80 FR 38489 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend the Fees Schedule
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 128 (July 6, 2015)
Federal Register Volume 80, Issue 128 (July 6, 2015)
| Page Range | 38489-38491 | |
| FR Document | 2015-16411 |
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)] [Notices] [Pages 38489-38491] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16411] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75321; File No. SR-CBOE-2015-059] 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 29, 2015. 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 June 15, 2015, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its 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 [[Page 38490]] 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. Specifically, the Exchange proposes to amend fees for Qualified Contingent Cross (``QCC'') transactions. A QCC order is comprised of an order to buy or sell at least 1,000 contracts (or 10,000 mini-option contracts) that is identified as being part of a qualified contingent trade, coupled with a contra side order to buy or sell an equal number of contracts. Currently, the Exchange assesses no fee for Customer (``C'' origin) QCC transactions and $0.20 per contract side for Clearing Trading Permit Holder Proprietary (``F'' or ``L'' origin code) QCC transactions, as well as Broker-Dealer, Non-Trading Permit Holder Market Maker, Professional/Voluntary Professional and Joint Back-Office QCC transactions. Additionally, Market-Maker QCC transactions are subject to the Liquidity Provider Sliding Scale. In lieu of the current QCC transaction fees stated above, the Exchange proposes to establish a transaction fee for all non-customer QCC orders of $0.15 per contract side (customer orders will continue to not be assessed a charge). In addition, the Exchange proposes to adopt a $0.10 per contract credit for the initiating order side, regardless of origin code. The Exchange proposes to explicitly provide in the Fees Schedule that a QCC transaction is comprised of an `initiating order' to buy (sell) at least 1,000 contracts, coupled with a contra-side order to sell (buy) an equal number of contracts and that for complex QCC transactions, the 1,000 contracts minimum is applied per leg. The `initiating order' is considered to be the agency side of a QCC order. The Exchange notes that with regard to order entry, the first order submitted into the system is marked as the initiating/agency side and the second order is marked as the contra side. The credit will be paid to the Trading Permit Holder that enters the order into the system. The purpose of these changes is to incentivize the sending of QCC orders to the Exchange. The Exchange notes that another Exchange similarly provides rebates on QCC initiating orders.\3\ The Exchange also notes that no changes to transaction fees for QCC mini-option orders are being proposed at this time. --------------------------------------------------------------------------- \3\ See International Securities Exchange, LLC (``ISE'') Schedule of Fees, Section IV(A), QCC and Solicitation Rebate, which provides for rebates between $0.05 per QCC contract and $0.11 per QCC contract for each originating contract side based upon meeting certain volume thresholds. --------------------------------------------------------------------------- Finally, the Exchange proposes to eliminate references to QCC fees in the Equity, ETF and ETN options rate tables, and instead establish a QCC-specific rate table. No substantive changes, other than those mentioned above, are being made by the reorganization and relocation of QCC-related transaction fees. Rather, the Exchange believes the proposed change will make the Fees Schedule easier to read and alleviate potential confusion. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ``Act'') and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.\4\ Specifically, the Exchange believes the proposed rule change 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. Additionally, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act,\6\ 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. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78f(b). \5\ 15 U.S.C. 78f(b)(5). \6\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- In particular, the Exchange believes the proposed transaction fee for QCC orders is reasonable because the proposed amount is in line with the amount assessed at other Exchanges for similar transactions.\7\ Additionally, the proposed fee would be charged to all non-customers alike. Assessing QCC rates to all market participants except customers is equitable and not unfairly discriminatory because Customer order flow enhances liquidity on the Exchange for the benefit of all market participants. Specifically, Customer liquidity benefits all market participants by providing more trading opportunities, which attracts Market-Makers. An increase in the activity of these market participants in turn facilitates tighter spreads, which may cause an additional corresponding increase in order flow from other market participants. By exempting customer orders, the QCC transaction fees will not discourage the sending of customer orders. --------------------------------------------------------------------------- \7\ See e.g., NYSE Arca, Inc. (``Arca'') Options Fees Schedule, Qualified Contingent Cross Transaction Fees and NASDAQ OMX PHLX LLC (``PHLX'') Pricing Schedule, Section II, Multiply Listed Options Fees. --------------------------------------------------------------------------- The Exchange believes the $0.10 per contract credit for the initiating order side of a QCC transaction is reasonable because another Exchange also provides a rebate on the initiating order side.\8\ Additionally, the proposed credit amount is within the range of the rebate amounts at the other Exchange.\9\ The Exchange believes the proposed credit is equitable and not unfairly discriminatory because it applies to all Trading Permit Holders that enter the initiating order, regardless of origin code and because it is intended to incentivize the sending of more QCC orders to the Exchange. Clarifying in the Fees Schedule that (i) a QCC transaction is comprised of an `initiating order' to buy (sell) at least 1,000 contracts, coupled with a contra-side order to sell (buy) an equal number of contracts, (ii) for complex QCC transactions, the 1,000 contracts minimum is applied per leg and (iii) the `initiating order' is considered to be the agency side of a QCC order informs market participants and alleviates potential confusion. Clarifying that the credit will be paid to the Trading Permit Holder that enters the order into the system also alleviates confusion. The alleviation of potential confusion thereby removes impediments to and perfects the mechanism of a free and open market and a national market system, and, in general, protecting investors and the public interest. --------------------------------------------------------------------------- \8\ See ISE Schedule of Fees, Section IV(A), QCC and Solicitation Rebate. \9\ Id. --------------------------------------------------------------------------- Finally, the Exchange believes reorganizing and relocating QCC related transaction fees (and credits) makes the Fees Schedule easier to read and alleviates potential confusion, thereby removing impediments to and perfecting the mechanism of a free and open market and a national market system, and, in general, protecting investors and the public interest. [[Page 38491]] 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, because the proposes rule change applies to all Trading Permit Holders. The Exchange believes this proposal will not cause an unnecessary burden on intermarket competition because the proposed changes will actually enhance the competiveness of the Exchange relative to other exchanges which offer comparable fees and rebates for QCC transactions.\10\ To the extent that the proposed changes make CBOE a more attractive marketplace for market participants at other exchanges, such market participants are welcome to become CBOE market participants. --------------------------------------------------------------------------- \10\ See e.g. , ISE Schedule of Fees, Section IV(A), QCC and Solicitation Rebate and PHLX Pricing Schedule, Section II, Multiply Listed Options Fees. --------------------------------------------------------------------------- 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 \11\ and paragraph (f) of Rule 19b-4 \12\ 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. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- 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 CommentsUse 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-2015-059 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2015-059. 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 will also 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-2015-059 and should be submitted on or before July 27, 2015. --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ Robert W. Errett, Deputy Secretary. [FR Doc. 2015-16411 Filed 7-2-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38489
day time period. In order to provide the ADDRESSES: The Commission: Brent J. For the Commission, by the Division of
Commission with sufficient time to Fields, Secretary, U.S. Securities and Investment Management, pursuant to
consider the proposed rule change, the Exchange Commission, 100 F Street NE., delegated authority.
Commission finds it is appropriate to Washington, DC 20549–1090. Robert W. Errett,
designate a longer period within which Deputy Secretary.
FOR FURTHER INFORMATION CONTACT:
to take action on the proposed rule [FR Doc. 2015–16409 Filed 7–2–15; 8:45 am]
Diane L. Titus at (202) 551–6810, SEC,
change. BILLING CODE 8011–01–P
Accordingly, the Commission, Division of Investment Management,
pursuant to Section 19(b)(2) of the Act,5 Chief Counsel’s Office, 100 F Street NE.,
designates August 13, 2015, as the date Washington, DC 20549–8010.
SECURITIES AND EXCHANGE
by which the Commission should either First Trust Floating Rate High Income COMMISSION
approve or disapprove, or institute Fund [File No. 811–22510]
proceedings to determine whether to [Release No. 34–75321; File No. SR–CBOE–
disapprove, the proposed rule change Summary: Applicant, a closed-end 2015–059]
(File No. SR–ICEEU–2015–009). investment company, seeks an order
declaring that it has ceased to be an Self-Regulatory Organizations;
For the Commission, by the Division of
Trading and Markets, pursuant to delegated investment company. Applicant has Chicago Board Options Exchange,
authority.6 never made a public offering of its Incorporated; Notice of Filing and
Robert W. Errett, securities and does not propose to make Immediate Effectiveness of a Proposed
Deputy Secretary.
a public offering or engage in business Rule Change to Amend the Fees
of any kind. Schedule
[FR Doc. 2015–16410 Filed 7–2–15; 8:45 am]
Filing Date: The application was filed
BILLING CODE 8011–01–P June 29, 2015.
on June 17, 2015.
Pursuant to Section 19(b)(1) of the
Applicant’s Address: 120 East Liberty Securities Exchange Act of 1934 (the
SECURITIES AND EXCHANGE Drive, Suite 400, Wheaton, IL 60187. ‘‘Act’’),1 and Rule 19b–4 thereunder,2
COMMISSION notice is hereby given that on June 15,
BlackRock Pennsylvania Strategic
[Release No. IC–31698] Municipal Trust [File No. 811–9417] 2015, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
Notice of Applications for Summary: Applicant, a closed-end ‘‘CBOE’’) filed with the Securities and
Deregistration Under Section 8(f) of the investment company, seeks an order Exchange Commission (the
Investment Company Act of 1940 declaring that it has ceased to be an ‘‘Commission’’) the proposed rule
investment company. Applicant change as described in Items I, II, and
June 26, 2015. transferred its assets to BlackRock
The following is a notice of III, below, which Items have been
MuniYield Pennsylvania Quality Fund, prepared by the Exchange. The
applications for deregistration under and effective April 13, 2015, made
section 8(f) of the Investment Company Commission is publishing this notice to
distributions to its shareholders based solicit comments on the proposed rule
Act of 1940 for the month of June 2015. on net asset value. Expenses of
A copy of each application may be change from interested persons.
approximately $297,589 incurred in
obtained via the Commission’s Web site connection with the reorganization were I. Self-Regulatory Organization’s
by searching for the file number, or for paid by applicant. Statement of the Terms of Substance of
an applicant using the Company name the Proposed Rule Change
box, at http://www.sec.gov/search/ Filing Date: The application was filed
search.htm or by calling (202) 551– on June 11, 2015. The Exchange proposes to amend its
8090. An order granting each Applicant’s Address: 100 Bellevue Fees Schedule. The text of the proposed
application will be issued unless the Parkway, Wilmington, DE 19809. rule change is available on the
SEC orders a hearing. Interested persons Exchange’s Web site (http://
Campbell Multi-Strategy Trust [File No. www.cboe.com/AboutCBOE/
may request a hearing on any
811–21803] CBOELegalRegulatoryHome.aspx), at
application by writing to the SEC’s
Secretary at the address below and Summary: Applicant, a closed-end the Exchange’s Office of the Secretary,
serving the relevant applicant with a investment company, seeks an order and at the Commission’s Public
copy of the request, personally or by declaring that it has ceased to be an Reference Room.
mail. Hearing requests should be investment company. On June 23, 2015, II. Self-Regulatory Organization’s
received by the SEC by 5:30 p.m. on July applicant made a final liquidating Statement of the Purpose of, and
21, 2015, and should be accompanied distribution to its shareholders, based Statutory Basis for, the Proposed Rule
by proof of service on applicants, in the on net asset value. Applicant has Change
form of an affidavit or, for lawyers, a retained approximately $2,416,000 in
certificate of service. Pursuant to Rule In its filing with the Commission, the
cash and cash equivalent reserves to
0–5 under the Act, hearing requests Exchange included statements
cover potential outstanding liabilities in
should state the nature of the writer’s concerning the purpose of and basis for
the amount of $2,416,421. Any reserves
interest, any facts bearing upon the the proposed rule change and discussed
not required to pay such liabilities will
desirability of a hearing on the matter, any comments it received on the
be distributed to shareholders. Expenses
the reason for the request, and the issues proposed rule change. The text of these
of approximately $76,289 incurred in
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contested. Persons who wish to be statements may be examined at the
connection with the liquidation were
notified of a hearing may request places specified in Item IV below. The
paid by shareholders.
notification by writing to the Exchange has prepared summaries, set
Filing Date: The application was filed forth in sections A, B, and C below, of
Commission’s Secretary.
on June 24, 2015.
5 15 U.S.C. 78s(b)(2). Applicant’s Address: 2850 Quarry 1 15 U.S.C. 78s(b)(1).
6 17 CFR 200.30–3(a)(31). Lake Dr., Baltimore, MD 21209. 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38491
B. Self-Regulatory Organization’s Electronic Comments SECURITIES AND EXCHANGE
Statement on Burden on Competition COMMISSION
• Use the Commission’s Internet
The Exchange does not believe that comment form (http://www.sec.gov/
[Release No. 34–75329; File No. SR–ICEEU–
the proposed rule change will impose rules/sro.shtml); or
2015–012]
any burden on competition that is not • Send an email to rule-comments@
necessary or appropriate in furtherance sec.gov. Please include File Number SR– Self-Regulatory Organizations; ICE
of the purposes of the Act, because the CBOE–2015–059 on the subject line. Clear Europe Limited; Notice of Filing
proposes rule change applies to all and Immediate Effectiveness of
Trading Permit Holders. The Exchange Paper Comments
Proposed Rule Change Relating to the
believes this proposal will not cause an
• Send paper comments in triplicate Delivery Procedures
unnecessary burden on intermarket
to Secretary, Securities and Exchange
competition because the proposed June 29, 2015.
Commission, 100 F Street NE.,
changes will actually enhance the Pursuant to Section 19(b)(1) of the
competiveness of the Exchange relative Washington, DC 20549–1090.
Securities Exchange Act of 1934
to other exchanges which offer All submissions should refer to File (‘‘Act’’) 1 and Rule 19b–4 thereunder 2
comparable fees and rebates for QCC Number SR–CBOE–2015–059. This file notice is hereby given that on June 16,
transactions.10 To the extent that the number should be included on the 2015, ICE Clear Europe Limited (‘‘ICE
proposed changes make CBOE a more subject line if email is used. To help the Clear Europe’’) filed with the Securities
attractive marketplace for market Commission process and review your and Exchange Commission
participants at other exchanges, such comments more efficiently, please use (‘‘Commission’’) the proposed rule
market participants are welcome to only one method. The Commission will change as described in Items I, II, and
become CBOE market participants. post all comments on the Commission’s III below, which Items have been
C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ prepared primarily by ICE Clear Europe.
Statement on Comments on the rules/sro.shtml). Copies of the ICE Clear Europe filed the proposal
Proposed Rule Change Received From submission, all subsequent pursuant to Section 19(b)(3)(A) of the
Members, Participants, or Others amendments, all written statements Act,3 and Rules 19b–4(f)(4)(i) and (ii) 4
with respect to the proposed rule thereunder, so that the proposal was
The Exchange neither solicited nor change that are filed with the effective upon filing with the
received comments on the proposed Commission, and all written Commission. The Commission is
rule change. communications relating to the publishing this notice to solicit
proposed rule change between the comments on the proposed rule change
III. Date of Effectiveness of the from interested persons.
Proposed Rule Change and Timing for Commission and any person, other than
Commission Action those that may be withheld from the I. Self-Regulatory Organization’s
public in accordance with the Statement of the Terms of Substance of
The foregoing rule change has become provisions of 5 U.S.C. 552, will be the Proposed Rule Change
effective pursuant to Section 19(b)(3)(A) available for Web site viewing and
of the Act 11 and paragraph (f) of Rule printing in the Commission’s Public ICE Clear Europe proposes
19b–4 12 thereunder. At any time within Reference Room, 100 F Street NE., amendments to its Delivery Procedures
60 days of the filing of the proposed rule Washington, DC 20549, on official with respect to the settlement of certain
change, the Commission summarily may business days between the hours of European emissions allowance and
temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such cocoa futures contracts that are
it appears to the Commission that such filing will also be available for currently traded on ICE Futures Europe
action is necessary or appropriate in the inspection and copying at the principal and cleared by ICE Clear Europe. The
public interest, for the protection of office of the Exchange. All comments proposed rule change also makes certain
investors, or otherwise in furtherance of received will be posted without change; clarifications and updates to the
the purposes of the Act. If the the Commission does not edit personal Complaint Resolution Procedures.
Commission takes such action, the identifying information from II. Self-Regulatory Organization’s
Commission will institute proceedings submissions. You should submit only Statement of the Purpose of, and
to determine whether the proposed rule information that you wish to make Statutory Basis for, the Proposed Rule
change should be approved or available publicly. All submissions Change
disapproved. should refer to File Number SR–CBOE–
2015–059 and should be submitted on In its filing with the Commission, ICE
IV. Solicitation of Comments
or before July27, 2015. Clear Europe included statements
Interested persons are invited to concerning the purpose of and basis for
For the Commission, by the Division of the proposed rule change. The text of
submit written data, views, and Trading and Markets, pursuant to delegated
arguments concerning the foregoing, these statements may be examined at
authority.13 the places specified in Item IV below.
including whether the proposed rule
Robert W. Errett, ICE Clear Europe has prepared
change is consistent with the Act.
Comments may be submitted by any of Deputy Secretary. summaries, set forth in sections A, B,
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the following methods: [FR Doc. 2015–16411 Filed 7–2–15; 8:45 am] and C below, of the most significant
BILLING CODE 8011–01–P aspects of such statements.
10 See e.g. , ISE Schedule of Fees, Section IV(A),
1 15 U.S.C. 78s(b)(1).
QCC and Solicitation Rebate and PHLX Pricing
Schedule, Section II, Multiply Listed Options Fees. 2 17 CFR 240.19b–4.
11 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f). 13 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(4)(i) and (ii).
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Document Created: 2015-12-15 13:17:33
Document Modified: 2015-12-15 13:17:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 38489 |
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