[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-10749] [[Page Unknown]] [Federal Register: May 5, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-33972); File No. SR-CBOE-94-03] Self-Regulatory Organizations; Order Approving Proposed Rule Change by the Chicago Board Options Exchange, Inc. Relating to Trading Floor Booth Policy and Fee Changes April 28, 1994. On February 2, 1994, the Chicago Board Options Exchange, Inc. (``CBOE'' or ``Exchange'') submitted to the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19B-4 thereunder,\2\ a proposed rule change to set forth formally the Exchange's current policy (``Policy'') regarding the rental of booths on the CBOE trading floor, and to amend its current Fee Schedule as it pertains to Facility Fees for the rental of Exchange trading floor booths. --------------------------------------------------------------------------- \1\15 U.S.C. 78s(b)(1) (1982). \2\17 CFR 240.19b-4 (1993). --------------------------------------------------------------------------- The proposed rule change was published for comment in the Federal Register on March 16, 1994.\3\ No comments were received on the proposed rule change. This order approves the proposal. --------------------------------------------------------------------------- \3\See Securities Exchange Act Release No. 33745 (March 9, 1994), 59 FR 12388 (March 16, 1994). --------------------------------------------------------------------------- The purpose of the proposed rule change is to memorialize for distribution to the CBOE membership the Exchange's policy regarding the rental and use of booth space on the CBOE trading floor by member organizations. The CBOE included with its filing, solely for informational purposes, a sample ``Trading Floor Booth Rental Agreement'' that would be executed between the Exchange and the member organizations regarding the leasing of trading floor booths. In addition, in connection with the Exchange's elimination of a practice known as ``joint leasing,'' the Exchange has proposed to amend the existing fee structure regarding the rental of trading floor booths. The CBOE currently has certain space located on its trading floor which it makes available for rental to qualified member organizations. These ``booths'' are located at various locations on the trading floor adjacent to the trading ``pits'' or ``crowds'' where the actual CBOE trading activity takes place. The booths generally are used by member organizations to perform various functions in support of their CBOE trading activities. Over the years, the CBOE has developed certain policies and practices with regard to the rental and use of these trading floor booths by member organizations. The Exchange has determined that it would benefit both the CBOE and the membership to memorialize the Exchange's current policies for distribution to the members. The Policy addresses several issues pertaining to booth rental, including eligibility requirements, allocation and assignment, and booth usage and rental terms. Specifically, the Policy sets forth the four broad categories of member organizations that, in accordance with current policy, may rent booth space on the floor. These four types of eligible members are: (1) Members of The Options Clearing Corporation (``OCC'') that conduct a retail customer business; (2) members of OCC that clear CBOE market-maker and/or floor broker trades; (3) members that operate a public customer and/or broker business in options and meet any financial requirements established at any time by the Exchange; and (4) members that are stock execution service firms approved by the Exchange in accordance with CBOE Rule 6.77.\4\ These categories were formulated in order to accommodate member organizations with the greatest need for working space in close proximity to CBOE trading activity, and they encompass almost all major types of CBOE member organizations. Market-maker organizations, the only major category of member organization that cannot obtain a booth under the Policy, customarily obtain booth space through their clearing firms. --------------------------------------------------------------------------- \4\A stock execution service is a regular member organization that is registered with the Exchange for the purpose of providing stock execution services to market-makers on the floor of the Exchange. CBOE Rule 6.77. --------------------------------------------------------------------------- To account for the possibility that in the future demand for booth space may exceed availability, the Policy states that the Facilities Committee of the CBOE may establish guidelines with respect to the allocation and assignment of trading floor booths to CBOE member organizations, based upon trading volume, business need, product support, and other reasonable criteria.\5\ The CBOE currently has no such guidelines in effect, and does not anticipate the creation of such guidelines in the foreseeable future. --------------------------------------------------------------------------- \5\Prior to implementing such guidelines, the Exchange represents that it will consult with Commission staff to determine whether such guidelines would have to be filed with the Commission as a rule change and be approved pursuant to Section 19(b) of the Act. Telephone conversation between Dan Schneider, Schiff Hardin & Waite, Joanne Moffic-Silver, CBOE, and Mary Gilhooly, CBOE, and Thomas N. McManus, Division of Market Regulation, SEC, on April 26, 1994. --------------------------------------------------------------------------- The Policy also sets forth the requirement that all member organizations renting booths execute a lease agreement with the Exchange, which agreement sets forth the contractual terms governing the rental and use of booths by member organizations. Although the Exchange in the past has used a standard form agreement regarding booth rental, that agreement is brief and contains little detail regarding the nature of the contractual relationship between the parties. Any lease agreement executed pursuant to the new Policy would set forth specifically the details of the parties' contractual relationship regarding rental and use of the booths as they have been established by custom and usage in the past. Finally, the Exchange proposes to eliminate the practice of joint leasing, and to amend the fee structure to account for this change. Previously, the Exchange has permitted two different member organizations to occupy jointly a single trading floor booth and to share the costs associated therewith, believing that such joint leasing would provide a less costly method for smaller member organizations to obtain access to multiple locations adjacent to the trading floor. However, the Exchange states that joint leasing has been used by non- transaction-producing members solely to reduce their booth fees and not to facilitate trading activity. Accordingly, the Exchange has determined to eliminate joint leasing and replace it with a variable fee arrangement which the Exchange anticipates will soften the economic impact on smaller member organizations that the elimination of joint leasing might otherwise have caused. Pursuant to the amended fee schedule, variable booth fees have been reduced in two respects: (1) The $1,250 per booth variable monthly fee has been eliminated for the second booth leased by a member organization; and (2) the $1,250 per booth variable month fee for a third booth has been reduced by 50 percent to $625. The initial booth rental, and all additional booths beyond the third booth, continue to be subject to the full variable fee. The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b)(5).\6\ Specifically, the purpose of the proposal is to memorialize existing Exchange policies regarding the rental of trading floor booths to member organizations, including the delineation of eligible lessees and the requirement that members enter into a formal lease agreement.\7\ The Policy does not represent a change to current Exchange policies, except the elimination of the CBOE's current policy to permit joint leasing. In this regard, the Exchange states that the purpose behind joint leasing was ultimately to provide small member organizations less costly access to multiple locations adjacent to the trading floor. The Exchange proposes to eliminate this practice because it believes that non-transaction producing member organizations have exploited joint leasing solely to reduce their booth fees and not to facilitate trading activity. --------------------------------------------------------------------------- \6\15 U.S.C. Sec. 78f(b)(5) (1982). \7\Although the Exchange included in its filing a sample lease agreement, the Commission by this order is approving only the general requirement referenced in the Policy that a lease agreement be executed between the Exchange and its member organizations. The Commission is taking no position on, and by this order is not approving, the substance of the aforementioned sample lease agreement. --------------------------------------------------------------------------- The Commission believes that the Exchange's codification of its existing policy, and the elimination of joint leasing in favor of a variable fee arrangement, is a reasonable exercise of the CBOE's right to determine how it wants to administer its floor booth space. In this regard, the Commission notes that existing joint lessees will continue to have access, as individual lessees, to booth space under the revised Policy. Moreover, the variable fee structure should help to eliminate some of the economic impact of the revised Policy on existing joint lessees. Accordingly, the Commission finds the proposal to be consistent with the Act, in that it promotes just and equitable principles of trade and removes impediments to and perfects the mechanism of a free and open market. It is therefore Ordered, pursuant to Section 19(b)(2) of the Act,\8\ that the proposed rule change (File No. SR-CBOE-94-03) is approved. --------------------------------------------------------------------------- \8\15 U.S.C. 78s(b)(2) (1988). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\17 CFR 200.30-3(a)(12) (1993). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-10749 Filed 5-4-94; 8:45 am] BILLING CODE 8010-01-M