Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change by NYSE Arca, Inc. Amending Its Fee Schedule, 4127-4128 [2010-1433]
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices
Section 15B(b)(2)(C) of the Act 5 and the
rules and regulations thereunder.
Section 15B(b)(2)(C) of the Act requires,
among other things, that the MSRB’s
rules be designed to prevent fraudulent
and manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in municipal
securities, to remove impediments to
and perfect the mechanism of a free and
open market in municipal securities,
and, in general, to protect investors and
the public interest.6 In particular, the
Commission finds that the proposed
rule change is consistent with the Act
because it will protect investors and the
public interest and will assist with
preventing fraudulent and manipulative
acts and practices by allowing the
public and regulators to monitor dealer
contributions to bond ballot campaigns,
thereby further reducing the
opportunity for pay-to-play practices in
the municipal securities market.
The proposed amendments will
become effective on the date requested
by the MSRB.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,7 that the
proposed rule change (SR–MSRB–2009–
18), be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–1431 Filed 1–25–10; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–61378; File No. SR–
NYSEArca–2010–01]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change by NYSE
Arca, Inc. Amending Its Fee Schedule
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
January 19, 2010.
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 January
7, 2010, NYSE Arca, Inc. (‘‘NYSE Arca’’
or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
U.S.C. 78o–4(b)(2)(C).
6 Id.
7 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
8 17
VerDate Nov<24>2008
14:10 Jan 25, 2010
Jkt 220001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Fee Schedule to remove obsolete
language pertaining to its expired
Linkage Pilot Program and introduce a
new Royalty Fee for Nasdaq 100 Index
Options (‘‘NDX’’) and Mini-NDX Options
(‘‘MNX’’). A copy of this filing is
available on the Exchange’s Web site at
https://www.nyse.com, at the Exchange’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, 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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
5 15
(the ‘‘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 proposed rule
change from interested persons.
The Exchange proposes to amend its
Fee Schedule to delete obsolete
references pertaining to the Linkage
Pilot Program. The Linkage Pilot
Program expired on December 31, 2009.
Accordingly, the Exchange proposes to
remove the ‘‘Linkage Fees’’ portion of its
fee schedule as well as endnote 7, 11
and obsolete portions of endnote 12.
Furthermore, the Exchange proposes to
renumber subsequent endnotes
accordingly.
Additionally, the Exchange plans to
commence trading of options on the
Nasdaq 100 Index (‘‘NDX’’) and MiniNDX (‘‘MNX’’). In order to trade options
on NDX and MNX, the Exchange has
entered into a licensing agreement with
the Nasdaq Stock Market (‘‘Nasdaq’’), the
exchange that created and maintains
both indexes. As a part of this
agreement, NYSE Arca will pay a fee to
Nasdaq on every contract traded on the
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
4127
Exchange. Effective with this filing, the
Exchange will assess a $0.22 Royalty
Fee for transactions in NDX and MNX
options. Accordingly, the $0.22 rate will
be applied to the ‘‘Take’’ side of
electronic Penny Pilot executions. All
non-electronic Penny Pilot executions
and all non-Penny Pilot executions will
pay the $0.22 rate when there is a firm,
broker dealer or market maker executing
the transaction.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act,3 in general, and Section
6(b)(4),4 in particular, in that it provides
for the equitable allocation of dues, fees
and other charges among its members.
Under this proposal, all similarly
situated Exchange participants will be
charged the same reasonable dues, fees
and other charges.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will 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
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 is effective
upon filing pursuant to Section
19(b)(3)(A) 5 of the Act and
subparagraph (f)(2) of Rule 19b–4 6
thereunder, because it establishes a due,
fee, or other charge imposed by NYSE
Arca on its members.
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
3 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
5 15 U.S.C. 78s(b)(3)(A).
6 17 CFR 240.19b–4(f)(2).
4 15
E:\FR\FM\26JAN1.SGM
26JAN1
4128
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–61387; File No. SR–ISE–
2010–03]
• 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–NYSEArca–2010–01 on the
subject line.
Paper Comments
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
• 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–NYSEArca–2010–01. 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 publicly available. All
submissions should refer to File
Number SR–NYSEArca–2010–01 and
should be submitted on or before
February 16, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–1433 Filed 1–25–10; 8:45 am]
BILLING CODE 8011–01–P
7 17
14:10 Jan 25, 2010
January 20, 2010.
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 January 8,
2010, 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 selfregulatory organization. The Exchange
has designated this proposal as one
establishing or changing a due, fee, or
other charge imposed by ISE 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.
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. 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
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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
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).
1. Purpose
(a) Purpose—In SR–ISE–2009–26, the
Exchange adopted the term ‘‘Singly
Listed ETFs’’ to identify those ETF
products that are listed only on ISE and
for which the Exchange charges a fee of
$0.18 per contract for customer
transactions. Currently, the First Trust
ISE Water ETF (‘‘FIW’’) is the only such
ETF listed on the Exchange’s fee
schedule. On January 8, 2010, ISE began
listing options on the Claymore China
Technology ETF (‘‘CQQQ’’). As of the
date of this filing, CQQQ is singly listed
on ISE. The Exchange therefore
proposes to charge a fee of $0.18 per
contract for customer transactions in
options on CQQQ. The Exchange also
proposes to charge a Payment for Order
Flow (‘‘PFOF’’) fee for this product and
three other products that were
previously not charged a PFOF fee.
Specifically, in addition to charging a
PFOF fee for transactions in options on
CQQQ, the Exchange also proposes to
charge a PFOF fee for transactions in
options on FIW, the Mini-FTSE 100
Index (‘‘UKX’’) and the NASADAQ Q–50
Index (‘‘NXTQ’’). The Exchange
currently charges a fee of $0.18 per
contract for customer transactions in
options on FIW, UKX and NXTQ as all
three products are singly listed on ISE.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,5
in general, and furthers the objectives of
Section 6(b)(4),6 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.
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
2 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Fee Changes
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Jkt 220001
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Fmt 4703
Sfmt 4703
5 15
6 15
E:\FR\FM\26JAN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
26JAN1
]]>Agencies
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Pages 4127-4128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1433]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61378; File No. SR-NYSEArca-2010-01]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by NYSE Arca, Inc. Amending Its
Fee Schedule
January 19, 2010.
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 January 7, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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
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 Exchange proposes to amend its Fee Schedule to remove obsolete
language pertaining to its expired Linkage Pilot Program and introduce
a new Royalty Fee for Nasdaq 100 Index Options (``NDX'') and Mini-NDX
Options (``MNX''). A copy of this filing is available on the Exchange's
Web site at https://www.nyse.com, at the Exchange'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, 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.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its Fee Schedule to delete obsolete
references pertaining to the Linkage Pilot Program. The Linkage Pilot
Program expired on December 31, 2009. Accordingly, the Exchange
proposes to remove the ``Linkage Fees'' portion of its fee schedule as
well as endnote 7, 11 and obsolete portions of endnote 12. Furthermore,
the Exchange proposes to renumber subsequent endnotes accordingly.
Additionally, the Exchange plans to commence trading of options on
the Nasdaq 100 Index (``NDX'') and Mini-NDX (``MNX''). In order to
trade options on NDX and MNX, the Exchange has entered into a licensing
agreement with the Nasdaq Stock Market (``Nasdaq''), the exchange that
created and maintains both indexes. As a part of this agreement, NYSE
Arca will pay a fee to Nasdaq on every contract traded on the Exchange.
Effective with this filing, the Exchange will assess a $0.22 Royalty
Fee for transactions in NDX and MNX options. Accordingly, the $0.22
rate will be applied to the ``Take'' side of electronic Penny Pilot
executions. All non-electronic Penny Pilot executions and all non-Penny
Pilot executions will pay the $0.22 rate when there is a firm, broker
dealer or market maker executing the transaction.
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\3\ in general, and Section 6(b)(4),\4\ in particular,
in that it provides for the equitable allocation of dues, fees and
other charges among its members. Under this proposal, all similarly
situated Exchange participants will be charged the same reasonable
dues, fees and other charges.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
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
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 is effective upon filing pursuant to
Section 19(b)(3)(A) \5\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \6\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca on its members.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A).
\6\ 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
[[Page 4128]]
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-NYSEArca-2010-01 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-NYSEArca-2010-01. 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 publicly available. All
submissions should refer to File Number SR-NYSEArca-2010-01 and should
be submitted on or before February 16, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------
\7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1433 Filed 1-25-10; 8:45 am]
BILLING CODE 8011-01-P
