[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Notices]
[Pages 41984-41985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19717]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-41650; File No. SR-CBOE-99-36]


Self-Regulatory Organizations; Filing and Immediate Effectiveness 
of Proposed Rule Change by the Chicago Board Options Exchange, Inc. 
Relating to the Market-Maker Surcharge Fee Schedule

July 26, 1999.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 2, 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 
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.
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The CBOE is proposing to make changes to its fee schedule pursuant 
to CBOE Rule 2.40, Market-Maker Surcharge for Brokerage.\3\
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    \3\ See Securities Exchange Act Release No. 41121 (February 26, 
1999), 64 FR 11523 (March 9, 1999) (order approving CBOE Rule 240).
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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 as the places specified in 
Item IV below. The CBOE has prepared summaries, set forth in Sections 
A, B, and C below, 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
    Pursuant to CBOE Rule 240, the Equity Floor Procedure Committee 
(``Committee'') approved the following fees for the following option 
classes:

------------------------------------------------------------------------
                                                            Order book
                                           Market-maker      official
              Option class                   surcharge    brokerage rate
                                          (per contract)        (per
                                                           contract) \4\
------------------------------------------------------------------------
E*Trade Group (QGR).....................           $0.20           $0.00
Priceline.com Inc.......................            0.10            0.00
------------------------------------------------------------------------

    The  fee for Priceline.com will be effective as of July 8, 1999, 
and the fee for E*Trade Group will be effective on July 1, 1999. All of 
the fees will remain in effect until such time as the Committee or the 
Board determines to change these fees and files the appropriate rule 
change with the Commission.
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    \4\ The surcharge will be used to reimburse the Exchange for the 
reduction in the Order Book Official brokerage rate from $0.20 in 
the relevant option classes. Any remaining funds will be paid to 
Stationary Floor Brokers as provided in Exchange Rule 2.40.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) \5\ of the Act because it is designed to provide for 
the equitable allocation of reasonable dues, fees, and other charges 
among its members.
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    \5\ 15 U.S.C. 78f(b)(4).
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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 burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

[[Page 41985]]

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

    Written comments on the proposed rule change were neither solicited 
nor received.

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

    The foregoing rule change establishes or changes a due, fee, or 
other charge imposed by the Exchange and, therefore, has become 
effective pursuant to Section 19(b)(3)(A)(ii) \6\ of the Act and 
subparagraph (f)(2) of Rule 19b-4 thereunder.\7\ 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.\8\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
    \8\ In reviewing this proposal, the Commission has considered 
the proposal's impact on efficiency, competition, and capital 
formation. 15 U.S.C. 78c(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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 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 submissions should refer to File No. SR-CBOE-99-36 and should 
be submitted by August 23, 1999.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
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    \9\17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-19717 Filed 7-30-99; 8:45 am]
BILLING CODE 8010-01-M