[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70607-70610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28274]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70907; File No. SR-CBOE-2013-111]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Amend the CBSX Fees Schedule
November 20, 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 November 14, 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 of its CBOE Stock
[[Page 70608]]
Exchange (``CBSX''). 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
CBSX proposes to make a number of amendments to Section 1 of its
Fees Schedule, which states: The following fees from the CBOE Fee
Schedule apply to CBSX Users: Sales Value Fee, Facility Fees (except
section A of the Facility Fees), Trading Permit Fees, and Trading
Permit Holder Application Fees. First, CBSX proposes [sic] remove
``Trading Permit Fees'' from the above statement. The only CBOE Trading
Permit Fee that is applicable to CBSX is the CBSX Trading Permit Fee,
which is $0.\3\ Since this is a CBSX-specific fee, the Exchange
proposes to add to the CBSX Fees Schedule Section 9, Permit Fees, with
the statement CBSX will assess no permit fees. The Exchange also
proposes to amend the reference in Section 1 of the CBSX Fees Schedule
to the ``CBOE Fee Schedule'' to add the letter ``s'' at the end of the
word ``Fee'', as that is the correct naming of the CBOE Fees Schedule.
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\3\ The actual fee listing corresponding to the CBSX Trading
Permit on the CBOE Fees Schedule says ``No Access Fee''. See CBOE
Fees Schedule, ``Trading Permit and Tier Appointment Fees'' table.
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Second, CBSX proposes to clarify that only those fees that are
applicable to CBSX Users apply to CBSX Users by adding the
parenthetical ``(as applicable)'' to the end of the statement ``The
following fees from the CBOE Fee Schedule apply to CBSX Users''. For
example, one of the Facility Fees listed on the CBOE Fees Schedule is
the $120 Floor Manager badge fee. However, since CBSX is an all-
electronic exchange that does not have a trading floor, CBSX Users
could not have a Floor Manager, and therefore the Floor Manager badge
fee would not be applicable to CBSX.
Third, CBSX proposes to delete from Section 1 the parenthetical
that excepts from applicability to CBSX Users section A of the CBOE
Facility Fees. For one, the CBOE Fees Schedule has been re-organized
since Section 1 of the CBSX Fees Schedule was adopted, and there is no
longer a ``section A'' of the CBOE Facility Fees. Further, the fees
listed in the old Section A of the CBOE Facility Fees were the CBOE
Booth Fees, which apply to CBOE Trading Permit Holders that have booths
on the CBOE trading floor. Since CBSX is an all-electronic exchange
that does not have a trading floor, CBSX Users would not have booths,
and so this fee would not be applicable to CBSX Users (and therefore
the inapplicability of the Booth Fees to CBSX Users would be covered by
the aforementioned proposed addition of the parenthetical ``(as
applicable)'').
The Exchange also proposes to make the proposed new Section 9,
Permit Fees, also include CBSX-specific application-related fees, and
adopt a one-time ``Responsible Person'' fee of $500. A ``Responsible
Person'' is an individual designated by an organization that is the
holder of a Trading Permit to represent the organization with respect
to that Trading Permit in all matters relating to CBSX. The Responsible
Person must be a United States-based officer, director or management-
level employee of the Permit Holder, who is responsible for the direct
supervision and control of Associated Persons of that Permit Holder.
Each organization that is the holder of a Trading Permit must designate
an individual as the Responsible Person for the Permit Holder. The
Responsible Person must be affiliated with the Permit Holder.\4\ The
Exchange conducts an investigation and review of each person who the
holder of a Trading Permit has identified as the holder's Responsible
Person. This investigation and review may include a fingerprint
criminal background check and the individual's consent to the
Exchange's jurisdiction over the individual. CBSX proposes to assess
this fee in order to cover the costs of this investigation and review.
This fee will not be assessed for a Responsible Person who is also an
Associated Person with the same Trading Permit Holder, as the same
investigation and review is conducted for each Associated Person as is
conducted for each Responsible Person. Since the investigation and
review will not be conducted twice for a Responsible Person who is also
an Associated Person, CBSX does not propose to assess both fees in such
a circumstance. Other exchanges [sic] assess a Responsible Person
fee.\5\
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\4\ See CBOE Rule 53.9 and Securities Exchange Act Release No.
70766 (October 28, 2013), 78 FR 65741 (November 1, 2013) (SR-CBOE-
2013-101).
\5\ See C2 Options Exchange, Incorporated (``C2'') Fees
Schedule, Section 7K.
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Finally, CBSX proposes to add the language ``after three months,
all fees as assessed by CBSX are considered final by CBSX'' to the end
of the CBSX Fees Schedule. This will serve to encourage CBSX Users to
promptly review their Exchange invoices so that any disputed charges
can be addressed in a timely manner while the information and data
underlying those charges is still easily and readily available. Other
exchanges include this language in their Fees Schedules.\6\
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\6\ See CBOE Fees Schedule, Footnote 7, and the end of the C2
Fees Schedule.
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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 Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange also believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,\10\
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its
[[Page 70609]]
Trading Permit Holders and other persons using its facilities.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ Id.
\10\ 15 U.S.C. 78f(b)(4).
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The Exchange believes that the proposal to remove ``Trading Permit
Fees'' from the list of CBOE fees that are applicable to CBSX and
instead add to the CBSX Fees Schedule Section 9, Permit Fees, with the
statement CBSX will assess no permit fees will eliminate possible
confusion by not forcing CBSX Users to look at the CBOE Fees Schedule
to determine permit fees and wonder which permit fees apply to CBSX.
Instead, there will be a clear listing on the CBSX Fees Schedule of the
fact that there are no permit fees on CBSX. The Exchange also believes
that the proposal to add the letter ``s'' to the end of the word
``Fee'' in Section 1 of the CBSX Fees Schedule will alleviate any
potential confusion as it will now accurately refer to the CBOE Fees
Schedule. This elimination of possible confusion will serve to remove
impediments to and perfect the mechanism of a free and open market and
a national market system.
Similarly, the Exchange believes that adding the parenthetical
``(as applicable)'' to the end of the statement ``The following fees
from the CBOE Fee Schedule apply to CBSX Users'' will help eliminate
confusion by simply making clear that only those fees on the CBOE Fees
Schedule that are applicable to CBSX will apply to CBSX Users. This
will serve to eliminate possible confusion, which in turn will remove
impediments to and perfect the mechanism of a free and open market and
a national market system.
The Exchange also believes that its proposal to delete from Section
1 the parenthetical that excepts from applicability to CBSX Users
section A of the CBOE Facility Fees will eliminate possible confusion
because there is no longer a ``section A'' of the CBOE Facility Fees.
Further, the fees listed in the old Section A of the CBOE Facility Fees
were the CBOE Booth Fees, which apply to CBOE Trading Permit Holders
that have booths on the CBOE trading floor. Since CBSX is an all-
electronic exchange that does not have a trading floor, CBSX Users
would not have booths, and so this fee would not be applicable to CBSX
Users (and therefore the inapplicability of the Booth Fees to CBSX
Users would be covered by the aforementioned proposed addition of the
parenthetical ``(as applicable)''). Deleting this obsolete reference
will serve to eliminate possible confusion, which in turn will remove
impediments to and perfect the mechanism of a free and open market and
a national market system.
The Exchange believes that the proposed addition of the language
``after three months, all fees as assessed by the Exchange are
considered final by the Exchange'' to the end of the CBSX Fees Schedule
is reasonable because this will serve to encourage CBSX Users to
promptly review their invoices so that any disputed charges can be
addressed in a timely manner while the information and data underlying
those charges is still easily and readily available. The Exchange
believes that this is equitable and not unfairly discriminatory because
it will apply to all market participants. Further, other exchanges
include this language in their Fees Schedules.\11\
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\11\ See CBOE Fees Schedule, Footnote 7, and the end of the C2
Fees Schedule.
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The Exchange believes the addition of the Responsible Person fee is
reasonable because the amount of the fee is intended to cover the costs
of the review and examination of Responsible Persons. The Exchange
believes that this is equitable and not unfairly discriminatory because
the fee will apply to all Responsible Person applicants (with the
exception of those that are also Associated Person applicants.) [sic]
The Exchange believes that it is equitable and not unfairly
discriminatory to exempt Associated Person applicants with the same
Permit Holder from the Responsible Person fee because the same
investigation and review is conducted for each Associated Person as is
conducted for each Responsible Person. Since the investigation and
review will not be conducted twice for a Responsible Person who is also
an Associated Person, the Exchange does not believe it would be
equitable to assess both fees in such a circumstance. Finally, other
exchanges [sic] assess a Responsible Person fee.\12\
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\12\ See C2 Fees Schedule, Section 7K.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange 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. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes
apply to all qualifying CBSX market participants equally. The Exchange
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 are
all specific to CBSX operations and fees, and are not transaction fee
changes or competitive fee changes. To the extent that such changes may
make CBSX a more attractive market to market participants at other
exchanges, such market participants may elect to become CBSX market
participants.
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 \13\ and paragraph (f) of Rule 19b-4 \14\
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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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 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-2013-111 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-2013-111. This
file
[[Page 70610]]
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 the filing also will be available
for inspection and copying at the principal office 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-2013-111 and should be
submitted on or before December 17, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28274 Filed 11-25-13; 8:45 am]
BILLING CODE 8011-01-P