[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78282-78283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31437]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63472; File No. SR-CBOE-2010-103]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Amend Its Fees Schedule and Circular Regarding Trading 
Permit Holder Application and Other Related Fees

December 8, 2010.
    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 November 30, 2010, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by 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

    Chicago Board Options Exchange, Incorporated (``CBOE'' or 
``Exchange'') proposes to amend its Fees Schedule and circular 
regarding Trading Permit Holder application and other related fees 
(``Trading Permit Fee Circular'') as they apply to the description of a 
Market-Maker Trading Permit. The text of the proposed rule change is 
available on the Exchange's Web site http://www.cboe.org/legal/, at the 
Exchange's Office of the Secretary, 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 on 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.

[[Page 78283]]

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

1. Purpose
    CBOE is proposing to amend the Market-Maker Trading Permit 
description in its Fees Schedule and Trading Permit Fee Circular to 
accommodate the listing of series on the Hybrid Trading System, in a 
class that is typically traded on the Hybrid 3.0 Platform.\3\ 
Currently, the bandwidth allowance associated with a Market-Maker 
Trading Permit where the Trading Permit Holder maintains an appointment 
in a Hybrid 3.0 class is proportionately reduced to [sic] by the 
appointment cost of the class. However, if a Market-Maker is able to 
submit electronic quotes in a Hybrid 3.0 class, such as a Lead Market-
Maker that streams quotes in the class, the Market-Maker shall receive 
the quoting bandwidth allowance attributable to that Hybrid 3.0 class 
to quote in, and only in, that class.
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    \3\ CBOE Rule 1.1(aaa) provides that the `` `Hybrid Trading 
System' refers to the Exchange's trading platform that allows 
Market-Makers to submit electronic quotes in their appointed 
classes. `Hybrid 3.0 Platform' is an electronic trading platform on 
the Hybrid Trading System that allows one or more quoters to submit 
electronic quotes which represent the aggregate Market-Maker quoting 
interest in a series for the trading crowd * * * Classes authorized 
by the Exchange for trading on the Hybrid 3.0 Platform shall be 
referred to as Hybrid 3.0 classes.''
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    To accommodate the listing of series on the Hybrid Trading System 
in a class that is considered to be a Hybrid 3.0 class, CBOE is 
proposing the following changes effective December 1, 2010. First, 
because there is only one product that trades on Hybrid 3.0 (the S&P 
500 Index option class or ``SPX''), and the appointment cost for that 
class is 1.0, CBOE is proposing to delete the provision in the CBOE 
Fees Schedule and the Trading Permit Fee Circular that reduces [sic] 
amount of quoting bandwidth proportionate to the appointment cost 
allocated to Market-Maker Trading Permit Holders that maintain an 
appointment in a Hybrid 3.0 class and CBOE is proposing to delete the 
language referencing the bandwidth allowance ``attributable to that 
class.'' Second, CBOE is proposing to add language to the description 
in both the Fees Schedule and the Trading Permit Fee Circular to 
specifically reference series traded on the Hybrid Trading System 
within a Hybrid 3.0 class. The allocated bandwidth allowance will 
continue to be limited to quoting only in that class. For example, if a 
particular series of SPX trades on the Hybrid Trading System, a Market-
Maker Trading Permit Holder with an appointment in SPX may only use its 
allocated bandwidth to trade in SPX.
2. Statutory Basis
    The proposed rule change will treat all Market-Maker Trading Permit 
Holders with an appointment in a Hybrid 3.0 class in a consistent 
manner. Accordingly, the Exchange believes that the proposed rule 
change is consistent with Section 6(b) of the Act,\4\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \5\ in 
particular, in that it is designed to provide for the equitable 
allocation of reasonable dues, fees, and other charges among persons 
using its facilities for the reasons described above.
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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 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

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

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

    The foregoing rule has become effective pursuant to Section 
19(b)(3)(A) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4 \7\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend 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. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml; or
     Send an e-mail to [email protected]. Please include 
File Number SR-CBOE-2010-103 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2010-103. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site http://www.sec.gov/rules/sro.shtml. 
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 Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street, NE., Washington, 
DC 20549, on official business days between the hours of 10 a.m. and 3 
p.m. Copies of such filing also will be available for inspection and 
copying at the principal office of the Exchange. All comments received 
will be posted without change; the Commission does not edit personal 
identifying information from submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-CBOE-2010-103 and should be submitted on or 
before January 5, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31437 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P