[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Notices]
[Pages 58668-58669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23604]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-46485; File No. SR-PCX-2002-59]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. 
Relating to Changes in Marketing Fees

September 10, 2002.
    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 August 28, 2002, the Pacific Exchange, Inc. (``PCX'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II and III below, which the PCX has 
prepared. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The PCX is proposing to change its marketing fee for certain 
options and to adopt new marketing fees for recently listed options. 
The text of the proposed rule change is available at the PCX 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, the PCX included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it had received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The PCX 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

    The PCX recently adopted a payment-for-order-flow program under 
which it charges a marketing fee ranging from $0 to $1.00 per contract 
on a per-issue basis.\3\ The PCX segregates the funds from this fee by 
trading post and makes the funds available to lead market makers for 
their use in attracting orders in the options traded at the posts. The 
PCX charges the marketing fees as set forth in the Schedule of Rates.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 44830 (September 21, 
2001), 66 FR 49728 (September 28, 2001) (SR-PCX-2001-37).
---------------------------------------------------------------------------

    The PCX is proposing to change the marketing fee for certain 
options as set forth in the Schedule of Rates beginning at the 
commencement of the September trade month and continuing until further 
notice. The PCX proposes to change only the amounts of the fees that it 
charges for transactions in the options that are included in the 
proposed Schedule of Rates. Any fees currently being charged for 
transactions in options that are not listed in this amendment to the 
Schedule of Rates would not be affected by the proposed rule change. 
The PCX believes that its proposed rule change is reasonable and 
equitable because it is designed to enable the PCX to compete with 
other markets in attracting options business. Only the amount of the 
fee is being changed.
    The PCX believes that the proposal is consistent with Section 6(b) 
of the Act,\4\ particularly Section 6(b)(4),\5\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among its members.
---------------------------------------------------------------------------

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

B. Self-Regulatory Organization's Statement on Burden on Competition

    The PCX does not believe that the proposed rule change will 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 PCX neither solicited nor received written comments on the 
proposed rule change.

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 \6\ and Rule 19b-4(f)\7\ because it changes a 
PCX fee. At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate the rule change if it 
appears to the Commission that the action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 
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

[[Page 58669]]

the Commission's Public Reference Room. Copies of the filing will also 
be available for inspection and copying at the principal offices of the 
PCX. All submissions should refer to File No. SR-PCX-2002-59 and should 
be submitted by October 8, 2002.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-23604 Filed 9-16-02; 8:45 am]
BILLING CODE 8010-01-P