Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57719 

143 15 U.S.C. 78s(b)(2). 

144 15 U.S.C. 78s(b)(2). 

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

2 17 CFR 240.19b–4. 

3See Securities and Exchange Commission 

Release No. 58147 (July 11, 2008); 73 FR 41389 

(July 18, 2008) (SR–ISE–2008–53) [sic]. 

V. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning Amendment No. 

4 to File No. SR–Amex–2008–62, 

including whether Amendment No. 4 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–Amex–2008–62 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, and 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Amex–2008–62. 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 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 Amex. 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–Amex–2008–62 and should 

be submitted on or before October 24, 

2008. 

VI. Conclusion 

For the foregoing reasons, the 

Commission finds that the proposed 

rule changes are consistent with the Act 

and the rules and regulations 

thereunder applicable to a national 

securities exchange. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,143 that the 

proposed rule change (SR–Amex–2008– 

62), as modified by Amendment Nos. 1 

and 4 thereto, be and hereby is 

approved on an accelerated basis. 

It is therefore further ordered, 

pursuant to Section 19(b)(2) of the 

Act,144 that the proposed rule change 

(SR–NYSE–2008–60), as modified by 

Amendment No. 1 thereto, be and 

hereby is approved. 

Although the Commission’s approval 

of the proposed rule changes of Amex 

(SR–Amex–2008–62) and NYSE (SR– 

NYSE–2008–60) is final and the 

proposed rules are therefore effective, it 

is further ordered that the proposed rule 

changes will not become operative until 

the NYSE Regulation RSA and the New 

Multi-Party FINRA RSA are executed. 

By the Commission. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23313 Filed 10–2–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58676; File No. SR–ISE– 

2008–69] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by 

International Securities Exchange, LLC 

Relating to Amending the Fee 

Schedule 

September 29, 2008. 

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 

September 22, 2008, the International 

Securities Exchange, LLC (the 

‘‘Exchange’’ or the ‘‘ISE’’) filed with the 

Securities and Exchange Commission 

the proposed rule change as described 

in Items I, II, and III below, which items 

have been prepared by the selfregulatory organization. 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 ISE is proposing to amend its 

Schedule of Fees with respect to 

transactions executed in securities 

reported to Tape B. The text of the 

proposed rule change is available on the 

Exchange’s Internet Web site at http:// 

www.ise.com. 

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. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On July 1, 2008, the Exchange 

adopted a fee structure for transactions 

in securities priced at or above $1.00 

that are reported to Tape B (hereinafter, 

referred to as Tape B securities) 

(excluding both order delivery and 

MidPoint Match orders) whereby the 

maker receives a per share rebate of 

$0.0017 and the taker fee is $0.0015 on 

all Tape B shares.3 For transactions in 

securities priced at or above $1.00 that 

are reported to Tape A and Tape C 

(hereinafter referred to as Tape A and 

Tape C securities), the Exchange applies 

a tiered rebate structure, averaged across 

an entire month, whereby the first five 

million maker shares executed on an 

average daily volume (ADV) basis 

receive a rebate of $0.0032 per share, 

with an increase in the rebate to $0.0035 

for each maker share executed above 

five million ADV. 

For order delivery orders in securities 

priced at or above $1.00, the Exchange 

provides a rebate of $0.0015 for maker 

shares executed in Tape B securities and 

a rebate of $0.0027 for maker shares 

executed in Tape A and Tape C 

securities. The Exchange is proposing to 

amend the equity fee schedule to apply 

equity fees consistently across all 

mstockstill on PROD1PC66 with NOTICES

57720 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 19b–4(f)(2). 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 ISE began trading FX options on April 17, 2007 

pursuant to Commission approval. See Securities 

Exchange Act Release No. 55575 (April 3, 2007), 72 

FR 17963 (April 10, 2007). 

securities, regardless of which Tape 

they are reported to. The Exchange is 

proposing to implement these fee 

changes on October 1, 2008. 

Specifically, the Exchange proposes to 

implement a tiered rebate structure for 

securities priced at or above $1.00 

across all Tapes, averaged across an 

entire month, where the first five 

million maker shares executed on an 

average daily volume (ADV) basis 

receive a rebate of $0.0032 per share, 

with an increase in the rebate to $0.0035 

for each maker share executed above 

five million ADV. Additionally, the 

Exchange proposes to reinstate a single 

taker fee for securities priced at or above 

$1.00 of $0.0030 for executions on all 

securities, regardless of which Tape 

they are reported to. 

For shares executed on an order 

delivery basis in securities priced at or 

above $1.00, the Exchange proposes to 

rebate $0.0027 for all maker shares 

executed, regardless of which Tape they 

are reported to. 

The execution fee for equities priced 

under $1.00, regardless of which tape 

they are reported to, is 0.3% of trade 

value with no rebates for adding 

liquidity. 

For the avoidance of doubt, the 

Exchange proposes to add a note to the 

fee schedule stating that fees are based 

on ADV per member, per month. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,4

in general, and furthers the objectives of 

Section 6(b)(4),5 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 

unsolicited written comments from 

members or other interested parties. 

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) of 

the Act 6 and Rule 19b–4(f)(2) 7

thereunder. At any time within 60 days 

of the filing of such 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. 

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–ISE–2008–69 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–ISE–2008–69. 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 inspection and copying in 

the Commission’s Public Reference 

Room 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 Number SR-ISE– 

2008–69 and should be submitted on or 

before October 24, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23364 Filed 10–2–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58645; File No. SR–ISE– 

2008–72] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Foreign Currency 

Options Closing Settlement Value 

September 25, 2008. 

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 

September 23, 2008, 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 

substantially prepared by the Exchange. 

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 ISE proposes to amend its rules 

regarding Foreign Currency Options 

(‘‘FX Options’’).3 The text of the 

proposed rule amendment is as follows, 

with deletions in [brackets] and 

additions in italics: 

mstockstill on PROD1PC66 with NOTICES