[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Notices]
[Pages 44980-44981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21360]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-41727; File No. SR-CBOE-99-39]


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

August 11, 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 23, 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 
2.40).
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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 
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
    Pursuant to CBOE Rule 2.40, the Equity Floor Procedure Committee 
(``Committee'') approved the following fees for the following option 
classes:

------------------------------------------------------------------------
                                                            Order book
                                          Market-maker       official
             Option class                surcharge (per   brokerage rate
                                           contract)      (per contract)
                                                               \4\
------------------------------------------------------------------------
For Motor Company (F).................           $0.14            $0.00
------------------------------------------------------------------------
\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.

    The fee for Ford Motor Company will be effective as of August 2, 
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.
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.

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 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 with the

[[Page 44981]]

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 
submissions should refer to File No. SR-CBOE-99-39 and should be 
submitted by September 8, 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. 99-21360 Filed 8-17-99; 8:45 am]
BILLING CODE 8010-01-M