Federal Register / Vol. 71, No.
44 / Tuesday, March 7, 2006 / Notices
approved collection of information
discussed below.
Form TH under the Securities Act of
1933, the Securities Exchange Act of
1934, the Trust Indenture Act of 1939
and the Investment Company Act of
1940 is used by registrants to notify the
Commission that an electronic filer is
relying on the temporary hardship
exemption for the filing of a document
in paper format that would otherwise be
required to be filed electronically as
prescribed by Rule 201(a) of Regulation
S–T. Form TH is a public document and
is filed on occasion. Form TH must be
filed every time an electronic filer
experiences unanticipated technical
difficulties preventing the timely
preparation and submission of a
required electronic filing.
Approximately 70 registrants file Form
TH and it takes an estimated .33 hours
per response for a total annual burden
of 23 hours.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Written comments regarding the
above information should be directed to
the following persons: (i) Desk Officer
for the Securities and Exchange
Commission, Office of Information and
Regulatory Affairs, Office of
Management and Budget, Room 10102,
New Executive Office Building,
Washington, DC 20503; or send an e-
mail to David_Rostker@omb.eop.gov;
and (ii) R. Corey Booth, Director/Chief
Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549. Comments
must be submitted to OMB within 30
days of this notice.
Dated: February 27, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6–3161 Filed 3–6–06; 8:45 am]
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[Release No. 34–53390; File No. SR–ISE–
2006–08]
Self-Regulatory Organizations;
International Securities Exchange, Inc.;
Order Granting Accelerated Approval
of a Proposed Rule Change
Establishing Fees for Historical
Options Tick Market Data for Non-
Members
February 28, 2006.
On February 1, 2006, the International
Securities Exchange, Inc. (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend its Schedule of Fees to establish
non-member fees for historical options
tick market data, described below. The
ISE requested the Commission grant
accelerated approval of the proposed
rule change. The Commission did not
immediately grant accelerated approval.
Instead, the proposed rule change was
published for comment in the Federal
Register on February 9, 2006 for a 15-
day comment period, which expired on
February 24, 2006.3 The Commission
received no comments on the proposal.
Historical options tick market data is
Options Price Reporting Authority
(‘‘OPRA’’) tick data, a complete file,
tick-by-tick, of all quote and transaction
data of all instruments disseminated by
OPRA during a trading day. OPRA tick
data includes data from all six options
exchanges. On any given trading day,
OPRA tick data is publicly available and
may be stored. The OPRA tick data
collected and stored by ISE is neither
exclusive nor proprietary to the
Exchange. The ISE captures the OPRA
tick data and will make it available as
an ‘‘end of day’’ file 4 or as a ‘‘historical’’
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 53211
(February 2, 2006), 71 FR 6801. The instant
proposed rule change proposes to establish a fee for
non-ISE members only. The Exchange also filed a
separate proposed rule change, SR–ISE–2006–07,
Securities Exchange Act Release No. 53212
(February 2, 2006), 71 FR 6803 (February 9, 2006),
that established fees for ISE members. The proposed
fees for both ISE members and non-ISE members are
the same.
4 An end of day file refers to OPRA tick data for
a trading day that is distributed prior to the opening
of the next trading day. An end of day file will be
made available to subscribers as soon as practicable
at the end of each trading day on an on-going basis
pursuant to an annual subscription or through an
ad-hoc request.
PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM
file 5 for ISE members and non-ISE
members alike.6
The Commission has reviewed
carefully the proposed rule change and
finds that it is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.7 In
particular, the Commission finds that
the proposed rule change is consistent
with the requirement of Section 6(b)(4) 8
that an exchange have an equitable
allocation of reasonable dues, fees and
other charges among its members and
other persons using its facilities.
The Commission finds good cause for
approving this proposed rule change
before the 30th day after publication of
notice in the Federal Register. On
February 1, 2006, the ISE amended its
rules to give its members the
opportunity to access historical options
tick market data.9 The ISE asked the
Commission to approve the instant
proposed rule change on an accelerated
basis so that the ISE could offer the
same service to non-members (at the
same price) as soon as possible. As
mentioned above, the Commission
received no comments on the ISE’s
proposed rule change. The Commission
believes that the proposed rule change
raises no new issues or novel regulatory
questions, and that non-members
should have the ability to partake of this
service without unnecessary delay.
Accordingly, the Commission finds
good cause pursuant to section 19(b)(2)
of the Act,10 for approving the proposed
rule change prior to the 30th day after
publication in the Federal Register.
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,11 that the
proposed rule change be, and hereby is
approved on an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–3162 Filed 3–6–06; 8:45 am]
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5 An end of day file that is distributed after the
start of the next trading day is called a historical
file. A historical file will be available to customers
for a pre-determined date range by ad-hoc requests
only.
6 See supra, at n.3.
7 15 U.S.C. 78f(b)(5).
8 15 U.S.C. 78f(b)(4).
9 See supra, at n.3.
10 15 U.S.C. 78s(b)(2).
11 Id.
12 17 CFR 200.30–3(a)(12).
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