[Federal Register Volume 67, Number 7 (Thursday, January 10, 2002)]
[Notices]
[Pages 1382-1383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-597]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-45231; File No. SR-CBOE-2001-73]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Chicago Board Options 
Exchange, Incorporated to Delete a Previously Proposed Fee for 
Excessive RFQs on Its New Screen-Based Trading System

January 3, 2002.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice hereby is given that 
on December 27, 2001, the Chicago Board Options Exchange, Incorporated 
(``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 
Exchange. 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

    CBOE proposes to modify the fee schedule for the Exchange's new 
screen-based trading platform by deleting a previously proposed fee for 
excessive requests for quote (``RFQs''). The text of the proposed rule 
change is available at the principal office of the Exchange and at the 
Commission's Public Reference Room.

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

    In its filing with the Commission, CBOE included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received regarding the proposed rule change. 
The text of these statements may be examined at the places specified in 
Item IV below. 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
    CBOE proposes to delete a previously proposed fee for excessive 
RFQs applicable to the Exchange's new screen-based trading system, 
CBOEdirect.
    CBOdirect is CBOE's new options trading engine. A component of 
trading on CBOEdirect is the RFQ process (although CBOE market-makers 
may be required to provide continuous two-sided markets in products 
traded on the system). RFQs generally provide a mechanism for gauging 
the marketing in a particular option series in connection with 
effecting a trade in such series. Because the RFQ process is not meant 
to serve exclusively as an unlimited price discovery mechanism, CBOE 
intends to adopt an excessive RFQ fee to help protect the CBOEdirect 
system.
    CBOE originally submitted an excessive RFQ fee in SR-CBOE-2001-
57.\3\ CBOE now seeks to delete that excess RFQ fee from its fee 
schedule in order to reevaluate how it intends to structure the fee. 
CBOE has represented that it expects to submit a new fee that will 
assist in addressing the costs associated with excessive RFQs in the 
near future.
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    \3\ See Securities Exchange Act Release No. 45075 (November 19, 
2001), 66 FR 59038 (November 26, 2001).
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2. Statutory Basis
    CBOE believes that the proposed rule change is consistent with 
section 6(b) of the Act \4\ in general and section 6(b)(4) \5\ in 
particular, in that it is designed to provide for the equitable 
allocation of reasonable dues, fees, and other charges among CBOE 
members.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change would impose 
any burden on competition not necessary or appropriate in furtherance 
of purposes of the Act.

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

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

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

    CBOE represents that the proposed 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) of the 
Act \6\ and subparagraph (f)(2) of Rule 19b-4 thereunder.\7\ At any 
time within 60 days of the filing of such 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.
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    \6\ 15 U.S.C. 78s(b)(3)(A)..
    \7\ 17 CFR 240.19b-4(f)(2)..
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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 will also be 
available for inspection and copying at the principal office of the 
Exchange. All submissions should refer to File No. SR-CBOE-2001-73 and 
should be submitted by January 31, 2002.


[[Page 1383]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.20-3(a)(12).

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-597 Filed 1-9-02; 8:45 am]
BILLING CODE 8010-01-M