[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36619-36620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14419]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69747; File No. SR-CBOE-2013-059]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule
June 12, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 31, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') 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 prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at 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, the Exchange 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. The Exchange 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
The Exchange proposes to amend its Fees Schedule. Currently, the
Exchange assesses an SPX Arbitrage Phone Positions fee of $550 per
month for each clerk who is placed by a Market-Maker on the perimeter
of the SPX trading crowd and provides futures trading information to
the Market-Maker in the crowd and takes futures orders from the Market-
Maker in order to hedge the Market-Maker's SPX options positions (for
the purposes of this proposed rule change, such activity (regardless of
the relevant options class) shall be referred to as ``Arbitrage'').
However, Market-Makers can have a clerk placed on the perimeter of
other trading crowds engaging in Arbitrage. The Exchange desires to
assess this Arbitrage Phone Positions fee regardless of the trading
crowd, and cease the Fees Schedule's limitation of it to the SPX
trading crowd. As such, the Exchange proposes deleting ``SPX'' and
merely stating that the Arbitrage Phone Positions fee will be $550 per
month (thereby applying such fee to all trading crowds).
TickerXpress (``TX'') is an optional Exchange service that supplies
market data to Exchange Market-Makers trading on the Hybrid Trading
System. Currently, the Exchange assesses two TickerXpress (TX)
User Fees. The $350-per-month Enhanced TX User Fee is assessed to CBOE
Market-Makers desiring access to enhanced TX market data. The $100-per-
month TX Software Fee is assessed to TX users for the software used for
the use and display of market data. However, due to decreased demand,
the Exchange has determined that it is no longer economically viable to
provide access to TickerXpress, and therefore, effective June 1, 2013,
will cease doing so (Market-Makers will still have other methods
available to access market data). As such, the Exchange proposes to
remove the TX User Fees from the Fees Schedule.
The proposed changes are to take effect June 1, 2013.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of
[[Page 36620]]
Section 6(b) of the Act.\3\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,\4\
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities. The Exchange believes
it is reasonable to assess the Arbitrage Phone Positions fee of $550
for all clerks engaged in Arbitrage because the amount is the same as
is being assessed to SPX Market-Makers who are engaged in that
activity. The Exchange believes this proposed change is equitable and
not unfairly discriminatory because it will put the placement of all
clerks for Arbitrage on equal fee footing with those who engage in
Arbitrage for SPX.
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\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(4).
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The Exchange believes the proposed rule change to delete from the
Fees Schedule the TX fees is consistent with the Section 6(b)(5) \5\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitation transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Deleting from the Fees
Schedule fees for a service that is no longer offered by the Exchange
will prevent any possible confusion that perhaps the service is still
available (and the fees still applicable), and preventing confusion
removes impediments to and perfects the mechanism of a free and open
market and a national market system, and, in general, protects
investors and the public interest.
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\5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE 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. CBOE does not believe that the
proposed rule change to apply the Arbitrage Phone Positions fee to all
trading crowds (as opposed to just SPX) will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because it will put the
placement of all clerks for Arbitrage on equal fee footing with those
who engage in such activity for SPX. CBOE does not believe that the
proposed rule change to delete the TX fees from the Fees Schedule will
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because this
deletion applies to all CBOE market participants. CBOE does not believe
that the proposed rule change will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the proposed changes only apply to CBOE and
do not impact trading on other exchanges.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received 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 paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f).
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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 email to [email protected]. Please include
File Number SR-CBOE-2013-059 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2013-059. This file
number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
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-CBOE-2013-059,
and should be submitted on or before July 9, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14419 Filed 6-17-13; 8:45 am]
BILLING CODE 8011-01-P