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]

Download as PDF 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 VerDate Nov<24>2008 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). Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\28OCN1.SGM 28OCN1 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\28OCN1.SGM 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]


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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
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