Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fees Schedule, 33374-33375 [2010-14054]

Download as PDF 33374 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Notices For the Commission, by the Division of Investment Management, pursuant to delegated authority. 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 Exchange has designated this proposal as one establishing or changing a due, fee, or other charge imposed by CBOE under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder.4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–14052 Filed 6–10–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold an Open Meeting on June 16, 2010 at 10 a.m., in the Auditorium, Room L–002. The subject matter of the Open Meeting will be: The Commission will consider whether to propose amendments to rules 156 and 482 under the Securities Act of 1933 and rule 34b– 1 under the Investment Company Act of 1940 to address concerns that have been raised about target date retirement fund names and marketing materials. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: June 8, 2010. Elizabeth M. Murphy, Secretary. [FR Doc. 2010–14148 Filed 6–9–10; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62227; File No. SR–CBOE– 2010–050] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fees Schedule WReier-Aviles on DSKGBLS3C1PROD with NOTICES June 4, 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 May 21, 2010, the Chicago Board Options Exchange, Incorporated (‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. VerDate Mar<15>2010 15:04 Jun 10, 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 Fees Schedule to establish fees for transactions in all S&P 500 Dividend Index options, regardless of the specified accrual period. The text of the proposed rule change is available on the Exchange’s Web site (https:// www.cboe.org/Legal), on the Commission’s Web site at https:// www.sec.gov, at the Exchange’s Office of the Secretary 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 previously received approval to list options on the S&P 500 Dividend Index, which represents the accumulated ex-dividend amounts of all S&P 500 Index component securities over a specified accrual period (e.g., quarterly, semi-annually, annually), and recently approval to list options on the S&P 500 Annual Dividend Index with an applied scaling factor of 1.5 The 3 15 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 5 See Securities Exchange Act Release Nos. 61136 (December 10, 2009), 74 FR 66711 (December 16, 2009) (SR–CBOE–2009–022) and 62023 (May 3, 2010), 75 FR 25899 (May 10, 2010) (SR–CBOE– 2010–039). 4 17 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 Exchange currently lists S&P 500 Dividend Index (‘‘DVS’’) options with a specified quarterly accrual period and will begin listing options on the S&P 500 Annual Dividend Index on May 25, 2010. The purposes [sic] of this filing is to amend the CBOE Fees Schedule to extend the existing fees for transactions in DVS options to all options on the S&P 500 Dividend Index, regardless of the specified accrual period.6 Currently the established transaction fees for DVS options are as follows: • $0.20 per contract for Market-Maker and Designated Primary Market-Maker transactions;7 • $0.20 per contract for member firm proprietary transactions; • $0.40 per contract for manually executed broker-dealer transactions; • $0.40 per contract for electronically executed broker-dealer transactions; • $0.40 per contract for voluntary professional transactions; • $0.40 per contract for professional transactions; • $0.40 per contract for customer transactions; and • $0.10 per contract CFLEX surcharge fee. The Exchange also assesses a $.10 per contract surcharge fee on all non-public customer transactions in DVS options to help the Exchange recoup license fees the Exchange pays to the reporting authority. Further, the Exchange’s Liquidity Provider Sliding Scale applies to transaction fees in DVS options, but the Exchange’s marketing fee 8 does not apply. To affect the current proposal, the Exchange proposes to replace all references to ‘‘DVS’’ in the CBOE Fees Schedule with a reference to ‘‘S&P 500 Dividend Index.’’ The transaction fees for options on the ‘‘S&P 500 Dividend Index’’ will apply to all options on the S&P 500 Dividend Index regardless of the specified accrual period (e.g., quarterly, semi-annually, annually). The Exchange believes the rule change will further the Exchange’s goal of introducing new products to the marketplace that are competitively priced.9 Also, the Exchange states that the surcharge fee on all non-public customer transactions in options on the S&P 500 Dividend Index is to help the 6 See Securities Exchange Act Release No. 61295 (January 6, 2010), 75 FR 2166 (January 14, 2010) (SR–CBOE–2009–098) (filing establishing transaction fees for DVS options). 7 This is the standard rate that is subject to the Liquidity Provider Sliding Scale as set forth in Footnote 10 to the Fees Schedule. 8 See Footnote 6 of the Fees Schedule. 9 Linkage order fees are inapplicable for options on CBOE’s proprietary products. E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Notices Exchange recoup license fees the Exchange pays to Standard & Poor’s Financial Services LLC to list options on the S&P 500 Dividend Index. Comments may be submitted by any of the following methods: 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,10 in general, and furthers the objectives of Section 6(b)(4) 11 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. The Exchange believes the fee changes proposed by this filing are equitable and reasonable in that [sic] will further the Exchange’s goal of introducing new products to the marketplace that are competitively priced and will help the Exchange recoup license fees that the Exchange pays to the reporting authority. • 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–2010–050 on the subject line. 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 The Exchange neither solicited nor received comments on the proposal. WReier-Aviles on DSKGBLS3C1PROD with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and subparagraph (f)(2) of Rule 19b–4 13 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 proposed rule change is consistent with the Act. 10 15 U.S.C. 78f(b). U.S.C. 78f(b)(4). 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b–4(f)(2). 15:04 Jun 10, 2010 [Public Notice: 7044] 30-Day Notice of Proposed Information Collection: DS–2031, Shrimp Exporter’s/Importer’s Declaration, OMB Control Number 1405–0095 ACTION: Notice of request for public comment and submission to OMB of proposed collection of information. SUMMARY: The Department of State has submitted the following information collection request to the Office of • Send paper comments in triplicate Management and Budget (OMB) for to Elizabeth M. Murphy, Secretary, approval in accordance with the Securities and Exchange Commission, Paperwork Reduction Act of 1995. 100 F Street, NE., Washington DC • Title of Information Collection: 20549–1090. Shrimp Exporter’s/Importer’s All submissions should refer to File Declaration. Number SR–CBOE–2010–050. This file • OMB Control Number: 1405–0095. number should be included on the • Type of Request: Extension of a subject line if e-mail is used. To help the Currently Approved Collection. Commission process and review your • Originating Office: Bureau of comments more efficiently, please use Oceans and International Environmental only one method. The Commission will and Scientific Affairs, Office of Marine post all comments on the Commission’s Conservation (OES/OMC). Internet Web site (https://www.sec.gov/ • Form Number: DS–2031. rules/sro.shtml). Copies of the • Respondents: Business or other forsubmission, all subsequent profit. amendments, all written statements • Estimated Number of Respondents: with respect to the proposed rule 3,000. change that are filed with the • Estimated Number of Responses: Commission, and all written 10,000. communications relating to the • Average Hours per Response: 10 proposed rule change between the min. Commission and any person, other than • Total Estimated Burden: 1,666. those that may be withheld from the • Frequency: On Occasion. public in accordance with the • Obligation to Respond: Mandatory. provisions of 5 U.S.C. 552, will be DATES: Submit comments to the Office available for Web site viewing and of Management and Budget (OMB) for printing in the Commission’s Public up to 30 days from June 11, 2010. Reference Room, 100 F Street, NE., ADDRESSES: Direct comments to the Washington, DC 20549, on official Department of State Desk Officer in the business days between the hours of 10 Office of Information and Regulatory a.m. and 3 p.m. Copies of such filing Affairs at the Office of Management and also will be available for inspection and Budget (OMB). You may submit copying at the principal office of the comments by the following methods: Exchange. All comments received will • E-mail: be posted without change; the oira_submission@omb.eop.gov. You Commission does not edit personal must include the DS form number, identifying information from information collection title, and OMB submissions. You should submit only control number in the subject line of information that you wish to make your message. available publicly. All submissions • Fax: 202–395–5806. Attention: Desk should refer to File No. SR–CBOE– Officer for Department of State. 2010–050 and should be submitted on FOR FURTHER INFORMATION CONTACT: You or before July 2, 2010. may obtain copies of the proposed For the Commission, by the Division of information collection and supporting Trading and Markets, pursuant to delegated documents from David Hogan, Office of authority.14 Marine Conservation, 2201 C Street, Florence E. Harmon, NW., Room 2758, Washington, DC who may be reached on 202–647–2337 or Deputy Secretary. HoganDF@state.gov. [FR Doc. 2010–14054 Filed 6–10–10; 8:45 am] 14 17 Jkt 220001 DEPARTMENT OF STATE Paper Comments PO 00000 CFR 200.30–3(a)(12). Frm 00138 Fmt 4703 We are soliciting public comments to permit the Department to: SUPPLEMENTARY INFORMATION: BILLING CODE 8011–01–P 11 15 VerDate Mar<15>2010 Electronic Comments 33375 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33374-33375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14054]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62227; File No. SR-CBOE-2010-050]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Amend the Fees Schedule

June 4, 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 May 21, 2010, the Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') 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 Exchange has designated this proposal as one establishing 
or changing a due, fee, or other charge imposed by CBOE under Section 
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder.\4\ 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 Fees Schedule to establish fees 
for transactions in all S&P 500 Dividend Index options, regardless of 
the specified accrual period. The text of the proposed rule change is 
available on the Exchange's Web site (https://www.cboe.org/Legal), on 
the Commission's Web site at https://www.sec.gov, at the Exchange's 
Office of the Secretary 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 previously received approval to list options on the 
S&P 500 Dividend Index, which represents the accumulated ex-dividend 
amounts of all S&P 500 Index component securities over a specified 
accrual period (e.g., quarterly, semi-annually, annually), and recently 
approval to list options on the S&P 500 Annual Dividend Index with an 
applied scaling factor of 1.\5\ The Exchange currently lists S&P 500 
Dividend Index (``DVS'') options with a specified quarterly accrual 
period and will begin listing options on the S&P 500 Annual Dividend 
Index on May 25, 2010.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 61136 (December 10, 
2009), 74 FR 66711 (December 16, 2009) (SR-CBOE-2009-022) and 62023 
(May 3, 2010), 75 FR 25899 (May 10, 2010) (SR-CBOE-2010-039).
---------------------------------------------------------------------------

    The purposes [sic] of this filing is to amend the CBOE Fees 
Schedule to extend the existing fees for transactions in DVS options to 
all options on the S&P 500 Dividend Index, regardless of the specified 
accrual period.\6\ Currently the established transaction fees for DVS 
options are as follows:
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 61295 (January 6, 
2010), 75 FR 2166 (January 14, 2010) (SR-CBOE-2009-098) (filing 
establishing transaction fees for DVS options).
---------------------------------------------------------------------------

     $0.20 per contract for Market-Maker and Designated Primary 
Market-Maker transactions;\7\
---------------------------------------------------------------------------

    \7\ This is the standard rate that is subject to the Liquidity 
Provider Sliding Scale as set forth in Footnote 10 to the Fees 
Schedule.
---------------------------------------------------------------------------

     $0.20 per contract for member firm proprietary 
transactions;
     $0.40 per contract for manually executed broker-dealer 
transactions;
     $0.40 per contract for electronically executed broker-
dealer transactions;
     $0.40 per contract for voluntary professional 
transactions;
     $0.40 per contract for professional transactions;
     $0.40 per contract for customer transactions; and
     $0.10 per contract CFLEX surcharge fee.
    The Exchange also assesses a $.10 per contract surcharge fee on all 
non-public customer transactions in DVS options to help the Exchange 
recoup license fees the Exchange pays to the reporting authority. 
Further, the Exchange's Liquidity Provider Sliding Scale applies to 
transaction fees in DVS options, but the Exchange's marketing fee \8\ 
does not apply.
---------------------------------------------------------------------------

    \8\ See Footnote 6 of the Fees Schedule.
---------------------------------------------------------------------------

    To affect the current proposal, the Exchange proposes to replace 
all references to ``DVS'' in the CBOE Fees Schedule with a reference to 
``S&P 500 Dividend Index.'' The transaction fees for options on the 
``S&P 500 Dividend Index'' will apply to all options on the S&P 500 
Dividend Index regardless of the specified accrual period (e.g., 
quarterly, semi-annually, annually).
    The Exchange believes the rule change will further the Exchange's 
goal of introducing new products to the marketplace that are 
competitively priced.\9\ Also, the Exchange states that the surcharge 
fee on all non-public customer transactions in options on the S&P 500 
Dividend Index is to help the

[[Page 33375]]

Exchange recoup license fees the Exchange pays to Standard & Poor's 
Financial Services LLC to list options on the S&P 500 Dividend Index.
---------------------------------------------------------------------------

    \9\ Linkage order fees are inapplicable for options on CBOE's 
proprietary products.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\10\ in general, and furthers the objectives of Section 6(b)(4) 
\11\ 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. The Exchange 
believes the fee changes proposed by this filing are equitable and 
reasonable in that [sic] will further the Exchange's goal of 
introducing new products to the marketplace that are competitively 
priced and will help the Exchange recoup license fees that the Exchange 
pays to the reporting authority.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 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

    The Exchange neither solicited nor received comments on the 
proposal.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change establishes or changes a 
due, fee, or other charge imposed by the Exchange, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and 
subparagraph (f)(2) of Rule 19b-4 \13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 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-2010-050 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-CBOE-2010-050. 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 Web site viewing and 
printing 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 No. SR-CBOE-2010-050 and should be 
submitted on or before July 2, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14054 Filed 6-10-10; 8:45 am]
BILLING CODE 8011-01-P
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