[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)] [Notices] [Pages 52602-52603] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-26576] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-39179; File No. SR-CBOE-97-47] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Chicago Board Options Exchange, Incorporated Relating to Option Trading Permit Bid Fee October 1, 1997. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\, notice is hereby given that on September 18, 1997, the Chicago Board Options Exchange, Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. Sec. 78s(b)(1). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CBOE is proposing to amend the manner in which it assesses the Exchange fee that is charged when a person submits a bid to receive an Option Trading Permit (``OTP'') from the OTP lease pool. The text of the proposed rule change is available at the Office of the Secretary, CBOE and at the Commission. 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 CBOE 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 CBOE 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 CBOE Rule 3.27(a)(3) provides for the creation of an OTP lease pool to be administered by the Exchange. The procedures for the administration of this lease pool were previously filed with and approved by the Commission.\2\ Under these procedures, the Exchange conducts an auction every six months during which members and non- members who have qualified for membership may submit bids equal to the monthly rent that the bidder is willing to pay for a month-to-month OTP lease. Upon the close of the bidding period, OTPs in the pool are awarded to the highest bidders in a number equal to the total number of OTPs in the lease pool at that time. The monthly rent to be paid by a lessee is the dollar value of the bid submitted by that lessee. Following each auction, the Exchange continues to accept bids for OTP leases. Should any OTP lessee desire to give up that lessee's OTP prior to the next auction, the OTP is transferred to the highest bidder at a monthly lease price equal to the new lessee's bid for the remainder of the six month auction cycle. --------------------------------------------------------------------------- \2\ The procedures for the administration of the OTP lease pool were filed with the Commission in SR-CBOE-97-14. SR-CBOE-97-14 provided for the issuance of OTPs in connection with the transfer of the options business of the New York Stock Exchange, Inc. to CBOE and defined the rights and obligations associated with OTPs. SR- CBOE-97-14 was approved by the Commission in Securities Exchange Act Release No. 38541 (April 23, 1997), 62 FR 23516 (April 30, 1997). --------------------------------------------------------------------------- The procedures for the administration of the OTP lease pool also provide that a non-refundable $500 fee will be assessed by the Exchange any time an OTP bid is submitted. This fee is intended to cover Exchange costs in connection with its administration of the OTP lease pool. The Exchange proposes to amend the manner in which it assesses the $500 OTP bid fee. Specifically, the Exchange proposes not to charge the fee to any current OTP lease pool lessee who submits a bid in connection with one of the Exchange's bi-annual OTP lease pool auctions. The $500 OTP bid fee would continue to be assessed to anyone who submits a bid in connection with one of the Exchange's bi-annual OTP lease pool auctions and is not currently an OTP lease pool lessee. In addition, the $500 OTP bid fee would continue to be assessed to anyone who is not currently an OTP lease pool lessee and submits an OTP bid during a six month OTP lease cycle and not in connection with one of the Exchange's bi-annual OTP lease pool auctions. The Exchange has determined that it is not necessary to assess a $500 OTP bid fee to a current OTP lease pool lessee in connection with a bi-annual OPT lease auction because that person will have already paid a $500 OTP bid fee to the Exchange.\3\ --------------------------------------------------------------------------- \3\ It should be noted that a current OTP lease pool lessee may not submit an OTP bid during the six month OTP lease cycle (except for a bid that is in connection with the next bi-annual OTP lease pool auction). This is the case because in order for a person to submit an OTP bid, that person must be immediately eligible to become an OTP lease pool lessee. A current OTP lease pool lessee is not immediately eligible to become an OTP lease pool lessee for another OTP because that person is already leasing an OTP from the lease pool, and a person can only lease one OTP from the lease pool at a time. --------------------------------------------------------------------------- The Exchange also proposes to amend the procedures for the administration of the OTP lease pool to clarify that the $500 OTP bid fee is not assessed when a bid is canceled or replaced with another bid. The Exchange is not waiving the $500 OTP bid fee for an OTP lease pool lessee who terminates his or her OTP lease and later submits another bid for an OTP in the lease pool because there is administrative work involved in processing a change in OTP lessees. The proposed rule change is consistent with Section 6(b) of the Act, in general, and furthers the objectives of Section 6(b)(4) of the Act in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges. 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. [[Page 52603]] C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change establishes or changes a due, fee, or other charge imposed by the Exchange and therefore, has become effective pursuant to Section 19(b)(3)(A)(ii) \4\ of the Act and Rule 19b-4(e)(2) \5\ thereunder. At any time within 60 days of the filing of a rule change, the Commission may summarily abrogate the 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. --------------------------------------------------------------------------- \4\ 15 U.S.C. Sec. 78s(b)(3)(A)(ii). \5\ 17 CFR 240.19b-4(e)(2). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, DC 20549. 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. Sec. 552, will be available for inspection and copying at the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the CBOE. All submissions should refer to File No. SR-CBOE-97-47 and should be submitted by October 29, 1997. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\6\ --------------------------------------------------------------------------- \6\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-26576 Filed 10-7-97; 8:45 am] BILLING CODE 8010-01-M