80_FR_8774 80 FR 8742 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

80 FR 8742 - 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 32 (February 18, 2015)

Page Range8742-8744
FR Document2015-03226

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8742-8744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03226]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74253; File No. SR-CBOE-2015-014)


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

February 11, 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 February 2, 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

[[Page 8743]]

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 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 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 make a number of changes to its Fees 
Schedule, effective February 2, 2015.
Removal of Outdated References
    First, the Exchange notes that it no longer lists Credit Default 
Options or Credit Default Basket Options. As such, the Exchange 
proposes to delete from the Fees Schedule all references to these 
options, as such references are no longer necessary and are obsolete.
    The Exchange also proposes to eliminate outdated references to 
``CBSX.'' On April 30, 2014, the CBOE Stock Exchange (``CBSX''), 
formerly a stock trading facility of CBOE, ceased trading operations. 
On August 7, 2014, the status of any remaining CBSX Trading Permit 
Holders was terminated. Accordingly, references to ``CBSX'' are now 
obsolete and therefore unnecessary to maintain in the Fees Schedule. 
The Exchange proposes to remove all such references to maintain clarity 
in the Fees Schedule and avoid potential confusion.
References to ``Underlying Symbol List A''
    On December 1, 2014, the Exchange revised its Fees Schedule to 
define a list of certain proprietary products that is often 
collectively excluded or included in various fees and fee programs.\3\ 
Specifically, the Exchange adopted the term ``Underlying Symbol List 
A'' to refer the following products: OEX, XEO, SPX (including SPXw), 
SPXpm, SRO, VIX, VXST, VOLATILITY INDEXES and binary options. Although 
a number of references to these options were replaced by the new term 
when first adopted, the Exchange inadvertently did not replace all 
references to this list with ``Underlying Symbol List A.'' In order to 
maintain consistency through the Fees Schedule, the Exchange now seeks 
to replace all remaining references to the abovementioned list of 
products with the term ``Underlying Symbol List A.''
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    \3\ See Securities Exchange Act Release No. 73832 (December 12, 
2014), 79 FR 243 (December 18, 2014) (SR-CBOE-2014-092).
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PULSe Workstation
    The Exchange proposes to make certain amendments to the PULSe 
Workstation (``PULSe'') fees. By way of background, the Exchange 
charges a fee of $400 per month per Trading Permit Holder (``TPH'') 
workstation for the first 10 users and $100 per month for all 
subsequent users. TPHs may also make the functionality available to 
their customers, which may include non-broker dealer public customers 
and non-TPH broker dealers (referred to herein as ``non-TPHs''). For 
such non-TPH workstations, the Exchange charges a fee of $400 per month 
per workstation.
    The Exchange first proposes to clarify and make explicit that the 
PULSe fees are assessed on a ``per login ID'' basis. Currently, the 
Fees Schedule states that the monthly fee for PULSe TPH workstations is 
``$400/month (per TPH workstation for the first 10)'' and ``$100/month 
(per each additional TPH workstation)'' and for PULSe non-TPH 
workstations ``$400/month (per non-TPH workstation).'' The Exchange 
believes the current language, and the use of the term ``workstation'', 
may be confusing to market participants. As such, the Exchange seeks to 
make clear in the Fees Schedule that the PULSe fees are assessed per 
login Id [sic]. The Exchange notes that this proposed change is merely 
a clarification and that no substantive changes are being made to how 
PULSe fees are assessed.
    Next, the Exchange proposes to provide that the $400 per month, per 
login ID fee will be applicable to the first 15 login IDs (instead of 
the first 10). The Exchange expended significant resources developing 
PULSe, and seeks to recoup more of those costs.
    Finally, the Exchange seeks to remove outdate [sic] language from 
the Notes section of the PULSe fees table. Currently, the Notes section 
for both the TPH and non-TPH workstations fees states that the fee is 
waived for the first month for the first new user of a TPH and non-TPH, 
respectively. Additionally, the Notes section provides that the fee is 
waived for the first two months for all new users between August 1, 
2014 and December 31, 2014, and that the fee is waived for the month of 
August 2014 for all users that became new users in July 2014. As the 
above referenced waiver periods have since passed, the Exchange no 
longer believes this language is necessary to maintain in the Fees 
Schedule. The Exchange notes that the fee will continue to be waived 
for the first month of the first new user of a TPH or non-TPH.
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 always strives for clarity in its rules 
and Fees Schedule, so that market participants may best understand how 
rules and fees apply. The Exchange believes that the proposed 
clarifications and removal of

[[Page 8744]]

outdated language in the Fees Schedule will make the Fees Schedule 
easier to read and alleviate potential confusion. The alleviation of 
potential confusion will remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, protect investors and the public interest.
    The Exchange believes assessing the $400 per month, per login ID 
fee to the first 15 login IDs (instead of the first 10) is reasonable 
because the Exchange expended significant resources developing PULSe 
and desires to recoup more of those costs. The Exchange believes this 
proposed rule change is equitable and not unfairly discriminatory 
because all TPHs who desire to use PULSe will be subject to this 
change.

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 proposed changes to 
alleviate confusion are not intended for competitive reasons and only 
apply to CBOE. Additionally, the Exchange does not believe the proposed 
change to assess the PULSe login Id [sic] fee to the first 15 login Ids 
[sic] of a TPH will impose any burden on intramarket competition that 
is not necessary or appropriate in furtherance of the purposes of the 
Act because the proposed change applies to all Trading Permit Holders. 
The Exchange believes this proposal will not cause an unnecessary 
burden on intermarket competition because the proposed change was not 
motivated by intermarket competition. 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 \7\ and paragraph (f) of Rule 19b-4 \8\ 
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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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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 rule-comments@sec.gov. Please include 
File Number SR-CBOE-2015-014 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2015-014. 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 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-2015-014 and should be 
submitted on or before March 11, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03226 Filed 2-17-15; 8:45 am]
BILLING CODE 8011-01-P



                                                8742                       Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                prevent fraudulent and manipulative                     to Rule 19b–4(f)(6)(iii),14 the                       amendments, all written statements
                                                acts and practices, to promote just and                 Commission may designate a shorter                    with respect to the proposed rule
                                                equitable principles of trade, and, in                  time if such action is consistent with the            change that are filed with the
                                                general, to protect investors and the                   protection of investors and the public                Commission, and all written
                                                public interest. FINRA also believes that               interest.                                             communications relating to the
                                                the proposed rule change is consistent                     FINRA has asked the Commission to                  proposed rule change between the
                                                with the provisions of Section                          waive the 30-day operative delay so that              Commission and any person, other than
                                                15A(b)(11) of the Act.10 Section                        the proposal may become operative                     those that may be withheld from the
                                                15A(b)(11) requires that FINRA rules                    immediately upon filing. The                          public in accordance with the
                                                include provisions governing the form                   Commission believes that waiver of the                provisions of 5 U.S.C. 552, will be
                                                and content of quotations relating to                   operative delay is consistent with the                available for Web site viewing and
                                                securities sold otherwise than on a                     protection of investors and the public                printing in the Commission’s Public
                                                national securities exchange which may                  interest because such waiver will allow               Reference Room, 100 F St. NE.,
                                                be distributed or published by any                      the pilot program to continue without                 Washington, DC 20549, on official
                                                member or person associated with a                      interruption. Therefore, the Commission               business days between the hours of
                                                member, and the persons to whom such                    designates the proposal operative upon                10:00 a.m. and 3:00 p.m. Copies of such
                                                quotations may be supplied.                             filing.15                                             filing also will be available for
                                                  FINRA believes that the extension of                     At any time within 60 days of the                  inspection and copying at the principal
                                                the Tier Size Pilot for an additional                   filing of the proposed rule change, the               office of FINRA. All comments received
                                                three months is consistent with the Act                 Commission summarily may                              will be posted without change; the
                                                in that it would provide the                            temporarily suspend such rule change if               Commission does not edit personal
                                                Commission and FINRA with additional                    it appears to the Commission that such                identifying information from
                                                time to determine whether the pilot tiers               action is necessary or appropriate in the             submissions. You should submit only
                                                should be made permanent.                               public interest, for the protection of                information that you wish to make
                                                                                                        investors, or otherwise in furtherance of             available publicly. All submissions
                                                B. Self-Regulatory Organization’s                       the purposes of the Act. If the                       should refer to File Number SR–FINRA–
                                                Statement on Burden on Competition                      Commission takes such action, the                     2015–002, and should be submitted on
                                                  FINRA does not believe that the                       Commission shall institute proceedings                or before March 11, 2015.
                                                proposed rule change will result in any                 to determine whether the proposed rule
                                                                                                        should be approved or disapproved.                      For the Commission, by the Division of
                                                burden on competition that is not                                                                             Trading and Markets, pursuant to delegated
                                                necessary or appropriate in furtherance                 IV. Solicitation of Comments                          authority.16
                                                of the purposes of the Act.                                                                                   Brent J. Fields,
                                                                                                          Interested persons are invited to
                                                C. Self-Regulatory Organization’s                       submit written data, views, and                       Secretary.
                                                Statement on Comments on the                            arguments concerning the foregoing,                   [FR Doc. 2015–03224 Filed 2–17–15; 8:45 am]
                                                Proposed Rule Change Received From                      including whether the proposed rule                   BILLING CODE 8011–01–P
                                                Members, Participants, or Others                        change is consistent with the Act.
                                                                                                        Comments may be submitted by any of
                                                  Written comments were neither
                                                                                                        the following methods:                                SECURITIES AND EXCHANGE
                                                solicited nor received.
                                                                                                                                                              COMMISSION
                                                                                                        Electronic Comments
                                                III. Date of Effectiveness of the
                                                Proposed Rule Change and Timing for                       • Use the Commission’s Internet                     [Release No. 34–74253; File No. SR–CBOE–
                                                Commission Action                                       comment form (http://www.sec.gov/                     2015–014)
                                                                                                        rules/sro.shtml ); or
                                                  Because the foregoing proposed rule                     • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                change does not: (i) Significantly affect               sec.gov. Please include File Number SR–               Chicago Board Options Exchange,
                                                the protection of investors or the public               FINRA–2015–002 on the subject line.                   Incorporated; Notice of Filing and
                                                interest; (ii) impose any significant
                                                                                                        Paper Comments                                        Immediate Effectiveness of a Proposed
                                                burden on competition; and (iii) become
                                                                                                                                                              Rule Change To Amend the Fees
                                                operative for 30 days from the date on                    • Send paper comments in triplicate                 Schedule
                                                which it was filed, or such shorter time                to Brent J. Fields, Secretary, Securities
                                                as the Commission may designate, it has                 and Exchange Commission, 100 F Street                 February 11, 2015.
                                                become effective pursuant to Section                    NE., Washington, DC 20549–1090.                          Pursuant to Section 19(b)(1) of the
                                                19(b)(3)(A) of the Act 11 and Rule 19b–                 All submissions should refer to File                  Securities Exchange Act of 1934 (the
                                                4(f)(6) thereunder.12                                   Number SR–FINRA–2015–002. This file                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  A proposed rule change filed under                    number should be included on the                      notice is hereby given that on February
                                                Rule 19b–4(f)(6) 13 normally does not                   subject line if email is used.                        2, 2015, Chicago Board Options
                                                become operative prior to 30 days after                   To help the Commission process and                  Exchange, Incorporated (the ‘‘Exchange’’
                                                the date of the filing. However, pursuant               review your comments more efficiently,                or ‘‘CBOE’’) filed with the Securities
                                                                                                        please use only one method. The                       and Exchange Commission (the
                                                  10 15 U.S.C. 78o–3(b)(11).                            Commission will post all comments on                  ‘‘Commission’’) the proposed rule
                                                  11 15 U.S.C. 78s(b)(3)(A).                            the Commission’s Internet Web site
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                                                  12 17 CFR 240.19b–4(f)(6). Rule 19b–4(f)(6)                                                                 change as described in Items I, II, and
                                                                                                        (http://www.sec.gov/rules/sro.shtml ).                III below, which Items have been
                                                requires a self-regulatory organization to give the
                                                Commission written notice of its intent to file the     Copies of the submission, all subsequent              prepared by the Exchange. The
                                                proposed rule change at least five business days                                                              Commission is publishing this notice to
                                                prior to the date of filing of the proposed rule          14 17CFR 240.19b–4(f)(6)(iii).
                                                change, or such shorter time as designated by the         15 Forpurposes only of waiving the 30-day
                                                                                                                                                                16 17 CFR 200.30–3(a)(12).
                                                Commission. The Exchange has satisfied this             operative delay, the Commission has considered the
                                                requirement.                                            proposed rule’s impact on efficiency, competition,      1 15 U.S.C. 78s(b)(1).
                                                  13 17 CFR 240.19b–4(f)(6).                            and capital formation. See 15 U.S.C. 78c(f).            2 17 CFR 240.19b–4.




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                                                                          Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                               8743

                                                solicit comments on the proposed rule                   References to ‘‘Underlying Symbol List                first 15 login IDs (instead of the first 10).
                                                change from interested persons.                         A’’                                                   The Exchange expended significant
                                                                                                          On December 1, 2014, the Exchange                   resources developing PULSe, and seeks
                                                I. Self-Regulatory Organization’s                                                                             to recoup more of those costs.
                                                Statement of the Terms of Substance of                  revised its Fees Schedule to define a list
                                                                                                        of certain proprietary products that is                  Finally, the Exchange seeks to remove
                                                the Proposed Rule Change                                                                                      outdate [sic] language from the Notes
                                                                                                        often collectively excluded or included
                                                                                                        in various fees and fee programs.3                    section of the PULSe fees table.
                                                  The Exchange proposes to amend its
                                                                                                        Specifically, the Exchange adopted the                Currently, the Notes section for both the
                                                Fees Schedule. The text of the proposed                                                                       TPH and non-TPH workstations fees
                                                rule change is available on the                         term ‘‘Underlying Symbol List A’’ to
                                                                                                        refer the following products: OEX, XEO,               states that the fee is waived for the first
                                                Exchange’s Web site (http://                                                                                  month for the first new user of a TPH
                                                www.cboe.com/AboutCBOE/                                 SPX (including SPXw), SPXpm, SRO,
                                                                                                        VIX, VXST, VOLATILITY INDEXES and                     and non-TPH, respectively.
                                                CBOELegalRegulatoryHome.aspx), at                                                                             Additionally, the Notes section provides
                                                the Exchange’s Office of the Secretary,                 binary options. Although a number of
                                                                                                        references to these options were                      that the fee is waived for the first two
                                                and at the Commission’s Public                                                                                months for all new users between
                                                Reference Room.                                         replaced by the new term when first
                                                                                                        adopted, the Exchange inadvertently did               August 1, 2014 and December 31, 2014,
                                                II. Self-Regulatory Organization’s                      not replace all references to this list               and that the fee is waived for the month
                                                                                                        with ‘‘Underlying Symbol List A.’’ In                 of August 2014 for all users that became
                                                Statement of the Purpose of, and
                                                                                                        order to maintain consistency through                 new users in July 2014. As the above
                                                Statutory Basis for, the Proposed Rule
                                                                                                        the Fees Schedule, the Exchange now                   referenced waiver periods have since
                                                Change
                                                                                                        seeks to replace all remaining references             passed, the Exchange no longer believes
                                                  In its filing with the Commission, the                to the abovementioned list of products                this language is necessary to maintain in
                                                Exchange included statements                            with the term ‘‘Underlying Symbol List                the Fees Schedule. The Exchange notes
                                                concerning the purpose of and basis for                 A.’’                                                  that the fee will continue to be waived
                                                the proposed rule change and discussed                                                                        for the first month of the first new user
                                                                                                        PULSe Workstation                                     of a TPH or non-TPH.
                                                any comments it received on the
                                                proposed rule change. The text of these                    The Exchange proposes to make                      2. Statutory Basis
                                                statements may be examined at the                       certain amendments to the PULSe
                                                                                                        Workstation (‘‘PULSe’’) fees. By way of                  The Exchange believes the proposed
                                                places specified in Item IV below. The                                                                        rule change is consistent with the
                                                Exchange has prepared summaries, set                    background, the Exchange charges a fee
                                                                                                        of $400 per month per Trading Permit                  Securities Exchange Act of 1934 (the
                                                forth in sections A, B, and C below, of                                                                       ‘‘Act’’) and the rules and regulations
                                                the most significant aspects of such                    Holder (‘‘TPH’’) workstation for the first
                                                                                                        10 users and $100 per month for all                   thereunder applicable to the Exchange
                                                statements.                                                                                                   and, in particular, the requirements of
                                                                                                        subsequent users. TPHs may also make
                                                A. Self-Regulatory Organization’s                       the functionality available to their                  Section 6(b) of the Act.4 Specifically,
                                                Statement of the Purpose of, and                        customers, which may include non-                     the Exchange believes the proposed rule
                                                Statutory Basis for, the Proposed Rule                  broker dealer public customers and non-               change is consistent with the Section
                                                Change                                                  TPH broker dealers (referred to herein as             6(b)(5) 5 requirements that the rules of
                                                                                                        ‘‘non-TPHs’’). For such non-TPH                       an exchange be designed to prevent
                                                1. Purpose                                              workstations, the Exchange charges a fee              fraudulent and manipulative acts and
                                                                                                        of $400 per month per workstation.                    practices, to promote just and equitable
                                                   The Exchange proposes to make a                                                                            principles of trade, to foster cooperation
                                                number of changes to its Fees Schedule,                    The Exchange first proposes to clarify
                                                                                                        and make explicit that the PULSe fees                 and coordination with persons engaged
                                                effective February 2, 2015.                                                                                   in regulating, clearing, settling,
                                                                                                        are assessed on a ‘‘per login ID’’ basis.
                                                Removal of Outdated References                          Currently, the Fees Schedule states that              processing information with respect to,
                                                                                                        the monthly fee for PULSe TPH                         and facilitation transactions in
                                                   First, the Exchange notes that it no                 workstations is ‘‘$400/month (per TPH                 securities, to remove impediments to
                                                longer lists Credit Default Options or                  workstation for the first 10)’’ and ‘‘$100/           and perfect the mechanism of a free and
                                                Credit Default Basket Options. As such,                 month (per each additional TPH                        open market and a national market
                                                the Exchange proposes to delete from                    workstation)’’ and for PULSe non-TPH                  system, and, in general, to protect
                                                the Fees Schedule all references to these               workstations ‘‘$400/month (per non-                   investors and the public interest.
                                                options, as such references are no longer               TPH workstation).’’ The Exchange                      Additionally, the Exchange believes the
                                                necessary and are obsolete.                             believes the current language, and the                proposed rule change is consistent with
                                                   The Exchange also proposes to                        use of the term ‘‘workstation’’, may be               Section 6(b)(4) of the Act,6 which
                                                eliminate outdated references to                        confusing to market participants. As                  requires that Exchange rules provide for
                                                ‘‘CBSX.’’ On April 30, 2014, the CBOE                   such, the Exchange seeks to make clear                the equitable allocation of reasonable
                                                Stock Exchange (‘‘CBSX’’), formerly a                   in the Fees Schedule that the PULSe                   dues, fees, and other charges among its
                                                                                                        fees are assessed per login Id [sic]. The             Trading Permit Holders and other
                                                stock trading facility of CBOE, ceased
                                                                                                        Exchange notes that this proposed                     persons using its facilities.
                                                trading operations. On August 7, 2014,                                                                           In particular, the Exchange always
                                                the status of any remaining CBSX                        change is merely a clarification and that
                                                                                                        no substantive changes are being made                 strives for clarity in its rules and Fees
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                                                Trading Permit Holders was terminated.                                                                        Schedule, so that market participants
                                                Accordingly, references to ‘‘CBSX’’ are                 to how PULSe fees are assessed.
                                                                                                           Next, the Exchange proposes to                     may best understand how rules and fees
                                                now obsolete and therefore unnecessary                                                                        apply. The Exchange believes that the
                                                                                                        provide that the $400 per month, per
                                                to maintain in the Fees Schedule. The                                                                         proposed clarifications and removal of
                                                                                                        login ID fee will be applicable to the
                                                Exchange proposes to remove all such
                                                references to maintain clarity in the                     3 See Securities Exchange Act Release No. 73832       4 15 U.S.C. 78f(b).
                                                Fees Schedule and avoid potential                       (December 12, 2014), 79 FR 243 (December 18,            5 15 U.S.C. 78f(b)(5).
                                                confusion.                                              2014) (SR–CBOE–2014–092).                               6 15 U.S.C. 78f(b)(4).




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                                                8744                            Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                outdated language in the Fees Schedule                     19b–4 8 thereunder. At any time within                 received will be posted without change;
                                                will make the Fees Schedule easier to                      60 days of the filing of the proposed rule             the Commission does not edit personal
                                                read and alleviate potential confusion.                    change, the Commission summarily may                   identifying information from
                                                The alleviation of potential confusion                     temporarily suspend such rule change if                submissions. You should submit only
                                                will remove impediments to and perfect                     it appears to the Commission that such                 information that you wish to make
                                                the mechanism of a free and open                           action is necessary or appropriate in the              available publicly. All submissions
                                                market and a national market system,                       public interest, for the protection of                 should refer to File Number SR–CBOE–
                                                and, in general, protect investors and                     investors, or otherwise in furtherance of              2015–014 and should be submitted on
                                                the public interest.                                       the purposes of the Act. If the                        or before March 11, 2015.
                                                   The Exchange believes assessing the                     Commission takes such action, the
                                                $400 per month, per login ID fee to the                    Commission will institute proceedings                    For the Commission, by the Division of
                                                                                                           to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                                first 15 login IDs (instead of the first 10)
                                                                                                           change should be approved or                           authority.9
                                                is reasonable because the Exchange
                                                expended significant resources                             disapproved.                                           Brent J. Fields,
                                                developing PULSe and desires to recoup                     IV. Solicitation of Comments                           Secretary.
                                                more of those costs. The Exchange                                                                                 [FR Doc. 2015–03226 Filed 2–17–15; 8:45 am]
                                                believes this proposed rule change is                        Interested persons are invited to
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                equitable and not unfairly                                 submit written data, views, and
                                                discriminatory because all TPHs who                        arguments concerning the foregoing,
                                                                                                           including whether the proposed rule
                                                desire to use PULSe will be subject to                                                                            SECURITIES AND EXCHANGE
                                                                                                           change is consistent with the Act.
                                                this change.                                                                                                      COMMISSION
                                                                                                           Comments may be submitted by any of
                                                B. Self-Regulatory Organization’s                          the following methods:
                                                Statement on Burden on Competition                                                                                [Release No. 34–74258; File No. SR–
                                                                                                           Electronic Comments                                    NASDAQ–2015–008]
                                                   The Exchange does not believe that                        • Use the Commission’s Internet
                                                the proposed rule change will impose                       comment form (http://www.sec.gov/                      Self-Regulatory Organizations; The
                                                any burden on competition that is not                      rules/sro.shtml ); or                                  NASDAQ Stock Market LLC; Notice of
                                                necessary or appropriate in furtherance                      • Send an email to rule-comments@                    Filing and Immediate Effectiveness of
                                                of the purposes of the Act. The                            sec.gov. Please include File Number SR–                Proposed Rule Change To Modify
                                                proposed changes to alleviate confusion                    CBOE–2015–014 on the subject line.                     NASDAQ Rule 7018 Fees
                                                are not intended for competitive reasons
                                                and only apply to CBOE. Additionally,                      Paper Comments                                         February 11, 2015.
                                                the Exchange does not believe the                             • Send paper comments in triplicate
                                                                                                                                                                     Pursuant to Section 19(b)(1) of the
                                                proposed change to assess the PULSe                        to Brent J. Fields, Secretary, Securities
                                                login Id [sic] fee to the first 15 login Ids                                                                      Securities Exchange Act of 1934
                                                                                                           and Exchange Commission, 100 F Street
                                                [sic] of a TPH will impose any burden                      NE., Washington, DC 20549–1090.                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                on intramarket competition that is not                                                                            notice is hereby given that on February
                                                                                                           All submissions should refer to File
                                                necessary or appropriate in furtherance                                                                           2, 2015, The NASDAQ Stock Market
                                                                                                           Number SR–CBOE-2015–014. This file
                                                of the purposes of the Act because the                     number should be included on the                       LLC (‘‘NASDAQ’’ or the ‘‘Exchange’’)
                                                proposed change applies to all Trading                     subject line if email is used. To help the             filed with the Securities and Exchange
                                                Permit Holders. The Exchange believes                      Commission process and review your                     Commission (‘‘Commission’’) a
                                                this proposal will not cause an                            comments more efficiently, please use                  proposed rule change as described in
                                                unnecessary burden on intermarket                          only one method. The Commission will                   Items I, II and III below, which Items
                                                competition because the proposed                           post all comments on the Commission’s                  have been prepared by the Exchange.
                                                change was not motivated by                                Internet Web site (http://www.sec.gov/                 The Commission is publishing this
                                                intermarket competition. To the extent                     rules/sro.shtml ). Copies of the                       notice to solicit comments on the
                                                that the proposed changes make CBOE                        submission, all subsequent                             proposed rule change from interested
                                                a more attractive marketplace for market                   amendments, all written statements                     persons.
                                                participants at other exchanges, such                      with respect to the proposed rule
                                                market participants are welcome to                                                                                I. Self-Regulatory Organization’s
                                                                                                           change that are filed with the
                                                become CBOE market participants.                                                                                  Statement of the Terms of Substance of
                                                                                                           Commission, and all written
                                                                                                           communications relating to the                         the Proposed Rule Change
                                                C. Self-Regulatory Organization’s
                                                Statement on Comments on the                               proposed rule change between the                          NASDAQ is proposing to modify
                                                Proposed Rule Change Received From                         Commission and any person, other than                  NASDAQ Rule 7018 fees assessed for
                                                Members, Participants, or Others                           those that may be withheld from the                    execution and routing securities listed
                                                                                                           public in accordance with the                          on NASDAQ, the New York Stock
                                                  The Exchange neither solicited nor                       provisions of 5 U.S.C. 552, will be
                                                received comments on the proposed                                                                                 Exchange (‘‘NYSE’’) and on exchanges
                                                                                                           available for Web site viewing and
                                                rule change.                                                                                                      other than NASDAQ and NYSE.
                                                                                                           printing in the Commission’s Public
                                                                                                           Reference Room, 100 F Street NE.,                         The text of the proposed rule change
                                                III. Date of Effectiveness of the
emcdonald on DSK67QTVN1PROD with NOTICES




                                                                                                           Washington, DC 20549 on official                       is available at nasdaq.cchwallstreet.com
                                                Proposed Rule Change and Timing for
                                                Commission Action                                          business days between the hours of                     at NASDAQ’s principal office, and at
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the                 the Commission’s Public Reference
                                                   The foregoing rule change has become                    filing also will be available for                      Room.
                                                effective pursuant to Section 19(b)(3)(A)                  inspection and copying at the principal
                                                of the Act 7 and paragraph (f) of Rule                     office of the Exchange. All comments                     9 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                  7 15   U.S.C. 78s(b)(3)(A).                                8 17   CFR 240.19b–4(f).                               2 17 CFR 240.19b–4.




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Document Created: 2018-02-16 11:10:35
Document Modified: 2018-02-16 11:10:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 8742 

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