Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31079 

12 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78s–1(b)(3)(A)(ii). 

3 17 CFR 240.19b–4(f)(2). 

4The Commission has modified parts of these 

statements. 5Securities Exchange Act Release No. 46339 

(August 12, 2002), 67 FR 53828 (August 19, 2002) 

(File No. SR–OCC–2002–17). 

6For example, in 2006 OCC reduced the tiered fee 

structure to reflect changes in infrastructure and 

disaster recovery protocols. Securities Exchange Act 

Release No. 53812 (May 16, 2006), 71 FR 29699 

(May 23, 2006) (SR–OCC–2006–03). 

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–Phlx–2009–46 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–Phlx–2009–46. 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–Phlx– 

2009–46 and should be submitted on or 

before July 20, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15224 Filed 6–26–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60144; File No. SR–OCC– 

2009–11] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Notice 

of Filing and Immediate Effectiveness 

of a Proposed Rule Change Relating to 

Ancillary Fee Changes 

June 19, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

May 28, 2009, The Options Clearing 

Corporation (‘‘OCC’’) 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 

prepared primarily by OCC. OCC filed 

the proposed rule change pursuant to 

Section 19(b)(3)(A)(ii) of the Act 2 and 

Rule 19b–4(f)(2) 3 thereunder so that the 

proposal was effective upon filing with 

the Commission. 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 proposed rule change would (i) 

reduce ancillary service fees charged to 

Tier I, II, III, and IV clearing members 

and (ii) reduce leased line charges for 

subscribing clearing members. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

OCC 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. OCC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of such statements.4

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

The principal purpose of this rule 

change is to effect certain fee changes 

with respect to OCC’s ancillary services 

program. 

In addition to clearing and settlement 

services, OCC provides its clearing 

members with a number of ancillary 

services, which range from on-line 

access to OCC systems to report and 

data distribution offerings. Hardware 

and communication lines support these 

ancillary service offerings. In August 

2002, OCC implemented a four-tiered 

fee structure for its ancillary services 

with a different bundle of services 

offered at a fixed cost for each tier and 

revised its leased line charges for 

subscribing clearing members.5 OCC 

periodically reviews these fees based on 

changes in costs, infrastructure, and 

operational changes.6

Pursuant to such a review, effective 

June 1, 2009, OCC will reduce the fixed 

monthly ancillary fees charged to Tier I, 

II, III, and IV clearing members and the 

leased line charges for subscribing 

clearing members. The following chart 

summarizes the ancillary services 

associated with each tier and the related 

fee changes: 

Tier Ancillary services 

Cost 

Previous June 2009 

I .............................................. ENCORE Access ................................................................... $2,100/month ............... $1,500/month. 

MyOCC Access 

Data Service—proprietary position and trade data (includes 

transmission to service bureau) 

Report Bundle 

Series File 

Open Interest File 


sroberts on PROD1PC70 with NOTICES
31080 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

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

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

Tier Ancillary services 

Cost 

Previous June 2009 

Prices File 

Stock Loan File 

Theoretical Profit and Loss Values 

Leased line charges are additional 

Additional clearing numbers ................................................... $850/clearing number/ 

month.

No Additional Charge. 

II ............................................. ENCORE Access ................................................................... $1,650/month ............... $1,000/month. 

MyOCC Access 

Data Service—proprietary position and trade data (includes 

transmission to service bureau) 

Report Bundle 

Leased line charges are additional 

III ............................................ ENCORE Access ................................................................... $950/month .................. $650/month. 

MyOCC Access 

IV (Stock Loan Only) .............. ENCORE Access ................................................................... $400/month .................. $300/month. 

MyOCC Access 

Monthly leased line charges Previous June 2009 

T1 line to a Midwest clearing member ............................................................................................................ $1,500 $1,000 

T1 line to an East Coast clearing member ..................................................................................................... 2,500 1,500 

T1 line to a West Coast clearing member ...................................................................................................... 3,500 2,000 

OCC’s Schedule of Fees as of June, 

2009, which reflects the foregoing 

changes, is attached as Exhibit 5 to 

Filing No. OCC–2009–11. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

OCC does not believe that the 

proposed rule change would impose any 

burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were not and are 

not intended to be solicited with respect 

to the proposed rule change and none 

have been received. 

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)(ii) of the Act 7 and Rule 19b– 

4(f)(2) 8 promulgated thereunder 

because the proposal changes a due, fee, 

or other charge applicable only to a 

member. At any time within sixty days 

of the filing of the 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–OCC–2009–11 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–OCC–2009–11. 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 OCC. 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–OCC–2009–11 and should 

be submitted on or before July 20, 2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15226 Filed 6–26–09; 8:45 am] 

BILLING CODE 8010–01–P 


sroberts on PROD1PC70 with NOTICES