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36530 Federal Register / Vol. 72, No.

127 / Tuesday, July 3, 2007 / Notices

SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s


COMMISSION COMMISSION Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Proposed Collection; Comment [Release No. 34–55961; File No. SR–ISE– Change
Request 2007–46] 1. Purpose
Upon written request, copies available The Exchange proposes to amend its
Self-Regulatory Organizations;
from: Securities and Exchange Schedule of Fees to establish fees for
International Securities Exchange,
Commission, Office of Filings and transactions in options on the following
LLC; Notice of Filing and Immediate
Information Services, Washington, DC two Premium Products: United States
Effectiveness of a Proposed Rule
20549. Natural Gas Fund (‘‘UNG’’) and United
Change Relating to Fee Changes
Extension: Regulation S; OMB Control No. States Oil Fund (‘‘USO’’).6 The
3235–0357; SEC File No. 270–315. June 26, 2007. Exchange represents that UNG and USO
Pursuant to Section 19(b)(1) of the are eligible for options trading because
Notice is hereby given that, pursuant they constitute ‘‘Fund Shares,’’ as
Securities Exchange Act of 1934
to the Paperwork Reduction Act of 1995 defined by ISE Rule 502(h).
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
(44 U.S.C. 3501 et seq.), the Securities All of the applicable fees covered by
notice is hereby given that on June 12,
and Exchange Commission this filing are identical to fees charged
2007, the International Securities
(‘‘Commission’’) is soliciting comments by the Exchange for all other Premium
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
on the collection of information Products. Specifically, the Exchange is
filed with the Securities and Exchange
summarized below. The Commission proposing to adopt an execution fee and
Commission (‘‘Commission’’) the
plans to submit this existing collection a comparison fee for all transactions in
proposed rule change as described in
of information to the Office of options on UNG and USO.7 The amount
Items I, II, and III below, which Items
Management and Budget for extension of the execution fee and comparison fee
have been substantially prepared by the
and approval. for products covered by this filing shall
Exchange. ISE has designated this
Regulation S (17 CFR 230.901 through be $0.15 and $0.03 per contract,
proposal as one establishing or changing
230.905) includes rules governing offers respectively, for all Public Customer
a due, fee, or other charge imposed by
and sales of securities made outside the Orders 8 and Firm Proprietary orders.
ISE under Section 19(b)(3)(A)(ii) of the
United States without registration under The amount of the execution fee and
Act 3 and Rule 19b–4(f)(2) thereunder,4
the Securities Act of 1933 (15 U.S.C. 77a comparison fee for all ISE Market Maker
which renders the proposal effective
et seq.). The purpose of Regulation S is transactions shall be equal to the
upon filing with the Commission. The
to provide clarification of the extent to execution fee and comparison fee
Commission is publishing this notice to
which Section 5 of the Securities Act currently charged by the Exchange for
solicit comments on the proposed rule
applies to sales and re-sales of securities ISE Market Maker transactions in equity
change from interested persons.
outside of the United States. Regulation options.9 Finally, the amount of the
S is assigned one burden hour for I. Self-Regulatory Organization’s execution fee and comparison fee for all
administrative convenience. Statement of the Terms of Substance of non-ISE Market Maker transactions shall
Written comments are invited on: (a) the Proposed Rule Change be $0.37 and $0.03 per contract,
Whether this collection of information The ISE is proposing to amend its respectively. Further, since options on
is necessary for the proper performance Schedule of Fees to establish fees for UNG and USO are multiply-listed, the
of the functions of the agency, including transactions in options on two Premium
whether the information will have Products.5 The text of the proposed rule 6 The United States Oil Fund, LP (‘‘USO’’) and the

practical utility; (b) the accuracy of the change is available at the Exchange, the
United States Natural Gas Fund (‘‘UNG’’) are
agency’s estimate of the burden imposed distributed by ALPS Distributors, Inc. (‘‘ALPS’’),
Commission’s Public Reference Room, administered by Brown Brothers Harriman & Co.
by the collection of information; (c) and http://www.iseoptions.com. (‘‘BBH’’) and Victoria Bay Asset Management
ways to enhance the quality, utility, and (‘‘VBAM’’) is the General Partner. ALPS, BBH and
clarity of the information collected; and II. Self-Regulatory Organization’s VBAM have not licensed or authorized ISE to (i)
(d) ways to minimize the burden of the Statement of the Purpose of, and engage in the creation, listing, provision of a market
for trading, marketing, and promotion of options on
collection of information on Statutory Basis for, the Proposed Rule USO and UNG or (ii) to use and refer to any of their
respondents, including through the use Change trademarks or service marks in connection with the
of automated collection techniques or In its filing with the Commission, the listing, provision of a market for trading, marketing,
other forms of information technology. and promotion of options on USO and UNG or with
Exchange included statements making disclosures concerning options on USO and
Consideration will be given to concerning the purpose of and basis for UNG under any applicable federal or state laws,
comments and suggestions submitted in the proposed rule change, and discussed rules or regulations. ALPS, BBH and VBAM do not
writing within 60 days of this any comments it received on the sponsor, endorse, or promote such activity by ISE,
publication. and are not affiliated in any manner with ISE.
proposed rule change. The text of these 7 These fees will be charged to Exchange
Please direct your written comments statements may be examined at the members. Under a pilot program that is set to expire
to R. Corey Booth, Director/Chief places specified in Item IV below. ISE on July 31, 2007, these fees will also be charged to
Information Officer, Securities and has substantially prepared summaries, Linkage Orders (as defined in ISE Rule 1900). See
Exchange Commission, c/o Shirley Securities Exchange Act Release No. 54204 (July 25,
set forth in Sections A, B, and C below, 2006), 71 FR 43548 (August 1, 2006) (SR–ISE–2006–
Martinson, 6432 General Green Way, of the most significant aspects of such 38).
Alexandria, VA 22312; or send an e- statements. 8 ‘‘Public Customer Order’’ is defined in ISE Rule

mail to: PRA_Mailbox@sec.gov. 100(a)(39) as an order for the account of a Public


Customer. ‘‘Public Customer’’ is defined in ISE Rule
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Dated: June 25, 2007. 1 15


U.S.C. 78s(b)(1). 100(a)(38) as a person that is not a broker or dealer
2 17
CFR 240.19b–4.
Florence E. Harmon, in securities.
3 15 U.S.C. 78s(b)(3)(A)(ii). 9 The execution fee is currently between $.21 and
Deputy Secretary. 4 17 CFR 240.19b–4(f)(2).
$.12 per contract side, depending on the Exchange
[FR Doc. E7–12784 Filed 7–2–07; 8:45 am] 5 ‘‘Premium Products’’ is defined in the Schedule Average Daily Volume, and the comparison fee is
BILLING CODE 8010–01–P of Fees as the products enumerated therein. currently $.03 per contract side.

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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices 36531

Payment for Order Flow fee shall also Electronic Comments SECURITIES AND EXCHANGE
apply. The Exchange believes the COMMISSION
proposed rule change will further the • Use the Commission’s Internet
Exchange’s goal of introducing new comment form (http://www.sec.gov/
[Release No. 34–55960; File No. SR–ISE–
products to the marketplace that are rules/sro.shtml); or 2007–42]
competitively priced. • Send an e-mail to rule-
2. Statutory Basis comments@sec.gov. Please include File Self-Regulatory Organizations;
Number SR–ISE–2007–46 on the subject International Securities Exchange,
The Exchange believes that the LLC; Notice of Filing and Immediate
line.
proposed rule change is consistent with Effectiveness of a Proposed Rule
Section 6(b) of the Act 10 in general, and Paper Comments Change Relating to PrecISE Fees
Section 6(b)(4) of the Act 11 in
particular, because it is designed to • Send paper comments in triplicate June 26, 2007.
provide for the equitable allocation of to Nancy M. Morris, Secretary,
Pursuant to section 19(b)(1) of the
reasonable dues, fees, and other charges Securities and Exchange Commission, Securities Exchange Act of 1934 (the
among its members and other persons 100 F Street, NE., Washington, DC ‘‘Act’’),1 and Rule 19b–4 thereunder,2
using its facilities. 20549–1090. notice is hereby given that on June 1,
B. Self-Regulatory Organization’s All submissions should refer to File 2007, the International Securities
Statement on Burden on Competition Number SR–ISE–2007–46. This file Exchange, LLC (the ‘‘Exchange’’ or the
The proposed rule change does not number should be included on the ‘‘ISE’’) filed with the Securities and
impose any burden on competition that subject line if e-mail is used. To help the Exchange Commission (‘‘Commission’’)
is not necessary or appropriate in Commission process and review your the proposed rule change as described
furtherance of the purposes of the Act. comments more efficiently, please use in Items I, II, and III below, which Items

C. Self-Regulatory Organization’s only one method. The Commission will have been substantially prepared by the
Exchange. ISE has designated this
Statement on Comments on the post all comments on the Commission’s
proposal as one establishing or changing
Proposed Rule Change Received From Internet Web site (http://www.sec.gov/
a due, fee, or other charge imposed by
Members, Participants, or Others rules/sro.shtml). Copies of the ISE under section 19(b)(3)(A)(ii) of the
submission, all subsequent Act 3 and Rule 19b–4(f)(2) thereunder,4
The Exchange has not solicited, and
amendments, all written statements which renders the proposal effective
does not intend to solicit, comments on
with respect to the proposed rule upon filing with the Commission. The
this proposed rule change. The
Exchange has not received any change that are filed with the Commission is publishing this notice to
unsolicited written comments from Commission, and all written solicit comments on the proposed rule
members or other interested parties. communications relating to the change from interested persons.
proposed rule change between the
III. Date of Effectiveness of the Commission and any person, other than I. Self-Regulatory Organization’s
Proposed Rule Change and Timing for those that may be withheld from the Statement of the Terms of Substance of
Commission Action the Proposed Rule Change
public in accordance with the
The foregoing proposed rule change provisions of 5 U.S.C. 552, will be The ISE is proposing to amend the
has been designated as a fee change available for inspection and copying in fees for its PrecISE Trade order entry
pursuant to Section 19(b)(3)(A)(ii) of the the Commission’s Public Reference terminals and also to delete obsolete
Act 12 and Rule 19b–4(f)(2) 13 Room, 100 F Street, NE., Washington, references to CLICK fees in its Schedule
thereunder, because it establishes or DC 20549, on official business days of Fees. The text of the proposed rule
changes a due, fee, or other charge between the hours of 10 a.m. and 3 p.m. change is available at the Exchange, the
imposed by the Exchange. Accordingly, Copies of such filing also will be Commission’s Public Reference Room,
the proposal took effect upon filing with available for inspection and copying at and http://www.iseoptions.com.
the Commission. At any time within 60
the principal office of the Exchange. All II. Self-Regulatory Organization’s
days of the filing of such proposed rule
change the Commission may summarily comments received will be posted Statement of the Purpose of, and
abrogate such rule change if it appears without change; the Commission does Statutory Basis for, the Proposed Rule
to the Commission that such action is not edit personal identifying Change
necessary or appropriate in the public information from submissions. You
interest, for the protection of investors, should submit only information that In its filing with the Commission, the
or otherwise in furtherance of the you wish to make available publicly. All Exchange included statements
purposes of the Act. submissions should refer to File concerning the purpose of, and basis for,
Number SR–ISE–2007–46 and should be the proposed rule change and discussed
IV. Solicitation of Comments any comments it received on the
submitted on or before July 24, 2007.
Interested persons are invited to proposed rule change. The text of these
For the Commission, by the Division of statements may be examined at the
submit written data, views, and
Market Regulation, pursuant to delegated places specified in Item IV below. The
arguments concerning the foregoing,
authority.14
Exchange has prepared summaries, set
including whether the proposed rule
change is consistent with the Act. Florence E. Harmon, forth in sections A, B, and C below, of
Comments may be submitted by any of Deputy Secretary. the most significant aspects of such
the following methods: [FR Doc. E7–12777 Filed 7–2–07; 8:45 am] statements.
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BILLING CODE 8010–01–P


10 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1).
11 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4.
12 15 U.S.C. 78s(b)(3)(A)(ii). 3 15 U.S.C. 78s(b)(3)(A)(ii).
13 17 CFR 240.19b–4(f)(2). 14 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(2).

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