[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Notices]
[Pages 36725-36726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17153]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-41573; File No. SR-CBOE-99-23]


Self-Regulatory Organizations; Filing and Immediate Effectiveness 
of Proposed Rule Change by the Chicago Board Options Exchange, Inc. 
Relating to Fees for Delayed Submission of Trade Information

June 28, 1999.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on June 8, 1999, the Chicago 
Board Options Exchange, Inc. (``CBOE'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items, I, II, and III below, which Items have 
been prepared by the CBOE. The Exchange has designated the proposed 
rule change as one satisfying the requirements of paragraph (f)(6) of 
Rule 19b-4 under the Act,\2\ which renders the proposal effective upon 
receipt of this filing by the Commission.\3\ 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\ 17 CFR 240.19b-4(f)(6).
    \3\ Pursuant to Rule 19b-4(f)(6), the Exchange has represented 
that the proposed rule change: (i) will not significantly affect the 
protection of investors or the public interest; (ii) will not impose 
any significant burden on competition; and (iii) will not become 
operative for 30 days after the date of this filing, unless 
otherwise accelerated by the Commission. The Exchange also has 
provided at least five business days notice to the Commission of its 
intent to file this proposed rule change, as required by Rule 19b-
4(f)(6) under the Act. Id.
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The CBOE proposes to amend Rule 2.30 relating to fees for delayed 
submission of trade information. The text of the proposed rule change 
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 CBOE 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 CBOE has prepared summaries, set forth in Section 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 purpose of the proposed rule change is to amend CBOE Rule 2.30 
to provide that the appropriate Clearing Procedure Committee 
(``Committee'') may determine, with due notice, the date when certain 
time reductions will go into effect for delayed submission of trade 
match information. Under the current rule, approved by the Commission 
in November 1998,\4\ trade match submission time is reduced in three 
phases from two (2) hours down to one (1) hour over a period of six 
months. The rule states that the first time reduction will go into 
effect on January 1, 1999, and will require timely trade submission to 
be within ninety (90) minutes of execution. The next reduction was 
scheduled to go into effect on April 1, 1999, and would require timely 
trade submission to be within seventy five (75) minutes of execution. 
Finally, from July 1, 1999, forward, the Exchange would have required 
that timely trade submission be within one (1) hour of execution.
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    \4\ See Securities Exchange Act Release No. 40729 (November 30, 
1998), 63 FR 67956 (December 9, 1998).
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    Due to a discrete system problem affecting the trade match system 
since the inception of this Rule, the Exchange has applied an exception 
under CBOE Rule 2.30(f)(1)(C)(ii), Extenuating

[[Page 36726]]

Circumstances, which excepts members from incurring a fee for delayed 
trade submission. The Exchange notified its membership of this 
exception in January 1999. Since that time, the Exchange has waived any 
fees that members would have incurred for delayed submission of trade 
information. Also, since January, the Exchange continued to believe 
that these systems problems would be corrected imminently and the fee 
would be reinstated on the time schedule as stated in the Rule.
    The Exchange now believes that this systems problem is corrected, 
and would like to begin charging the fee to members. The Exchange feels 
strongly, however, that members should not be held to the 75 minute 
time allotment which is to be in effect under the Rule because the 90 
minutes time allotment for delayed trade submission was never in 
effect. The Exchange would like to go back to the original time 
schedule of phasing in the reduction, but without the dates stated in 
the Rule. The Exchange proposes to allow the appropriate Committee, 
with appropriate notice to the membership, to determine when the 
reductions go into effect. The Exchange proposes that the Committee 
give the membership 30 days notice to phase in the three reductions, 
and that the Committee mandate each reduction to be not less than three 
months in duration. The first reduction will go into effect as soon as 
possible after this rule filing is operative, and notice will be given 
in the form of a regulatory circular that will go out to the membership 
with 30 days notice. In the meantime, the Exchange does not intend to 
hold the membership to the standards of the Rule pending effectiveness 
of this proposed change. CBOE states this proposed change will give the 
Committee the flexibility to best manage the time reductions and 
delayed implementation of the next phase if unforeseen circumstances 
occur.
2. Statutory Basis
    The Exchange finds that the proposed rule change is consistent with 
Section 6(b) \5\ of the Act in general and further the objectives of 
Section 6(b)(5) \6\ in particular in that it will promote just and 
equitable principles of trade, protect investors and the public 
interest, and remove impediments to and perfect the mechanisms of a 
free and open market.\7\
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ In reviewing this proposal, the Commission has considered 
the proposed rules' impact on efficiency, competition, and capital 
formation. 15 U.S.C. 78c(f).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    This proposed rule filing has been filed by the Exchange pursuant 
to Section 19(b)(3)(A)(iii) of the Act\8\ and subparagraph (f)(6) of 
Rule 19b-4 thereunder.\9\ Consequently, because the foregoing proposed 
rule change: (1) does not significantly affect the protection of 
investors or the public interest; (2) does not impose any significant 
burden on competition; and (3) does not become operative until July 8, 
1999, 30 days from June 8, 1999, the date on which it was filed, and 
the Exchange provided the Commission with written notice of its intent 
to file the proposed rule change at least five days prior to the filing 
date, it has become effective pursuant to Section 19(b)(3)(A) of the 
Act and Rule 19b-4(f)(6) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate 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.

IV. Solicitation of Comments

    Interested person are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-
0609. 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 Room. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
CBOE. All submission should refer to File No. SR-CBOE-99-23 and should 
be submitted by July 28, 1999.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-17153 Filed 7-6-99; 8:45 am]
BILLING CODE 8010-01-M