76770 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 

11See Securities Exchange Act Release No. 60182 

(June 26, 2009), 74 FR 32014 (July 6, 2009) (SR– 

NASDAQ–2009–057); Securities Exchange Act 

Release No. 60191 (June 30, 2009) (SR–NYSEArca– 

2009–058); Securities Exchange Act Release No. 

60266 (July 9, 2009), 74 FR 34380 (July 15, 2009) 

(SR–BATS–2009–022); Securities Exchange Act 

Release No. 62102 (May 13, 2010), 75 FR 28670 

(May 21, 2010) (SR–BATS–2010–011). 

12For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12). 

1See Securities Exchange Act Release No. 34– 

62902 (September 14, 2010), 75 FR 57313 

(September 20, 2010), and CBOE Fees Schedule, 

footnote 8. AIM is an electronic auction system that 

exposes certain orders electronically in an auction 

to provide such orders with the opportunity to 

receive an execution at an improved price. AIM is 

governed by CBOE Rule 6.74A. 

2The Exchange notes that transaction fees are 

also currently waived for customer orders of 99 

contracts or less in ETF (including SPDR options), 

ETN and HOLDRs options. See CBOE Fees 

Schedule, footnote 9. 

that the proposal is based on similar 

rules of other exchanges 11 and believes 

that waiver of the operative delay is 

consistent with the protection of 

investors and the public interest. 

Therefore, the Commission designates 

the proposal operative upon filing.12

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–EDGA–2010–19 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–EDGA–2010–19. 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 (http://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 the 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 Number SR–EDGA– 

2010–19 and should be submitted on or 

before December 30, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30943 Filed 12–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63422; File No. SR–CBOE– 

2010–105] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated: Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Extension of 

Waiver of Transaction Fee for Public 

Customer Orders in SPDR Options 

Executed in Open Outcry or in the 

Automated Improvement Mechanism 

December 3, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934, 15 

U.S.C. 78s(b)(1), notice is hereby given 

that on November 30, 2010, Chicago 

Board Options Exchange, Incorporated 

(‘‘CBOE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by CBOE. 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 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) 

proposes to amend its Fees Schedule to 

extend through March 31, 2011, a 

waiver of the transaction fee for public 

customer orders in options on Standard 

& Poor’s Depositary Receipts that are 

executed in open outcry or in the 

Automated Improvement Mechanism. 

The text of the proposed rule change is 

available on the Exchange’s Web site 

(http://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, 

CBOE 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. CBOE 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, Proposed Rule 

Change 

1. Purpose 

Effective September 7, 2010, the 

Exchange waived the $.18 per contract 

transaction fee for public customer (‘‘C’’ 

origin code) orders in options on 

Standard & Poor’s Depositary Receipts 

(‘‘SPDR options’’) that are executed in 

open outcry or in the Automated 

Improvement Mechanism (‘‘AIM’’).1 This 

fee waiver is due to expire on November 

30, 2010. The Exchange proposes to 

extend the fee waiver through March 31, 

2011.2 The proposed fee waiver is 

intended to attract more customer 

volume on the Exchange in this product. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 


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Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 76771 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(4). 

5See CBOE Fees Schedule, Section 1. 

6NASDAQ OMX PHLX, Inc. categorizes its equity 

options transaction fees for Specialists, ROTs, 

SQTs, RSQTs and Broker-Dealers as either 

electronic or non-electronic. See NASDAQ OMX 

PHLX Fees Schedule, Equity Options Fees. NYSE 

Amex, Inc. categorizes its options transaction fees 

for Non-NYSE Amex Options Market Makers, 

Broker-Dealers, Professional Customers, Non BD 

Customers and Firms as either electronic or manual. 

See NYSE Amex Options Fees Schedule, Trade 

Related Charges. NYSE Arca, Inc. categorizes its 

options transaction fees for Customers, Firms and 

Broker-Dealers as either electronic or manual. See 

NYSE Arca Options Fees Schedule, Trade Related 

Charges. 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12). 

6(b) of the Securities Exchange Act of 

1934 (‘‘Act’’),3 in general, and furthers 

the objectives of Section 6(b)(4) 4 of the 

Act 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. The Exchange 

believes the proposed extension of the 

fee waiver is reasonable because it 

would continue to provide cost savings 

during the extended waiver period for 

public customers trading SPDR options 

and is consistent with other fees 

assessed by the Exchange. The Exchange 

assesses manually executed brokerdealer orders a different rate ($.25 per 

contract) as compared to electronically 

executed broker-dealer orders ($.45 per 

contract), and a different rate ($.20 per 

contract) for broker-dealer orders 

executed on AIM as compared to other 

electronic executions and manual 

executions of broker-dealer orders.5

Other exchange fee schedules also 

distinguish between electronically and 

non-electronically executed orders.6

The Exchange believes the proposed fee 

waiver is equitable because it would 

apply uniformly to all public customers 

trading SPDR options. 

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 that is not 

necessary or appropriate in furtherance 

of 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 has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 7 and subparagraph (f)(2) of 

Rule 19b–4 8 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–CBOE–2010–105 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. 

All submissions should refer to File 

Number SR–CBOE–2010–105. 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 website (http://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 website 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 CBOE. 

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 

Number SR–CBOE–2010–105 and 

should be submitted on or before 

December 30, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30941 Filed 12–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7263] 

In the Matter of the Designation of 

Fahd Mohammed Ahmed al-Quso, also 

known as Fahd al-Quso, also known as 

Abu Huthaifah, also known as Abu 

Huthaifah al-Yemeni, also known as 

Abu Huthaifah al-Adani, also known as 

Abu al-Bara’, also known as Abu 

Hathayfah al-Adani, also known as 

Fahd Mohammed Ahmed al-Awlaqi, 

also known as Huthaifah al-Yemeni, 

also known as Abu Huthaifah al-Abu 

al-Bara’, also known as Fahd 

Muhammad Ahmad al-Kusso, as a 

Specially Designated Global Terrorist 

pursuant to Section 1(b) of Executive 

Order 13224, as Amended 

Acting under the authority of and in 

accordance with section 1(b) of 

Executive Order 13224 of September 23, 

2001, as amended by Executive Order 

13268 of July 2, 2002, and Executive 

Order 13284 of January 23, 2003, I 

hereby determine that the individual 

known as Fahd Mohammed Ahmed alQuso, also known as Fahd al-Quso, also 

known as Abu Huthaifah, also known as 

Abu Huthaifah al-Yemeni, also known 

as Abu Huthaifah al-Adani, also known 

as Abu al-Bara’, also known as Abu 

Hathayfah al-Adani, also known as Fahd 

Mohammed Ahmed al-Awlaqi, also 

known as Huthaifah al-Yemeni, also 

known as Abu Huthaifah al-Abu alBara’, also known as Fahd Muhammad 

Ahmad al-Kusso, committed, or poses a 

significant risk of committing, acts of 

terrorism that threaten the security of 

U.S. nationals or the national security, 

foreign policy, or economy of the United 

States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘prior notice to persons determined to 

be subject to the Order who might have 


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