Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Chicago Board Options Exchange Stock Exchange Fees Schedule Related to Stock Component of Stock-Option Cross Trade, 55597-55598 [E9-25831]
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Notices
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 proposed rule change
does not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative prior to 30 days from the date
on which it was filed, or such shorter
time as the Commission may designate,
if consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 6 and Rule 19b–4(f)(6)
thereunder.7
A proposed rule change filed under
Rule 19b–4(f)(6) of the Act 8 normally
does not become operative prior to 30
days after the date of the filing.
However, Rule 19b–4(f)(6) 9 permits the
Commission to designate a shorter time
if such action is consistent with the
protection of investors and the public
interest.
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 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
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
8 17 CFR 240.19b–4(f)(6).
9 Id.
erowe on DSK5CLS3C1PROD with NOTICES
7 17
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15:34 Oct 27, 2009
Jkt 220001
55597
Number SR–NYSEArca–2009–92 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–60858; File No. SR–CBOE–
2009–077]
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Chicago
All submissions should refer to File
Board Options Exchange Stock
Number SR–NYSEArca–2009–92. This
Exchange Fees Schedule Related to
file number should be included on the
Stock Component of Stock-Option
subject line if e-mail is used. To help the Cross Trade
Commission process and review your
October 21, 2009.
comments more efficiently, please use
Pursuant to Section 19(b)(1) of the
only one method. The Commission will
Securities Exchange Act of 1934
post all comments on the Commission’s
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
Internet Web site (https://www.sec.gov/
notice is hereby given that on October
rules/sro.shtml). Copies of the
16, 2009, the Chicago Board Options
submission, all subsequent
Exchange, Incorporated (‘‘Exchange’’ or
amendments, all written statements
‘‘CBOE’’) filed with the Securities and
with respect to the proposed rule
Exchange Commission (‘‘Commission’’)
change that are filed with the
the proposed rule change as described
Commission, and all written
in Items I and II below, which Items
communications relating to the
have been prepared by the Exchange.
proposed rule change between the
CBOE has designated this proposal as
Commission and any person, other than one establishing or changing a due, fee,
those that may be withheld from the
or other charge applicable only to a
public in accordance with the
member under Section 19(b)(3)(A)(ii) of
provisions of 5 U.S.C. 552, will be
the Act 3 and Rule 19b–4(f)(2)
available for inspection and copying in
thereunder,4 which renders the proposal
effective upon filing with the
the Commission’s Public Reference
Commission. The Commission is
Section, 100 F Street, NE., Washington,
publishing this notice to solicit
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. comments on the proposed rule change
Copies of the filing will also be available from interested persons.
for inspection and copying at the
I. Self-Regulatory Organization’s
principal office of the Exchange. All
Statement of the Terms of Substance of
comments received will be posted
the Proposed Rule Change
without change; the Commission does
The Exchange proposes to amend its
not edit personal identifying
CBOE Stock Exchange (‘‘CBSX’’) Fees
information from submissions. You
Schedule. The text of the proposed rule
should submit only information that
change is available on the Exchange’s
you wish to make available publicly. All Web site (https://www.cboe.org/legal), at
submissions should refer to File
the Exchange’s Office of the Secretary,
Number SR–NYSEArca–2009–92 and
and at the Commission.
should be submitted on or before
II. Self-Regulatory Organization’s
November 18, 2009.
Statement of the Purpose of, and
For the Commission, by the Division of
Statutory Basis for, the Proposed Rule
Trading and Markets, pursuant to delegated
Change
authority.10
In its filing with the Commission, the
Elizabeth M. Murphy,
self-regulatory organization included
Secretary.
statements concerning the purpose of
[FR Doc. E9–25829 Filed 10–27–09; 8:45 am]
and basis for the proposed rule change
BILLING CODE 8011–01–P
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,
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
2 17
10 17
PO 00000
CFR 200.30–3(a)(12).
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55598
Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Notices
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
CBSX proposes to make fee
modifications in order to better attract
business to the Exchange. Specifically,
CBSX proposes to change to $0.0010 per
share (from $0.0025 per share) its fee for
the stock component of a stock-option
cross trade, and to adjust the maximum
rate to $15 per trade (from $50 per
trade). These changes are to take effect
as of October 19, 2009.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934
(‘‘Act’’),5 in general, and furthers the
objectives of Section 6(b)(4) 6 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 not necessary or
appropriate in furtherance of the
purposes of the Act.
erowe on DSK5CLS3C1PROD with NOTICES
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 proposed rule change is
designated by the Exchange as
establishing or changing a due, fee, or
other charge, thereby qualifying for
effectiveness on filing pursuant to
Section 19(b)(3)(A)(ii) of the Act 7 and
subparagraph (f)(2) of Rule 19b–4
thereunder.8
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
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
7 15 U.S.C. 78s(b)(3)(A)(ii).
8 17 CFR 240.19b–4(f)(2).
6 15
VerDate Nov<24>2008
15:34 Oct 27, 2009
Jkt 220001
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 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–2009–077 in 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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–25831 Filed 10–27–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60850; File No. SR–FINRA–
2009–067]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of
Proposed Rule Change To Adopt
FINRA Rules 2060 (Use of Information
Obtained in Fiduciary Capacity) and
5290 (Order Entry and Execution
Practices) in the Consolidated FINRA
Rulebook
October 21, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
All submissions should refer to File
notice is hereby given that on October
Number SR–CBOE–2009–077. This file
number should be included on the
6, 2009, Financial Industry Regulatory
subject line if e-mail is used. To help the Authority, Inc. (‘‘FINRA’’) (f/k/a
Commission process and review your
National Association of Securities
comments more efficiently, please use
Dealers, Inc. (‘‘NASD’’)) filed with the
only one method. The Commission will Securities and Exchange Commission
post all comments on the Commission’s (‘‘SEC’’ or ‘‘Commission’’) the proposed
Internet Web site (https://www.sec.gov/
rule change as described in Items I, II,
rules/sro.shtml). Copies of the
and III below, which Items have been
submission, all subsequent
prepared by FINRA. The Commission is
amendments, all written statements
publishing this notice to solicit
with respect to the proposed rule
comments on the proposed rule change
change that are filed with the
from interested persons.
Commission, and all written
I. Self-Regulatory Organization’s
communications relating to the
Statement of the Terms of Substance of
proposed rule change between the
Commission and any person, other than the Proposed Rule Change
those that may be withheld from the
FINRA is proposing to adopt NASD
public in accordance with the
Rules 3120 (Use of Information
provisions of 5 U.S.C. 552, will be
Obtained in Fiduciary Capacity) and
available for inspection and copying in
3380 (Order Entry and Execution
the Commission’s Public Reference
Practices) as FINRA rules in the
Room, 100 F Street, NE., Washington,
consolidated FINRA rulebook without
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. material change. The proposed rule
change would renumber NASD Rule
Copies of such filing also will be
3120 as FINRA Rule 2060 and NASD
available for inspection and copying at
the principal office of the Exchange. All Rule 3380 as FINRA Rule 5290 in the
consolidated FINRA rulebook.
comments received will be posted
without change; the Commission does
The text of the proposed rule change
not edit personal identifying
is available on FINRA’s Web site at
information from submissions. You
https://www.finra.org, at the principal
should submit only information that
office of FINRA and at the
you wish to make available publicly. All Commission’s Public Reference Room.
submissions should refer to File
Number SR–CBOE–2009–077 and
9 17 CFR 200.30–3(a)(12).
should be submitted on or before
1 15 U.S.C. 78s(b)(1).
November 18, 2009.
2 17 CFR 240.19b–4.
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28OCN1
Agencies
[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Notices]
[Pages 55597-55598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25831]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-60858; File No. SR-CBOE-2009-077]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Chicago Board Options Exchange Stock
Exchange Fees Schedule Related to Stock Component of Stock-Option Cross
Trade
October 21, 2009.
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 October 16, 2009, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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 the Exchange.
CBOE has designated this proposal as one establishing or changing a
due, fee, or other charge applicable only to a member under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
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.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its CBOE Stock Exchange (``CBSX'')
Fees Schedule. 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, 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,
[[Page 55598]]
of the most significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
CBSX proposes to make fee modifications in order to better attract
business to the Exchange. Specifically, CBSX proposes to change to
$0.0010 per share (from $0.0025 per share) its fee for the stock
component of a stock-option cross trade, and to adjust the maximum rate
to $15 per trade (from $50 per trade). These changes are to take effect
as of October 19, 2009.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (``Act''),\5\ in general, and furthers
the objectives of Section 6(b)(4) \6\ 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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 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.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(ii).
\8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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 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-2009-077 in 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-CBOE-2009-077. 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 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 Number SR-CBOE-2009-077 and should be
submitted on or before November 18, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-25831 Filed 10-27-09; 8:45 am]
BILLING CODE 8011-01-P