Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Customer Fees for Crossing Orders, 55872-55873 [E9-26021]

Download as PDF 55872 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250–7954 (https:// www.gpoaccess.gov), 202–512–1800. All orders should clearly identify the NRC publication number and the requestor’s Government Printing Office deposit account number or Visa or MasterCard number and expiration date. Dated at Rockville, Maryland, this 22nd day of October, 2009. For the Nuclear Regulatory Commission. David L. Pelton, Chief, Projects Branch 1, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E9–26072 Filed 10–28–09; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION Sunshine Act Meetings TIME AND DATE: 10:30 a.m., Monday, November 2, 2009. PLACE: Commission conference room, 901 New York Avenue, NW., Suite 200, Washington, DC 20268–0001. STATUS: Parts of this meeting will be open to the public. The rest of the meeting will be closed to the public. MATTERS TO BE CONSIDERED: 1. Review of postal-related Congressional actions (open). 2. Reports on Commissioner travel (open). 3. Pending litigation (USPS v. PRC) (closed). 4. Personnel matters (closed). CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, general counsel, Postal Regulatory Commission, 202– 789–6820 or stephen.sharfman@prc.gov. Dated: October 26, 2009. Shoshana M. Grove, Secretary. [FR Doc. E9–26145 Filed 10–27–09; 11:15 am] dcolon on DSK2BSOYB1PROD with NOTICES BILLING CODE 7710–FW–P VerDate Nov<24>2008 17:02 Oct 28, 2009 Jkt 220001 SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] Planetgood Technologies, Inc (n/k/a All American Coffee & Beverage, Inc.), Platronics, Inc., Plus Solutions, Inc., Portacom Wireless, Inc., Prime Holdings & Investments, Inc., ProAfter, Inc. (f/k/a PurchasePro.Com, Inc.), Project Group, Inc., ProLong International Corp., PSS, Inc., and Purus, Inc.; Order of Suspension of Trading October 27, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Planetgood Technologies, Inc. (n/k/a All American Coffee & Beverage, Inc.) because it has not filed any periodic reports since the period ended September 30, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Platronics, Inc. because it has not filed any periodic reports since the period ended June 30, 1999. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Plus Solutions, Inc. because it has not filed any periodic reports since the period ended September 30, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Portacom Wireless, Inc. because it has not filed any periodic reports since the period ended September 30, 1998. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Prime Holdings & Investments, Inc. because it has not filed any periodic reports since the period ended September 30, 2004. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Pro-After, Inc. (f/k/a PurchasePro.Com, Inc.) because it has not filed any periodic reports since the period ended March 31, 2002. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Project Group, Inc. because it has not filed any periodic reports since the period ended September 30, 2004. It appears to the Securities and Exchange Commission that there is a PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 lack of current and accurate information concerning the securities of ProLong International Corp. because it has not filed any periodic reports since the period ended September 30, 2005. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of PSS, Inc. because it has not filed any periodic reports since the period ended November 2, 2002. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Purus, Inc. because it has not filed any periodic reports since October 2, 1999. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies is suspended for the period from 9:30 a.m. EDT on October 27, 2009, through 11:59 p.m. EST on November 9, 2009. By the Commission. Elizabeth M. Murphy, Secretary. [FR Doc. E9–26158 Filed 10–27–09; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60861; File No. SR–ISE– 2009–77] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Customer Fees for Crossing Orders October 22, 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 1, 2009, International Securities Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 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 Exchange. The Commission is publishing this notice to solicit comments on the 1 15 2 17 E:\FR\FM\29OCN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 29OCN1 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The ISE proposes to adopt a fee for certain customer orders executed in the Exchange’s Facilitation, Solicitation and Price Improvement Mechanisms. The text of the proposed rule change is available on the Exchange’s Web site (https://www.ise.com), at the principal office of the Exchange, 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, the Exchange 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. The Exchange 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, the Proposed Rule Change 1. Purpose dcolon on DSK2BSOYB1PROD with NOTICES As of October 1, 2009, the Exchange has implemented a new order type, Professional Orders.3 For competitive reasons, the Exchange has determined to charge the same execution fees for all customer orders, i.e., for all orders that are not for the account of a brokerdealer, including Professional Orders.4 ISE, however, believes that trading in the Exchange’s Facilitation, Solicitation and Price Improvement Mechanisms is primarily activity that is conducted by broker-dealers. Thus, it is reasonable for the Exchange to charge non-brokerdealer orders that conduct a Professional Order business the same fee the Exchange charges broker-dealer orders. Accordingly, the Exchange now proposes to adopt a fee for Professional Orders that are executed in the 3 A ‘‘Professional Order’’ is defined by the Exchange to mean an order that is for the account of a person or entity that is not a Priority Customer. A ‘‘Priority Customer’’ is defined by the Exchange to mean a person or entity that is (i) not a broker or dealer in securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). 4 See Exchange Act Release No. 34–60334 [sic] (July 17, 2009), 74 FR 36802 (July 24, 2009). VerDate Nov<24>2008 15:20 Oct 28, 2009 Jkt 220001 Exchange’s Facilitation, Solicitation and Price Improvement Mechanisms. Specifically, the Exchange proposes to charge a fee of $0.20 per contract for Professional Orders for their crossing activity, i.e., their interaction in the Exchange’s Facilitation, Solicitation and Price Improvement Mechanism. ISE proposes to implement this fee change on October 1, 2009. 2. Statutory Basis The basis under the Securities Exchange Act of 1934 (the ‘‘Exchange Act’’) for this proposed rule change is the requirement under Section 6(b)(4) that an exchange have an equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. In particular, the proposed rule change will allow the Exchange to charge a similar fee to both broker-dealer orders and non-broker-dealer orders that interact in the Exchange’s Facilitation, Solicitation and Price Improvement Mechanisms. 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) 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. 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–ISE–2009–77 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–2009–77. 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–ISE–2009– 77 and should be submitted on or before November 19, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Elizabeth M. Murphy, Secretary. [FR Doc. E9–26021 Filed 10–28–09; 8:45 am] BILLING CODE 8011–01–P U.S.C. 78s(b)(3)(A) [sic]. 6 17 CFR 19b–4(f)(2). 5 15 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 55873 7 17 E:\FR\FM\29OCN1.SGM CFR 200.30–3(a)(12). 29OCN1

Agencies

[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55872-55873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26021]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60861; File No. SR-ISE-2009-77]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Relating to Customer Fees for Crossing Orders

October 22, 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 1, 2009, International Securities Exchange, LLC (``ISE'' or 
``Exchange'') 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 Exchange. The 
Commission is publishing this notice to solicit comments on the

[[Page 55873]]

proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE proposes to adopt a fee for certain customer orders 
executed in the Exchange's Facilitation, Solicitation and Price 
Improvement Mechanisms. The text of the proposed rule change is 
available on the Exchange's Web site (https://www.ise.com), at the 
principal office of the Exchange, 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, the Exchange 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. The Exchange 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, the Proposed Rule Change

1. Purpose
    As of October 1, 2009, the Exchange has implemented a new order 
type, Professional Orders.\3\ For competitive reasons, the Exchange has 
determined to charge the same execution fees for all customer orders, 
i.e., for all orders that are not for the account of a broker-dealer, 
including Professional Orders.\4\ ISE, however, believes that trading 
in the Exchange's Facilitation, Solicitation and Price Improvement 
Mechanisms is primarily activity that is conducted by broker-dealers. 
Thus, it is reasonable for the Exchange to charge non-broker-dealer 
orders that conduct a Professional Order business the same fee the 
Exchange charges broker-dealer orders. Accordingly, the Exchange now 
proposes to adopt a fee for Professional Orders that are executed in 
the Exchange's Facilitation, Solicitation and Price Improvement 
Mechanisms. Specifically, the Exchange proposes to charge a fee of 
$0.20 per contract for Professional Orders for their crossing activity, 
i.e., their interaction in the Exchange's Facilitation, Solicitation 
and Price Improvement Mechanism.
---------------------------------------------------------------------------

    \3\ A ``Professional Order'' is defined by the Exchange to mean 
an order that is for the account of a person or entity that is not a 
Priority Customer. A ``Priority Customer'' is defined by the 
Exchange to mean a person or entity that is (i) not a broker or 
dealer in securities, and (ii) does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s).
    \4\ See Exchange Act Release No. 34-60334 [sic] (July 17, 2009), 
74 FR 36802 (July 24, 2009).
---------------------------------------------------------------------------

    ISE proposes to implement this fee change on October 1, 2009.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange 
Act'') for this proposed rule change is the requirement under Section 
6(b)(4) that an exchange have an equitable allocation of reasonable 
dues, fees and other charges among its members and other persons using 
its facilities. In particular, the proposed rule change will allow the 
Exchange to charge a similar fee to both broker-dealer orders and non-
broker-dealer orders that interact in the Exchange's Facilitation, 
Solicitation and Price Improvement Mechanisms.

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) 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A) [sic].
    \6\ 17 CFR 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 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-ISE-2009-77 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-2009-77. 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-ISE-
2009-77 and should be submitted on or before November 19, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-26021 Filed 10-28-09; 8:45 am]
BILLING CODE 8011-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.