[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9378-9379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3039]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57315; File No. SR-CHX-2008-01]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
and Amendment Number 1 Thereto Relating to Participant Fees and Credits

February 12, 2008.
    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 January 31, 2008, the Chicago Stock Exchange, Inc. (``CHX'' or 
``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 substantially prepared by the 
Exchange. On February 11, 2008, CHX filed Amendment No. 1 to the 
proposed rule change. The Exchange has designated this proposal as one 
establishing or changing a due, fee, or other charge imposed by the 
Exchange under Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders it effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change, as amended, from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The CHX proposes to amend its Schedule of Participant Fees and 
Credits (the ``Fee Schedule'') to modify the fees for the receipt of 
orders through the CHX Connect network. The text of this proposed rule 
change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm, the Exchange, and in 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, CHX 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. CHX 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

1. Purpose
    Through this filing, the Exchange would amend its Fee Schedule to 
modify the fees for the receipt of orders through the CHX Connect 
network.\5\ Under the current Fee Schedule, the Exchange charges a 
$10,000 base fee per month to any participant firm that receives orders 
through the CHX Connect network and charges an additional fee of $.0004 
per share for executions that are processed by the network.\6\ The 
Exchange also applies a credit of $.0004 for each provide share 
executed in the Exchange's Matching System.\7\ Through this filing, the 
Exchange proposes to decrease the monthly base fee to $5,000 per month 
and apply an increased credit of $.0008 for each provide share executed 
in the

[[Page 9379]]

Matching System.\8\ This proposed fee change is designed to take effect 
on February 1, 2008.
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    \5\ The Exchange's CHX Connect system is a communications 
service that allows its participants to route orders to any 
destination connected to the CHX's network, including (1) the CHX 
Matching System; (2) CHX institutional brokers; (3) market makers or 
other broker-dealers connected to the CHX's network, which provide 
order handling and execution services in the over-the-counter 
market; and (4) other destinations (including order-routing vendors) 
that are connected to the CHX's network. See Securities Exchange Act 
Release No. 54846 (November 30, 2006), 71 FR 71003 (December 7, 
2006) (SR-CHX-2006-34). Fees are charged under the Fee Schedule to 
participants that receive orders through this service.
    \6\ The base fee is prorated in the first month of use, based on 
the date that a participant firm begins using the service.
    \7\ No credits are carried over from month to month and these 
credits cannot be used to reduce the base fee below $5,000 per 
month.
    \8\ These credits may not be used to reduce the overall fee 
below $5,000 per month.
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    These changes are designed to create incentives for Exchange 
participants to use the CHX Connect network and for users of the CHX 
Connect network to send orders to the Exchange's Matching System. The 
Exchange believes that these fee changes equitably allocate fees among 
CHX participants (including those participants using the CHX Connect 
network) while helping to offset the costs of providing the network.\9\
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    \9\ The CHX had increased the monthly fee to $10,000 per month, 
effective December 1, 2007. Although the Exchange had notified 
affected participants of the proposed change, at least one of those 
participants voiced concerns about the fee increase soon after it 
took effect. The Exchange has determined that it is appropriate to 
continue to offer the CHX Connect services, with a reduced monthly 
fee and an additional incentive to place orders in the Exchange's 
Matching System for execution.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)(4) of the 
Act \10\ in that it provides for the equitable allocation of reasonable 
dues, fees and other charges among its members.
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    \10\ 15 U.S.C. 78f(b)(4).
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B. Self Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule changes will 
impose any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing proposed rule change is filed pursuant to Section 
19(b)(3)(A)(ii) of the Act \11\ and subparagraph (f)(2) of Rule 19b-4 
thereunder \12\ because it establishes or changes a due, fee, or other 
charge applicable only to a member imposed by a self-regulatory 
organization. Accordingly, the proposal is effective upon Commission 
receipt of the filing. At any time within 60 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.\13\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
    \13\ For purposes of calculating the 60-day period within which 
the Commission may summarily abrogate the proposed rule change under 
Section 19(b)(3)(C) of the Act, the Commission considers the period 
to commence on February 11, 2008, the date on which CHX filed 
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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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 [email protected]. Please include 
File Number SR-CHX-2008-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CHX-2008-01. 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 CHX. 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-CHX-2008-01 and should be 
submitted on or before March 12, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-3039 Filed 2-19-08; 8:45 am]
BILLING CODE 8011-01-P