80 FR 65841 - 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 207 (October 27, 2015)

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65841-65842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27217]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76209; File No. SR-CBOE-2015-090]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend the Fees Schedule

October 21, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on October 8, 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 self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 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 self-regulatory organization 
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 those 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 parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule \4\. On May 11, 
2015, the Exchange launched an updated version of the Floor Broker 
Workstation (``FBW''), (i.e., ``FBW2''). Currently, the Fees Schedule 
provides that for every FBW login a TPH has, the FBW2 monthly fee \5\ 
is waived for the months of July 2015 through September 2015 on a one-
to-one basis.\6\ The Exchange

[[Page 65842]]

waived the FBW2 fee on a one-to-one basis because it had anticipated 
new features being launched on FBW2 in August 2015 and the Exchange 
wanted to encourage FBW users to begin (or continue) transitioning to 
FBW2 logins while waiting for the new features. Additionally, the 
Exchange wanted to provide additional time to become acclimated to FBW2 
while at the same time being able to use FBW login IDs. The Exchange 
notes that certain new features on FBW2 have still not be launched and 
the Exchange anticipates launching such features by the end of the 
year. As such, the Exchange wishes to extend the FBW2 monthly fee 
waiver on a one-to-one basis through December 31, 2015. The Exchange 
therefore proposes to delete now outdated language and provide that for 
every FBW login a TPH has, the FBW2 fee will be waived for the months 
of October 2015 through December 2015 on a one-to-one basis.
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    \4\ The Exchange initially filed the proposed fee change on 
September 30, 2015 (SR-CBOE-2015-082). On October 8, 2015, the 
Exchange withdrew that filing and submitted this filing.
    \5\ The monthly fee for FBW2 is the same as the FBW fee (i.e., 
$400 per month (per login ID)).
    \6\ For example, if a TPH has two FBW logins and two FBW2 
logins, the total monthly fee would be $800 ($400 for each FBW 
login). Another example is if a TPH has two FBW logins and three 
FBW2 logins, the total monthly fee would be $1200 ($400 for each FBW 
login and $400 for the additional FBW2 login).
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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.\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 
Section 6(b)(4) of the Act,\9\ 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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes it is reasonable to provide a 
waiver of FBW2 fees for each FBW login a TPH has through December 2015 
because it encourages users to use and become familiar with the updated 
FBW2 login IDs while waiting for certain features to be implemented on 
FBW2. Additionally, the Exchange notes the proposed rule change 
provides users additional time to become familiar with and fully 
acclimated to the new FBW functionality. The Exchange believes the 
proposed changes are equitable and not unfairly discriminatory because 
it applies to all users of FBW2.

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 it applies to all 
users of FBW2 and because the Exchange wants to encourage the use of 
FBW2 login IDs while users wait for new features to be added. The 
Exchange believes this proposal will not cause an unnecessary burden on 
intermarket competition because the proposal only affects trading on 
CBOE. 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.

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 \10\ and paragraph (f) of Rule 19b-4 \11\ 
thereunder. At any time within 60 days of the filing of such 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 shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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-2015-090 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-2015-090. 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 20549-1090, on official business days between the hours of 10 a.m. 
and 3 p.m. Copies of the filing will also 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-2015-090 and should be 
submitted on or before November 17, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27217 Filed 10-26-15; 8:45 am]
BILLING CODE 8011-01-P