[Federal Register Volume 64, Number 163 (Tuesday, August 24, 1999)]
[Notices]
[Pages 46220-46221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21866]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-41746; File No. SR-CBOE-99-41]


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 16, 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 30, 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. On August 3, 
1999, the CBOE filed with the Commission Amendment No. 1 to the 
proposed rule change.\3\ The Commission is publishing this notice to 
solicit comments on the proposed rule change, as amended, from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1, notes that General Dynamics options became 
multiply-listed on August 2, 1999, and proposes that the surcharge 
take effect on that date. See letter from Stephanie Mullins, 
Attorney, CBOE, to Michael Walinskas, Associate Director, Division 
of Market Regulation, Commission, dated August 2, 1999 (``Amendment 
No. 1'').
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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.\4\
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    \4\ 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 purposed 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 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

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 brokerage
          Option class              surcharge (per         rate (per
                                       contract)         contract) \5\
------------------------------------------------------------------------
General Dynamics Corporation                   $0.07               $0.00
 (GD)...........................
------------------------------------------------------------------------
\5\ 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 will be effective as of August 2, 1999.\6\ This fee 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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    \6\ See Amendnent No. 1.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) \7\ 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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    \7\ 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

[[Page 46221]]

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 imposed by the Exchange and, therefore, has become effective 
pursuant to Section 19(b)(3)(A)(ii) \8\ of the Act and subparagraph 
(f)(2) of Rule 19b-4 thereunder.\9\ At any time within 60 days of the 
filing of the proposed rule change,\10\ 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.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii)
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ The proposed rule change is deemed filed as of the date 
Amendment No. 1 was received by the Commission.
    \11\ 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-99-41 and should 
be submitted by September 14, 1999.

    For the commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-21866 Filed 8-23-99; 8:45 am]
BILLING CODE 8010-01-M