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Federal Register / Vol. 72, No.

142 / Wednesday, July 25, 2007 / Notices 40911

become operative prior to 30 days after submission, all subsequent comments on the proposed rule change
the date of filing. However, Rule 19b– amendments, all written statements from interested persons.
4(f)(6)(iii) 13 permits the Commission to with respect to the proposed rule
I. Self-Regulatory Organization’s
designate a shorter time if such action change that are filed with the
Statement of the Terms of Substance of
is consistent with the protection of Commission, and all written
the Proposed Rule Change
investors and the public interest. The communications relating to the
Exchange has requested that the proposed rule change between the The ISE is proposing to amend its
Commission waive the 30-day operative Commission and any person, other than Schedule of Fees to add a clarifying
delay period. The Commission believes those that may be withheld from the sentence to resolve an ambiguity with
that waiver of the 30-day operative public in accordance with the respect to fees charged to MidPoint
delay is consistent with the protection provisions of 5 U.S.C. 552, will be Match executions. The text of the
of investors and the public interest, available for inspection and copying in proposed rule change is available at
because the proposal would allow the the Commission’s Public Reference http://www.iseoptions.com/legal/
pilots to continue without interruption Room, 100 F Street, NE., Washington, proposed_rule_changes.asp and the
until July 18, 2008.14 For this reason, DC 20549, on official business days Commission’s Public Reference Room.
the Commission designates the proposal between the hours of 10 a.m. and 3 p.m.
to be operative upon filing with the Copies of such filing also will be II. Self-Regulatory Organization’s
Commission. available for inspection and copying at Statement of the Purpose of, and
At any time within 60 days of the the principal office of the Exchange. All Statutory Basis for, the Proposed Rule
filing of the proposed rule change, the comments received will be posted Change
Commission may summarily abrogate without change; the Commission does In its filing with the Commission, the
such proposed rule change if it appears not edit personal identifying Exchange included statements
to the Commission that such action is information from submissions. You concerning the purpose of, and basis for,
necessary or appropriate in the public should submit only information that the proposed rule change and discussed
interest, for the protection of investors, you wish to make available publicly. All any comments it received on the
or otherwise in furtherance of the submissions should refer to File proposed rule change. The text of these
purposes of the Act.15 Number SR–CBOE–2007–80 and should statements may be examined at the
IV. Solicitation of Comments be submitted on or before August 15, places specified in Item IV below. The
2007. Exchange has prepared summaries, set
Interested persons are invited to
submit written data, views, and For the Commission, by the Division of forth in Sections A, B, and C below, of
Market Regulation, pursuant to delegated the most significant aspects of such
arguments concerning the foregoing,
authority.16 statements.
including whether the proposed rule
Florence E. Harmon,
change is consistent with the Act. A. Self-Regulatory Organization’s
Comments may be submitted by any of Deputy Secretary.
Statement of the Purpose of, and
the following methods: [FR Doc. E7–14311 Filed 7–24–07; 8:45 am] Statutory Basis for, the Proposed Rule
BILLING CODE 8010–01–P Change
Electronic Comments
• Use the Commission’s Internet 1. Purpose
comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
COMMISSION The purpose of this proposed rule
rules/sro.shtml); or
• Send an e-mail to rule- change is to add a clarifying sentence to
comments@sec.gov. Please include File [Release No. 34–56091; File No. SR–ISE– the Schedule of Fees to resolve an
2007–57] ambiguity with respect to fees charged
Number SR–CBOE–2007–80 on the
subject line. to MidPoint Match executions. The
Self-Regulatory Organizations; Exchange currently waives fees in the
Paper Comments International Securities Exchange, circumstances where the same Member
LLC; Notice of Filing and Immediate
• Send paper comments in triplicate enters MidPoint Match orders that
Effectiveness of Proposed Rule execute against each other in the
to Nancy M. Morris, Secretary,
Change Relating to Clarifying the Fee MidPoint Match System. Additionally,
Securities and Exchange Commission,
Schedule the Exchange offers discounted fees
100 F Street, NE., Washington, DC
20549–1090. July 18, 2007. based on a Member’s average daily
All submissions should refer to File Pursuant to Section 19(b)(1) of the volume (‘‘ADV’’) via a tiered schedule
Number SR–CBOE–2007–80. This file Securities Exchange Act of 1934 that provides increased discounts as a
number should be included on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Member’s ADV increases. The Exchange
subject line if e-mail is used. To help the notice is hereby given that on July 2, proposes to add a sentence clarifying
Commission process and review your 2007, the International Securities that transactions for which fees are
comments more efficiently, please use Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) waived do not count towards the ADV
only one method. The Commission will filed with the Securities and Exchange discounts and do not accrue market data
post all comments on the Commission’s Commission (‘‘Commission’’) the revenue.
Internet Web site (http://www.sec.gov/ proposed rule change as described in 2. Statutory Basis
rules/sro.shtml). Copies of the Items I, II and III below, which Items
have been substantially prepared by the The basis under the Act for this
13 17 CFR 240.19b–4(f)(6)(iii). Exchange. The Commission is proposed rule change is the requirement
rwilkins on PROD1PC63 with NOTICES

14 For purposes only of waiving the operative


publishing this notice to solicit under section 6(b)(4) 3 that the Exchange
delay for this proposal, the Commission has provide for the equitable allocation of
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See 16 17 CFR 200.30–3(a)(12). reasonable dues, fees, and other charges
15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1).
15 15 U.S.C. 78s(b)(3)(C). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78f(b)(4).

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40912 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices

among its members and issuers and All submissions should refer to File filed with the Securities and Exchange
other persons using its facilities. Number SR–ISE–2007–57. This file Commission (‘‘Commission’’) the
number should be included on the proposed rule change as described in
B. Self-Regulatory Organization’s
subject line if e-mail is used. To help the Items I, II, and III below, which Items
Statement on Burden on Competition
Commission process and review your have been substantially prepared by the
The Exchange believes that the comments more efficiently, please use Exchange. The Commission is
proposed rule change does not impose only one method. The Commission will publishing this notice to solicit
any burden on competition that is not post all comments on the Commission’s comments on the proposed rule change
necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ from interested persons.
of the purposes of the Act. rules/sro.shtml). Copies of the
submission, all subsequent I. Self-Regulatory Organization’s
C. Self-Regulatory Organization’s Statement of the Terms of Substance of
Statement on Comments on the amendments, all written statements
with respect to the proposed rule the Proposed Rule Change
Proposed Rule Change Received From
Members, Participants, or Others change that are filed with the ISE proposes to amend its Schedule of
Commission, and all written Fees to adopt a subscription fee for an
The Exchange has not solicited, and communications relating to the enhanced sentiment market data
does not intend to solicit, comments on proposed rule change between the offering. The text of the proposed rule
this proposed rule change. The Commission and any person, other than change is available at the Commission’s
Exchange has not received any those that may be withheld from the Public Reference Room, at the
unsolicited written comments from public in accordance with the Exchange, and at http://www.ise.com.
members or other interested parties. provisions of 5 U.S.C. 552, will be
II. Self-Regulatory Organization’s
III. Date of Effectiveness of the available for inspection and copying in
Statement of the Purpose of, and
Proposed Rule Change and Timing for the Commission’s Public Reference
Statutory Basis for, the Proposed Rule
Commission Action Room, 100 F Street, NE., Washington,
DC 20549, on official business days Change
The foregoing proposed rule change In its filing with the Commission, the
between the hours of 10 a.m. and 3 p.m.
has become effective pursuant to section Exchange included statements
Copies of such filing also will be
19(b)(3)(A)(ii) of the Act 4 and Rule 19b– concerning the purpose of and basis for
available for inspection and copying at
4(f)(2) thereunder,5 because it the proposed rule change, and discussed
the principal office of the ISE. All
establishes or changes a due, fee, or any comments it received on the
comments received will be posted
other charge imposed by the Exchange. proposed rule change. The text of these
without change; the Commission does
Accordingly, the proposal will take statements may be examined at the
not edit personal identifying
effect upon filing with the Commission.
information from submissions. You places specified in Item IV below. The
At any time within 60 days of the
should submit only information that Exchange has prepared summaries, set
filing of such proposed rule change, the
Commission may summarily abrogate you wish to make available publicly. All forth in Sections A, B, and C below, of
such rule change if it appears to the submissions should refer to File the most significant aspects of such
Commission that such action is Number SR–ISE–2007–57 and should be statements.
necessary or appropriate in the public submitted on or before August 15, 2007.
A. Self-Regulatory Organization’s
interest, for the protection of investors, For the Commission, by the Division of Statement of the Purpose of, and
or otherwise in furtherance of the Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule
purposes of the Act. authority.6
Change
Florence E. Harmon,
IV. Solicitation of Comments Deputy Secretary. 1. Purpose
Interested persons are invited to [FR Doc. E7–14313 Filed 7–24–07; 8:45 am] Pursuant to a filing previously
submit written data, views and BILLING CODE 8010–01–P approved by the Commission, the
arguments concerning the foregoing, Exchange currently sells on a
including whether the proposed rule subscription basis, to both members and
change is consistent with the Act. SECURITIES AND EXCHANGE non-members, ISEE SelectTM (‘‘ISEE
Comments may be submitted by any of COMMISSION Select’’), an enhanced sentiment market
the following methods: [Release No. 34–56093; File No. SR–ISE– data offering.3 Earlier this year, the
Electronic Comments 2007–58] Exchange also adopted a multi-product
discount for the ISEE Select offering.4
• Use the Commission’s Internet Self-Regulatory Organizations; ISEE Select is based on the ISE
comment form (http://www.sec.gov/ International Securities Exchange, Sentiment Index, or ISEE, a
rules/sro.shtml); or LLC; Notice of Filing of a Proposed calculation that represents an overall
• Send an e-mail to rule- Rule Change Relating to ISEE Select
comments@sec.gov. Please include File Market Data Fees 3 See Securities Exchange Act Release Nos. 53532
Number SR–ISE–2007–57 on the subject (March 21, 2006), 71 FR 15501 (March 28, 2006)
line. July 18, 2007. (SR–ISE–2005–56) (Notice of Filing of Proposed
Pursuant to Section 19(b)(1) of the Rule Change to Establish Fees for Enhanced
Paper Comments Securities Exchange Act of 1934 Sentiment Market Data) and 53756 (May 3, 2006),
71 FR 27526 (May 11, 2006) (SR–ISE–2005–56)
• Send paper comments in triplicate (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (Order Approving Proposed Rule Change to
to Nancy M. Morris, Secretary, notice is hereby given that on July 6, Establish Fees for Enhanced Sentiment Market
Securities and Exchange Commission, 2007, the International Securities Data) (‘‘Initial Filing’’).
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4 See Securities Exchange Act Release No. 55288


Station Place, 100 F Street, NE., Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
(February 13, 2007), 72 FR 8219 (February 23, 2007)
Washington, DC 20549–1090. (SR–ISE–2007–09) (Notice of Filing and Immediate
6 17 CFR 200.30–3(a)(12). Effectiveness of Proposed Rule Change To Establish
4 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). Fee Discounts for Enhanced Sentiment Market Data
5 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. Offering) (‘‘Subsequent Filing’’).

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