Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule To Delete Erroneous Language With Respect to the SPX Tier Appointment, 63698-63699 [2011-26380]
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63698
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–26383 Filed 10–12–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65492; File No. SR–CBOE–
2011–095]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Fees
Schedule To Delete Erroneous
Language With Respect to the SPX
Tier Appointment
October 6, 2011.
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 October
3, 2011, the Chicago Board Options
Exchange, Incorporated (the ‘‘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
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
sroberts on DSK5SPTVN1PROD with NOTICES
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 delete erroneous
language from the section discussing
SPX Tier Appointment fees. 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.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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.
general, to protect investors and the
public interest, by alleviating confusion
regarding the impossible imposition of
the SPX Tier Appointment fee on a
Market-Maker Trading Permit Holder
who does not hold an SPX tier
appointment but conducts electronic
transactions in SPX Weeklys.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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–BATS–2011–044 and
should be submitted on or before
November 3, 2011.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
1. Purpose
The Exchange proposes to amend its
Fees Schedule to delete erroneous
language from the section discussing
SPX Tier Appointment fees. The Fees
Schedule currently states that the ‘‘SPX
Tier Appointment fee will be assessed
to any Market-Maker Trading Permit
Holder that * * * conducts any open
outcry transactions in SPX or any open
outcry or electronic transaction in SPX
Weeklys at any time during a calendar
month.’’ This means that a MarketMaker Trading Permit Holder that does
not have an SPX tier appointment could
still be charged the SPX Tier
Appointment fee for conducting any
electronic transaction in SPX Weeklys.
However, because Market-Makers
cannot trade electronically in SPX
without a tier appointment, it would be
impossible to assess this fee to a MarketMaker Trading Permit Holder that does
not have an SPX tier appointment but
conducts any electronic transaction in
SPX Weeklys. Indeed, the Exchange has
never charged the SPX Tier
Appointment fee in this circumstance (it
would be impossible to do so), and the
inclusion of such possibility on the Fees
Schedule was an error. The Exchange
therefore would like to delete such
statement from the Fees Schedule and
alleviate any confusion.
No written comments were solicited
or received with respect to the proposed
rule change.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act 3
in general, and furthers the objectives of
Section 6(b)(5) 4 of the Act in particular,
in that it is designed to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
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.
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) of the Act 5 and
subparagraph (f)(2) of Rule 19b–4 6
thereunder. At any time within 60 days
of the filing of the proposed rule change,
the Commission summarily may
temporarily suspend 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–CBOE–2011–095 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
11 17
1 15
VerDate Mar<15>2010
16:50 Oct 12, 2011
3 15
4 15
Jkt 226001
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00099
Fmt 4703
5 15
6 17
Sfmt 4703
E:\FR\FM\13OCN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
13OCN1
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2011–095. 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
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–CBOE–
2011–095 and should be submitted on
or before November 3, 2011.
Incident: Remnants of Tropical Storm
Lee.
Incident Period: 09/07/2011 through
09/11/2011.
Effective Date: 10/04/2011.
Physical Loan Application Deadline
Date: 11/22/2011.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/25/2012.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the State of New York,
dated 09/23/2011, is hereby amended to
include the following areas as adversely
affected by the disaster.
Primary Counties: Ulster.
All other information in the original
declaration remains unchanged.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Elizabeth M. Murphy,
Secretary.
Puerto Rico Disaster Number PR–
00015
[FR Doc. 2011–26380 Filed 10–12–11; 8:45 am]
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #12858 and #12859]
New York Disaster Number NY–00113
U.S. Small Business
Administration.
ACTION: Amendment 2.
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of New York (FEMA–4031–
DR), dated 09/23/2011.
7 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
16:50 Oct 12, 2011
Jkt 226001
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2011–26483 Filed 10–12–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #12770 and #12771]
U.S. Small Business
Administration.
ACTION: Amendment 4.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the Commonwealth of Puerto Rico
(FEMA–4017–DR), dated 08/27/2011.
Incident: Hurricane Irene.
Incident Period: 08/21/2011 through
08/24/2011.
Effective Date: 10/04/2011.
Physical Loan Application Deadline
Date: 10/26/2011.
Economic Injury (EIDL) Loan
Application Deadline Date: 05/28/2012.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
SUMMARY:
BILLING CODE 8011–01–P
SUMMARY:
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
63699
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the Commonwealth of
Puerto Rico, dated 08/27/2011, is hereby
amended to include the following areas
as adversely affected by the disaster.
Primary Municipalities: Patillas.
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2011–26505 Filed 10–12–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #12848 and #12849]
Texas Disaster Number TX–00382
U.S. Small Business
Administration.
ACTION: Amendment 2.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Texas (FEMA–4029–DR),
dated 09/21/2011.
Incident: Wildfires.
Incident Period: 08/30/2011 and
continuing.
Effective Date: 10/04/2011.
Physical Loan Application Deadline
Date: 11/21/2011.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/21/2012.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the State of Texas,
dated 09/21/2011, is hereby amended to
include the following areas as adversely
affected by the disaster.
Primary Counties: Cherokee, Gregg,
Harrison, Houston, Rusk.
All other information in the original
declaration remains unchanged.
SUMMARY:
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63698-63699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26380]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65492; File No. SR-CBOE-2011-095]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule To Delete Erroneous
Language With Respect to the SPX Tier Appointment
October 6, 2011.
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 October 3, 2011, the Chicago Board Options Exchange,
Incorporated (the ``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 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 Fees Schedule to delete
erroneous language from the section discussing SPX Tier Appointment
fees. 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, 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 Fees Schedule to delete
erroneous language from the section discussing SPX Tier Appointment
fees. The Fees Schedule currently states that the ``SPX Tier
Appointment fee will be assessed to any Market-Maker Trading Permit
Holder that * * * conducts any open outcry transactions in SPX or any
open outcry or electronic transaction in SPX Weeklys at any time during
a calendar month.'' This means that a Market-Maker Trading Permit
Holder that does not have an SPX tier appointment could still be
charged the SPX Tier Appointment fee for conducting any electronic
transaction in SPX Weeklys. However, because Market-Makers cannot trade
electronically in SPX without a tier appointment, it would be
impossible to assess this fee to a Market-Maker Trading Permit Holder
that does not have an SPX tier appointment but conducts any electronic
transaction in SPX Weeklys. Indeed, the Exchange has never charged the
SPX Tier Appointment fee in this circumstance (it would be impossible
to do so), and the inclusion of such possibility on the Fees Schedule
was an error. The Exchange therefore would like to delete such
statement from the Fees Schedule and alleviate any confusion.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the Act
\3\ in general, and furthers the objectives of Section 6(b)(5) \4\ of
the Act in particular, in that it is designed to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest, by alleviating confusion regarding the impossible imposition
of the SPX Tier Appointment fee on a Market-Maker Trading Permit Holder
who does not hold an SPX tier appointment but conducts electronic
transactions in SPX Weeklys.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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)
of the Act \5\ and subparagraph (f)(2) of Rule 19b-4 \6\ thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend 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).
\6\ 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-2011-095 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary,
[[Page 63699]]
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090.
All submissions should refer to File Number SR-CBOE-2011-095. 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 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-CBOE-2011-095 and should be
submitted on or before November 3, 2011.
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. 2011-26380 Filed 10-12-11; 8:45 am]
BILLING CODE 8011-01-P
