretary, ‘‘ISE’’) filed with the Securities and Securities and Exchange Commission, Exchange Commission (‘‘Commission’’) 100 F Street, NE., Washington, DC the proposed rule change as described 20549–1090. in Items I, II, and III below, which items All submissions should refer to File have been prepared by the selfNumber SR–ISE–2009–16. This file regulatory organization. The number should be included on the Commission is publishing this notice to subject line if e-mail is used. To help the solicit comments on the proposed rule Commission process and review your change from interested persons. comments more efficiently, please use only one method. The Commission will I. Self-Regulatory Organization’s post all comments on the Commissions Statement of the Terms of Substance of Internet Web site (https://www.sec.gov/ the Proposed Rule Change rules/sro.shtml). Copies of the The Exchange proposes to amend submission, all subsequent Direct Edge ECN’s (‘‘DECN’’) fee amendments, all written statements schedule for ISE Members to lower the with respect to the proposed rule rebate for orders that add liquidity on change that are filed with the EDGX in securities priced at or above Commission, and all written $1.00 that are reported to Tape B. The communications relating to the text of the proposed rule change is proposed rule change between the available on the Exchange’s Internet Commission and any person, other than Web site at https://www.ise.com. those that may be withheld from the II. Self-Regulatory Organization’s public in accordance with the Statement of the Purpose of, and provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule available for inspection and copying in Change the Commission’s Public Reference Room. Copies of such filing also will be In its filing with the Commission, the available for inspection and copying at self-regulatory organization included the principal office of the ISE. All statements concerning the purpose of, comments received will be posted and basis for, the proposed rule change without change; the Commission does and discussed any comments it received not edit personal identifying on the proposed rule change. The text information from submissions. You of these statements may be examined at should submit only information that the places specified in Item IV below. you wish to make available publicly. All submissions should refer to File 7 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). Number SR–ISE–2009–16 and should be 2 17 CFR 240.19b–4. submitted by April 29, 2009. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 16023-16024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7975]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59691; File No. SR-ISE-2009-16]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the International Securities 
Exchange, LLC Relating to Amending the Fee Schedule

April 2, 2009.
    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 March 27, 2009, the International Securities Exchange, LLC (the 
``Exchange'' or the ``ISE'') 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 self-
regulatory organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to amend its Schedule of Fees with 
respect to equity transactions. The text of the proposed rule change is 
available on the Exchange's Internet Web site at https://www.ise.com.

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 self-regulatory organization 
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 those 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 parts of such statements.

[[Page 16024]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, the Exchange's Schedule of Fees for equity transactions 
includes a rebate of $0.0035 per share for orders that add liquidity in 
securities priced at or above $1.00 (excluding both order delivery and 
MidPoint Match orders) that are reported to Tape B. The Exchange is now 
proposing to lower that rebate from $0.0035 to $0.003 per share for 
orders that add liquidity in securities priced at or above $1.00 
(excluding both order delivery and MidPoint Match orders) that are 
reported to Tape B. The Exchange is lowering this rebate in an effort 
to keep its pricing competitive with other exchanges. The 
aforementioned fee change will become operative on April 1, 2009.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\3\ in general, and 
furthers the objectives of Section 6(b)(4),\4\ in particular, in that 
it is designed to provide for the equitable allocation of reasonable 
dues, fees and other charges among its members and other persons using 
its facilities. In particular, lowering the rebate in Tape B securities 
will allow the ISE's pricing to remain competitive with other 
exchanges.
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    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(2) \6\ thereunder. At any 
time within 60 days of the filing of such 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.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 19b-4(f)(2).
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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 is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File No. SR-ISE-2009-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2009-16. 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 Commissions Internet Web site (https://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for inspection and copying in the 
Commission's Public Reference Room. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
ISE. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-ISE-
2009-16 and should be submitted by April 29, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-7975 Filed 4-7-09; 8:45 am]
BILLING CODE 8010-01-P
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