Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 66817 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 34– 

62758 (August 23, 2010), 75 FR 52792 (August 27, 

2010) (SR–CBOE–2010–075). 

4See Securities Exchange Act Release No. 34– 

62878 (September 9, 2010), 75 FR 56627 (September 

16, 2010) (SR–CBOE–2010–079). 

5See Securities Exchange Act Release No. 34– 

63000 (September 28, 2010), 75 FR 61549 (October 

5, 2010) (SR–CBOE–2010–089). 

6 15 U.S.C. 78f(b). 

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– 

NYSEArca–2010–94 and should be 

submitted on or before November 19, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27368 Filed 10–28–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63160; File No. SR–CBOE– 

2010–093] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Modify the Fee 

Schedule for the CBOE Stock 

Exchange 

October 22, 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 October 

15, 2010, 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to amend the Fee 

Schedule of the CBOE Stock Exchange 

(‘‘CBSX’’) to modify certain transaction 

fees. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.cboe.org/legal), at 

the Exchange’s principal office, and at 

the Commission’s Public Reference 

Room. 

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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On August 23, 2010, the Commission 

published an immediately effective rule 

filing to modify the transaction fees for 

24 securities traded on CBSX (the 

following symbols: BAC, C, DXD, EMC, 

EWJ, F, FAX, FAZ, GE, INTC, MOT, 

MSFT, MU, NOK, Q, QID, S, SIRI, SKF, 

T, TWM, UNG, UWM, XLF).3 On 

September 9, 2010, the Commission 

published an immediately effective rule 

filing to modify the transaction fees for 

51 more securities traded on CBSX (the 

following symbols: AA, AMAT, AMD, 

BGZ, BP, BSX, CMCSA, COCO, CSCO, 

CX, DELL, DUK, EBAY, EEM, EWT, 

FAS, FLEX, HBAN, IYR, MDT, MGM, 

IYR, MDT, MGM, NLY, NVDA, NWSA, 

ORCL, PFE, QCOM, QQQQ, SBUX, SH, 

SLV, SMH, SSO, SYMC, TBT, TSM, 

TXN, UCO, USO, VALE, VWO, WFC, 

XHB, XLB, XLK, XLP, XLU, XLV, XLY, 

XRX, YHOO).4 On September 28, 2010, 

the Commission published an 

immediately effective rule filing to 

modify the transaction fees for 51 more 

securities traded on CBSX (the 

following symbols: ARNA, ATML, BKC, 

BRCD, CIM, DOW, DRYS, EFA, EWZ, 

FITB, FXI, GBG, GDX, GLD, GLW, HPQ, 

IDIX, IWM, JPM, KEY, LVLT, LVS, MFE, 

MO, MRVL, ONNN, PBR, PCBC, QLD, 

RF, RFMD, RIMM, RRI, RSCR, SDS, 

SNDK, SPLS, SPY, TEVA, TLT, TNA, 

TZA, UYG, VXX, VZ, X, XLE, XLI, 

XOM, XRT).5

CBSX now proposes to modify its 

transaction fees so that all securities are 

subject to the Maker and Taker fees and 

rebates to which the aforementioned 

securities became subject. The Taker 

rebate shall be $0.0014 per share for 

transactions in all securities traded on 

CBSX that are priced $1 or greater. The 

Maker fee shall be $0.0018 per share for 

transactions in all securities traded on 

CBSX that are priced $1 or greater. 

Additionally, CBSX proposes to 

modify the Maker and Taker fees and 

rebates for transactions in securities 

priced less than $1. The Taker fee for 

such transactions shall be 0.05% of the 

dollar value of the transaction. The 

Maker rebate for such transaction shall 

be 0.01% of the dollar value of the 

transaction. 

Consistent with the new fees set forth 

above, CBSX also proposes to amend the 

fee and rebate for NBBO Step-Up 

Trades. For stocks priced $1 and over, 

the order that is flashed will receive a 

$0.0014 per share rebate and the 

responder will be charged $0.0018 per 

share. For stocks priced under $1, the 

maker/taker fees will correspond to 

those in place for non-flashed 

executions (i.e., the Taker fee for such 

transactions shall be 0.05% of the dollar 

value of the transaction, and the Maker 

rebate for such transaction shall be 

0.01% of the dollar value of the 

transaction). 

The fee changes will become effective 

on October 18, 2010. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act,6

in general, and furthers the objectives of 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

66818 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A)(ii). 

9 17 CFR 240.19b–4(f)(2). 10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

Section 6(b)(4) 7 of the Act in particular, 

in that it is designed to provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among CBOE 

members and other persons using its 

facilities. 

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)(ii) 8 of the Act and 

subparagraph (f)(2) of Rule 19b–4 9

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–2010–093 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–2010–093. 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 such filing 

also will be available for inspection and 

copying at the principal office of the 

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–2010–093 and 

should be submitted on or before 

November 19, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27359 Filed 10–28–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63170; File No. SR– 

NYSEAmex-2010–99] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC To Establish a Pilot 

Program to List Series With Additional 

Expiration Months for Each Class of 

Options Opened for Trading on the 

Exchange 

October 25, 2010. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on October 

22, 2010, NYSE Amex LLC (‘‘NYSE 

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

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II 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 

The Exchange proposes to adopt 

Commentary .11 to NYSE Amex Options 

Rule 903 to establish a Pilot Program to 

list additional expiration months for 

each class of options opened for trading 

on the Exchange. The text of the 

proposed rule change is available at the 

Exchange’s principal office, on the 

Commission’s Web site at http:// 

www.sec.gov, at the Commission’s 

Public Reference Room, and http:// 

www.nyse.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 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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES