60440 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

5 17 CFR 200.30–3(a)(1).

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b-4.

3See letter from Christopher R. Hill, Attorney II, 

Office of Enforcement, Legal Department, CBOE, to 

Leah Mesfin, Special Counsel, Division of Market 

Regulation (‘‘Division’’), Commission, dated 

November 13, 2003 (‘‘Amendment No. 1’’). In 

Amendment No. 1, CBOE revised its statement of 

the purpose of the proposed rule change to modify 

its argument in support of the proposal.

4See Securities Exchange Act Release No. 48815 

(November 20, 2003), 68 FR 66908.

5See letter from Michael J. Simon, Senior Vice 

President and Secretary, International Stock 

Exchange, Inc. (‘‘ISE’’), to Jonathan G. Katz, 

Secretary, Commission, dated December 19, 2003.

6See letter from Christopher R. Hill, Attorney II, 

Office of Enforcement, Legal Department, CBOE, to 

Nancy Sanow, Assistant Director, Division, 

Commission, dated March 5, 2004 (‘‘Amendment 

No. 2’’). In Amendment No. 2, CBOE replaced the 

rule text to more clearly indicate the changes to be 

made to the Exchange’s Fee Schedule.

7See letter from Christopher R. Hill, Attorney II, 

Office of Enforcement, Legal Department, CBOE, to 

Nancy Sanow, Assistant Director, Division, 

Commission, dated April 21, 2004 (‘‘Amendment 

No. 3’’). In Amendment No. 3, CBOE revised the 

rule text to clarify that the proposed fee increase 

would not apply to Linkage orders.

8See letter from Jaime Galvin, Attorney, Legal 

Division, CBOE, to Jennifer Colihan, Special 

Counsel, Division, Commission, dated August 19, 

2004 (‘‘Amendment No. 4’’). In Amendment No. 4, 

CBOE replaced the rule text to reflect recent 

changes made to the Exchange’s Fee Schedule.

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

Number 1–11863. This file number 

should be included on the subject line 

if e-mail is used. To help us 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 

(http://www.sec.gov/rules/delist.shtml). 

Comments are also available for public 

inspection and copying in the 

Commission’s Public Reference Room, 

450 Fifth Street, NW., Washington, DC 

20549. All comments received will be 

posted without change; we do not edit 

personal identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

The Commission, based on the 

information submitted to it, will issue 

an order granting the application after 

the date mentioned above, unless the 

Commission determines to order a 

hearing on the matter.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority. 5

Jonathan G. Katz, 

Secretary.

[FR Doc. E4–2554 Filed 10–7–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meetings during 

the week of October 11, 2004:

An open meeting will be held on 

Wednesday, October 13, 2004 at 10 a.m., in 

Room 1C30, the William O. Douglas Meeting 

Room, and a closed meeting will be held on 

Thursday, October 14, 2004 at 10 a.m.

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters may also be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (4), (5), (7), (8), (9)(B), 

and (10) and 17 CFR 200.402(a)(3), (4), 

(5), (7), (8), 9(ii) and (10), permit 

consideration of the scheduled matters 

at the closed meeting. 

Commissioner Campos, as duty 

officer, voted to consider the items 

listed for the closed meeting in closed 

session. 

The subject matter of the open 

meeting scheduled for Wednesday, 

October 13, 2004 will be:

The Commission will consider whether to 

propose amendments to Regulation M (the 

anti-manipulation rule concerning securities 

offerings) under the Securities Exchange Act 

of 1934. 

For further information, please contact 

Denise Landers, Joan Collopy, Elizabeth 

Sandoe or Elizabeth Marino at (202) 942–

0772.

The subject matter of the closed 

meeting scheduled for Thursday, 

October 14, 2004 will be:

Formal orders of investigations; 

Institution and settlement of injunctive 

actions; 

Institution and settlement of administrative 

proceedings of an enforcement nature; 

Adjudicatory matters; 

Regulatory matters regarding financial 

institutions; and 

Amicus consideration.

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) 

942–7070.

Dated: October 6, 2004. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–22814 Filed 10–6–04; 11:14 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50484; File No. SR–CBOE–

2003–33] 

Self-Regulatory Organizations; Order 

Granting Approval of Proposed Rule 

Change and Amendment No. 1 Thereto 

by the Chicago Board Options 

Exchange, Inc., and Notice of Filing 

and Order Granting Accelerated 

Approval to Amendments No. 2, 3 and 

4 Relating to Non-Member Market 

Maker Transaction Fees 

October 1, 2004. 

I. Introduction 

On July 30, 2003, the Chicago Board 

Options Exchange, Inc. (‘‘CBOE’’ or 

‘‘Exchange’’) submitted to the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’),1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

increase the transaction fee for nonmember market fees by $0.02 per 

contract. On November 13, 2003, CBOE 

filed Amendment No. 1 to the proposed 

rule change via facsimile.3 The 

proposed rule change, as amended, was 

published in the Federal Register for 

notice and comment on November 28, 

2003.4 The Commission received one 

comment on the proposal.5 On March 5, 

2004, CBOE filed Amendment No. 2 to 

the proposed rule change.6 On April 22, 

2004, CBOE filed Amendment No. 3 to 

the proposed rule change.7 On August 

20, 2004, CBOE filed Amendment No. 4 

to the proposed rule change.8

This order approves the proposed rule 

change as modified by Amendment No. 

1. In addition, the Commission is 

approving on an accelerated basis, and 

is soliciting comments on, Amendments 

No. 2, 3 and 4 to the proposed rule 

change. 

II. Description 

The Exchange is proposing to change 

its Fee Schedule to increase transaction 

fees for orders originating from nonmember market makers by $0.02 per 

contract. In its proposed rule change, 

CBOE explained that currently the 

Exchange charges transaction fees for 

orders executed on behalf of nonmember market makers that are equal to 

member market maker and member firm 

rates for equity and QQQ options and