Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57313 

1Transaction fees are currently waived for 

customer orders of 99 contracts or less in ETF, ETN 

and HOLDRs options. See CBOE Fees Schedule, 

footnote 9. 

2AIM 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. 

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 Fees Schedule, Trade Related 

Charges. NYSE Arca, Inc. categorizes its options 

transaction fees for Customers, Firms and BrokerDealers as either electronic or manual. See NYSE 

Arca Fees Schedule, Trade Related Charges. 

staff members who have an interest in 

the matters also may 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), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Aguilar, as duty 

officer, voted to consider the items 

listed for the Closed Meeting in a closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

September 23, 2010 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; and 

Other matters relating to enforcement 

proceedings. 

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: September 16, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–23523 Filed 9–16–10; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62902; File No. SR–CBOE– 

2010–081] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Waiver of 

Transaction Fee for Public Customer 

Orders in SPDR Options Executed in 

Open Outcry or in the Automated 

Improvement Mechanism 

September 14, 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 September 3, 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 

waive 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Public customer (‘‘C’’ origin code) 

orders in options on Standard & Poor’s 

Depositary Receipts (‘‘SPDR options’’) 

are charged a transaction fee of $.18 per 

contract, except for orders of 99 

contracts or less.1 The Exchange 

proposes to amend its Fees Schedule to 

waive the transaction fee for public 

customer orders in SPDR options that 

are executed in open outcry or in the 

Automated Improvement Mechanism 

(‘‘AIM’’) 2, effective September 7, 2010 

through November 30, 2010. 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 

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 fee waiver is 

reasonable because it would result in 

cost savings during the 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. 


jdjones on DSK8KYBLC1PROD with NOTICES
57314 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

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

8 17 C.F.R. 240.19b–4(f)(2) [sic]. 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Changes are marked to the rule text that appears 

in the electronic manual of NASDAQ found at 

http://nasdaqomx.cchwallstreet.com. 

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–2010–081 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–2010–081. 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–CBOE– 

2010–081 and should be submitted on 

or before October 12, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–23384 Filed 9–17–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62907; File No. SR– 

NASDAQ–2010–110] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify Rule 

7019 

September 14, 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 

September 7, 2010, The NASDAQ Stock 

Market LLC (‘‘NASDAQ’’ or the 

‘‘Exchange’’) 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NASDAQ proposes to modify Rule 

7019 to harmonize distributor and direct 

access fees for depth-of-book proprietary 

data products. The text of the proposed 

rule change is below. Proposed new 

language is in italics; proposed 

deletions are in brackets.3

* * * * * 

7019. Market Data Distributor Fees 

(a) No change. 

(b) The charge to be paid by 

Distributors of the following NASDAQ 

Market Center real time data feeds shall 

be: 

Monthly direct 

access fee 

Monthly internal distributor 

fee 

Monthly external distributor 

fee 

Issue Specific Data ...................................................................................................................... ........................ ........................ ........................

Dynamic Intraday ......................................................................................................................... ........................ ........................ ........................

NASDAQ-listed security depth entitlements [TotalView] ............................................................. $2,000 $1,000 $2,500 

Non NASDAQ-listed security depth entitlements [OpenView] .................................................... 1,000 500 1,250 

(c)–(d) No change. 

* * * * * 

(b) Not applicable. 

(c) Not applicable. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NASDAQ included statements 

concerning the purpose of, and basis for, 

the proposed rule change. The text of 

these statements may be examined at 

the places specified in Item III below, 

and is set forth in Sections A, B, and C 

below. 


jdjones on DSK8KYBLC1PROD with NOTICES