[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16186]


[[Page Unknown]]

[Federal Register: July 5, 1994]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-34270; File No. SR-CBOE-94-02]

 

Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the Chicago Board Options Exchange, Inc., Relating to Equity 
and SPX RAES Participation Requirements

June 28, 1994.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``ACT''), 15 U.S.C. 78s(b)(1), notice is hereby given that on January 
22, 1994, the Chicago Board Options Exchange, Inc. (``CBOE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``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.

I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The CBOE proposes to amend its rules to impose fees on market 
makers who fail to observe certain participation duties on the Retail 
Automated Execution System (``RAES'') for equity and Standard & Poor's 
500 Index (``SPX'') classes of options. Specifically, the CBOE proposes 
to amend CBOE Rules 8.16m, ``RAES Eligibility in Equity Options'' and 
24.16, ``RAES Eligibility in SPX/NDX,'' to impose the following fees 
for failures to satisfy the rules' log-off requirements: (1) a fee of 
$100.00 for one to three failures within one twelve-month period; (2) a 
fee of $250.00 for four to six failures within one twelve-month period; 
and (3) a fee of $500.00 for seven or more failures within one twelve-
month period. In addition, the CBOE proposes to issue a Regulatory 
Circular clarifying market makers' RAES responsibilities with respect 
to equity and SPX options classes and indicating that members who fail 
to meet the long-on requirements of CBOE Rules 8.16(b) or 24.16(b) 
ordinarily will be suspended from participation on RAES at the 
applicable trading station for a period of 21 consecutive business 
days.\1\
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    \1\CBOE Rule 8.16(b) states that in option classes designated by 
the market Performance Committee (``MPC''), any market maker who has 
logged on RAES at any time during an expiration month must log on 
the RAES system in that option class whenever he is present in that 
trading crowd until the next expiration. CBOE Rule 24.(b) states 
that unless exempted by the MPC, any market maker who has logged on 
RAES at any time during an expiration month must log on the RAES 
system in SPX/NSX whenever he is present in that trading crowd until 
the expiration.
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    The text of the proposal is available at the Office of the 
Secretary, CBOE and at the Commission.

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

    In its filing with the Commission, the 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 these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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

    The CBOE stats that the purpose of the proposed rule change is to 
impose fees on members who fail to observe the RAES log-off 
requirements set forth in CBOE Rules 8.16(a) and 24.16(a) relative to 
equity options and SPX index options. The CBOE proposes to incorporate 
the following fee schedule into CBOE Rules 8.16(a) for equity options) 
and 24.16(a) (for SPX options) for failures to comply with the log-off 
requirements: (1) a fee of $100.00 for one to three failures within one 
twelve-month period; (2) a fee of $250.00 for four to six failures 
within one twelve-month period; and (3) a fee of $500.00 for seven or 
more failures within one twelve-month period.
    The proposed fees for failures to observe the log-off requirements 
for equity and SPX RAES are identical in amounts and graduated 
structure to the fees proposed for Standard & Poor's 100 Index 
(``OEX'') options in File No. SR-CBOE-94-12. Under both proposals, the 
fee amounts will increase in relation to the number of times each 
calendar year that a member does not log off as required.
    As is the case of fees applicable to OEX RAES participants under 
existing CBOE Rule 24.17, ``RAES Eligibility in ``OEX,'' the proposed 
fees do not constitute disciplinary action, although the CBOE's review 
procedures in Chapter XIX, ``Hearings and Review.'' of the CBOE's rules 
will be available for review of fees assessed under the proposal. The 
Commission has noted the appropriateness of such fees and appeal rights 
in a related context.\2\
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    \2\Specifically, in approving a CBOE proposal that included 
procedures for contesting the fees assessed for delayed submission 
of trade data the Commission stated that ``Although such formalized 
procedures are unusual for challenging fee assessments, they 
actually make the imposition of the fee fairer by allowing members 
to challenge erroneous fee charges. Moreover, these procedures are 
reasonably designed to afford a member assessed fee the opportunity 
to challenge the veracity of the assessments.'' See Securities 
Exchange Act Release No. 30001 (November 26, 1991), 56 FR 63529 
(order approving File No. SR-CBOE-90-06).
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    In addition to establishing a fee schedule, the CBOE proposes to 
issue a Regulatory Circular that will reaffirm the nature of CBOE 
market makers' RAES log-on and log-off responsibilities in respect of 
equity and SPX options classes and will describe the consequences that 
attach to any market maker's failure to observe these responsibilities. 
The Regulatory Circular addresses four points. First, CBOE Rules 
8.16(a)(iii) and 24.16(a)(iii) require any market maker who has logged 
onto RAES at a trading station on any given trading day to log off RAES 
whenever the market maker leaves the trading crowd for more than ``a 
brief interval.'' The Regulatory Circular interprets ``a brief 
interval'' to mean ``five consecutive minutes.'' Under this 
interpretation any market maker who signs onto RAES at a particular 
trading station during a trading session must log off the system prior 
to leaving that station for more than five consecutive minutes. The 
CBOE believes that this interpretation should eliminate ambiguity about 
the amount of time a market maker may be away from the trading crowd 
without signing off RAES.
    Second, the Regulatory Circular notes that graduated fees will be 
assessed under CBOE Rules 8.16(a) and 24.16(a) for failure to observe 
the RAES log-off requirement.
    Third, the Regulatory Circular reflects the MPC's designation 
pursuant to CBOE Rules 8.16(b) and 24.16(b) that the expiration month 
log-on requirements reflected in those rules will be enforced in all 
classes of equity and SPX options for which RAES is available. 
Accordingly, any market maker who has logged onto RAES in accordance 
with CBOE Rules 8.16(a) or 24.16(a) during an expiration month for a 
given class of options must log on whenever present at the applicable 
trading station, until expiration.
    Fourth, the Regulatory Circular reflects a determination by the 
MPC, pursuant to its authority under CBOE Rules 8.16(d) and 24.16(d), 
that any market maker who fails to meet the log-on requirements under 
CBOE Rules 8.16(b) or 24.16(b) ordinarily will be suspended from 
participation on RAES at the applicable trading station for a period of 
21 consecutive business days.\3\
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    \3\In contrast to this suspension provision, File No. SR-CBOE-
94-12 proposes that members who fail to observe the RAES log-on 
requirements for OEX options would be subject to a fee. The CBOE has 
determined that suspensions, not fees, are the appropriate 
mechanisms to promote compliance with RAES log-on requirements for 
equity and SPX options. The CBOE states that it may introduce fees 
for failures to observe the log-on requirements for equity and SPX 
options at a later date if experience so dictates.
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    The CBOE believes that the proposed rule change is consistent with 
Section 6(b) of the Act, in general, and furthers the objectives of 
Section 6(b)(5), in particular, in that it is designed to enable the 
CBOE to enforce compliance with the Act, to promote just and equitable 
principles of trade, and to protect investors and the public interest 
by assuring that equity and SPX options market makers are aware of and 
meet their responsibilities pertaining to RAES.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The CBOE does not believe that the proposed rule change will impose 
any burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reason for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:

    (a) By order approve such proposed rule change, or
    (b) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street NW., Washington, DC 20549. Copies 
of the submission, all subsequent amendments, all written statements 
with respect to the proposed rule change that are filed with the 
Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for inspection and copying at the 
Commission's Public Reference Section, 450 Fifth Street, NW., 
Washington, DC. Copies of such filing will also be available for 
inspection and copying at the principal office of the above-mentioned 
self-regulatory organization. All submissions should refer to the file 
number in the caption above and should be submitted by July 26, 1994.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
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    \4\17 CFR 200.30-3(a)(12) (1993).
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Jonathan G. Katz,
Secretary.
[FR Doc. 94-16186 Filed 7-1-94; 8:45 am]
BILLING CODE 8010-01-M