Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Options Regulatory Fee, 28749-28750 [E9-14172]
Download as PDF
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSE–2009–56 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–NYSE–2009–56. 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, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of such filing will also be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–NYSE–
2009–56 and should be submitted on or
before July 8, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–14171 Filed 6–16–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60093; File No. SR–CBOE–
2009–036]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to the Options
Regulatory Fee
June 10, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934,1 notice
is hereby given that on June 4, 2009,
Chicago Board Options Exchange,
Incorporated 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 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
Chicago Board Options Exchange,
Incorporated (‘‘CBOE’’ or ‘‘Exchange’’)
proposes to amend its Fees Schedule
relating to the Options Regulatory Fee.
The text of the proposed rule change is
available on the Exchange’s Web site
(https://www.cboe.org/legal), at the
Exchange’s Office of the Secretary and
at the Commission.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
CBOE 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. CBOE 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, Proposed Rule
Change
dwashington3 on PROD1PC60 with NOTICES
1. Purpose
The Exchange charges an Options
Regulatory Fee (‘‘ORF’’) of $.006 per
contract to each member for all options
transactions executed by the member
that are cleared by The Options Clearing
9 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
15:33 Jun 16, 2009
1 15
Jkt 217001
PO 00000
U.S.C. 78s(b)(1).
Frm 00087
Fmt 4703
Sfmt 4703
28749
Corporation (‘‘OCC’’) in the customer
range, excluding Options Intermarket
Linkage Plan (‘‘Linkage’’) orders. The
ORF is imposed upon all such
transactions executed by a member,
even if such transactions do not take
place on the Exchange. The ORF is
collected indirectly from members
through their clearing firms by OCC on
behalf of the Exchange. There is a
minimum one-cent charge per trade.2
The Exchange has reevaluated the
current amount of the ORF in light of
better than expected trading volume so
far in 2009. The Exchange stated in the
Original Filing that the ORF is set at a
rate that the Exchange anticipates will
approximately replace the amount of
revenue that would be lost from the
elimination of RR Fees.3 The Exchange
has determined that the ORF would
generate revenue in excess of the
amount of annual revenue the Exchange
used to receive from RR fees if the ORF
remained at $.006 per contract for all of
2009. Accordingly, the Exchange
proposes to reduce the ORF from $.006
per contract to $.004 per contract. The
fee change would become operative on
August 1, 2009, in order to give
members time to implement the revised
fee.
The Exchange will continue to
monitor the amount of revenue raised
by the ORF to ensure that it is meeting
its revenue benchmarks and may make
other adjustments to the fee in the
future as necessary. The Exchange
anticipates providing notice of any ORF
changes as far in advance of the
effective date of the new rate as
possible.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Securities Exchange Act of
1934 (‘‘Act’’),4 in general, and furthers
2 The ORF was established in October 2008 as a
replacement of Registered Representative (’’RR’’)
fees. See Securities Exchange Act Release No. 58817
(October 20, 2008), 73 FR 63744 (October 27, 2008)
(‘‘Original Filing’’). The ORF was to be effective
January 1, 2009. In December 2008 and January
2009, the Exchange filed proposed rule changes
waiving the ORF for January and February, to allow
additional time for the Exchange, OCC and firms to
put in place appropriate procedures to implement
the fee. See Securities Exchange Act Release No.
59182 (December 30, 2008), 74 FR 730 (January 7,
2009), and Securities Exchange Act Release No.
59355 (February 3, 2009), 74 FR 6677 (February 10,
2009). To avoid a regulatory revenue shortfall for
2009 due to the waivers of the fee, the Exchange
increased the ORF for 2009 from $.0045 per
contract to $.006 per contract. See Securities
Exchange Act Release No. 59427 (February 20,
2009), 74 FR 9013 (February 27, 2009).
3 Original Filing at 63745.
4 15 U.S.C. 78f(b).
E:\FR\FM\17JNN1.SGM
17JNN1
28750
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices
the objectives of Section 6(b)(4) 5 of the
Act 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. The Exchange
believes the revised ORF is reasonable
because it is expected to approximately
equal the annual revenue the Exchange
used to receive from RR Fees.
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
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 6 and subparagraph (f)(2) of
Rule 19b–4 7 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.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File No.
SR-CBOE–2009–036. 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, 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 CBOE. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File No. SRCBOE–2009–036 and should be
submitted on or before July 8, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–14172 Filed 6–16–09; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
dwashington3 on PROD1PC60 with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–CBOE–2009–036 on the subject
line.
[Release No. 34–60094; File No. SR–
NASDAQ–2009–049]
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
June 10, 2009.
U.S.C. 78f(b)(4).
U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(2).
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change to the NASDAQ
Listing Rules To Reflect Changes to
the Rules of the Commission
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
5 15
1 15
VerDate Nov<24>2008
15:33 Jun 16, 2009
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Jkt 217001
PO 00000
Frm 00088
Fmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Nasdaq proposes a rule change to
modify Nasdaq’s Listing Rules to reflect
recent changes to Commission rules.
The text of the proposed rule change is
available from Nasdaq’s Web site at
https://nasdaq.cchwallstreet.com, at
Nasdaq’s principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Nasdaq included statements concerning
the purpose of, and basis for, the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below, and
is set forth in Sections A, B, and C
below.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Nasdaq proposes to conform its rules
to reflect two recent changes to the rules
of the Commission. On September 23,
2008, the Commission adopted changes
to Form 20–F 3 that, beginning with the
report filed for the first fiscal year ended
on or after December 15, 2008, requires
companies that file an annual report on
Form 20–F to discuss significant
differences in their corporate
governance practices compared to the
corporate governance practices
applicable to domestic companies under
the relevant exchange’s listing
standards.4 In contrast, Nasdaq Rule
5615(a)(3) allows foreign private issuers
to disclose their non-conforming
corporate governance practices in their
annual reports or registration statements
filed with the Commission or on their
Web sites. As a consequence, Nasdaq’s
requirements regarding annual report
3 17
CFR 249.220f.
Exchange Act Release No. 58620
(September 23, 2008), 73 FR 58300 (October 6,
2008). This disclosure is required in Item 16G of the
Form 20–F.
4 Securities
8 17
6 15
notice is hereby given that on May 20,
2009, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
have been prepared by Nasdaq. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
Sfmt 4703
E:\FR\FM\17JNN1.SGM
17JNN1
Agencies
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28749-28750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14172]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60093; File No. SR-CBOE-2009-036]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Options Regulatory Fee
June 10, 2009.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on June 4, 2009, Chicago Board
Options Exchange, Incorporated 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 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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to amend its Fees Schedule relating to the
Options Regulatory Fee. The text of the proposed rule change is
available on the Exchange's Web site (https://www.cboe.org/legal), at
the Exchange's Office of the Secretary and at the Commission.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, CBOE 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. CBOE 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, Proposed Rule Change
1. Purpose
The Exchange charges an Options Regulatory Fee (``ORF'') of $.006
per contract to each member for all options transactions executed by
the member that are cleared by The Options Clearing Corporation
(``OCC'') in the customer range, excluding Options Intermarket Linkage
Plan (``Linkage'') orders. The ORF is imposed upon all such
transactions executed by a member, even if such transactions do not
take place on the Exchange. The ORF is collected indirectly from
members through their clearing firms by OCC on behalf of the Exchange.
There is a minimum one-cent charge per trade.\2\
---------------------------------------------------------------------------
\2\ The ORF was established in October 2008 as a replacement of
Registered Representative (''RR'') fees. See Securities Exchange Act
Release No. 58817 (October 20, 2008), 73 FR 63744 (October 27, 2008)
(``Original Filing''). The ORF was to be effective January 1, 2009.
In December 2008 and January 2009, the Exchange filed proposed rule
changes waiving the ORF for January and February, to allow
additional time for the Exchange, OCC and firms to put in place
appropriate procedures to implement the fee. See Securities Exchange
Act Release No. 59182 (December 30, 2008), 74 FR 730 (January 7,
2009), and Securities Exchange Act Release No. 59355 (February 3,
2009), 74 FR 6677 (February 10, 2009). To avoid a regulatory revenue
shortfall for 2009 due to the waivers of the fee, the Exchange
increased the ORF for 2009 from $.0045 per contract to $.006 per
contract. See Securities Exchange Act Release No. 59427 (February
20, 2009), 74 FR 9013 (February 27, 2009).
---------------------------------------------------------------------------
The Exchange has reevaluated the current amount of the ORF in light
of better than expected trading volume so far in 2009. The Exchange
stated in the Original Filing that the ORF is set at a rate that the
Exchange anticipates will approximately replace the amount of revenue
that would be lost from the elimination of RR Fees.\3\ The Exchange has
determined that the ORF would generate revenue in excess of the amount
of annual revenue the Exchange used to receive from RR fees if the ORF
remained at $.006 per contract for all of 2009. Accordingly, the
Exchange proposes to reduce the ORF from $.006 per contract to $.004
per contract. The fee change would become operative on August 1, 2009,
in order to give members time to implement the revised fee.
---------------------------------------------------------------------------
\3\ Original Filing at 63745.
---------------------------------------------------------------------------
The Exchange will continue to monitor the amount of revenue raised
by the ORF to ensure that it is meeting its revenue benchmarks and may
make other adjustments to the fee in the future as necessary. The
Exchange anticipates providing notice of any ORF changes as far in
advance of the effective date of the new rate as possible.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (``Act''),\4\ in
general, and furthers
[[Page 28750]]
the objectives of Section 6(b)(4) \5\ of the Act 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. The Exchange believes the revised ORF is reasonable
because it is expected to approximately equal the annual revenue the
Exchange used to receive from RR Fees.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4 \7\
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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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-CBOE-2009-036 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 No. SR-CBOE-2009-036. 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, 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 CBOE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2009-036 and should be
submitted on or before July 8, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14172 Filed 6-16-09; 8:45 am]
BILLING CODE 8010-01-P