[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35200-35201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14311]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72388; File No. SR-CBOE-2014-049]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to the Fees Schedule

June 13, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 3, 2014, Chicago Board Options Exchange, Incorporated (the 
``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``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

    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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, the Exchange 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. The Exchange 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
    The Exchange always strives for clarity in its rules and Fees 
Schedule, so that market participants may best understand how rules and 
fees apply. As such, the Exchange proposes to make certain 
clarifications in its Fees Schedule. Currently, the ``Exception'' 
section of the Exchange's ``Linkage Fees'' table states: ``CBOE will 
not pass through or otherwise charge customer orders (of any size) 
routed to other exchanges that were originally transmitted to the 
Exchange from the trading floor through an Exchange-sponsored terminal 
(e.g. a Floor Broker Workstation).'' The Exchange proposes to add the 
phrase ``or PULSe Workstation'' into the parenthetical to clarify that 
CBOE will not pass through or otherwise charge customer orders routed 
to other exchanges that were originally transmitted to the Exchange 
from a PULSe Workstation (which, like a Floor Broker Workstation, is an 
Exchange-sponsored terminal on the trading floor).
    The Exchange also proposes to make certain clarifications relating 
to the Floor Brokerage Fees table. Currently, the Floor Brokerage Fees 
table sets forth the fees per contract for the following: (i) ``OEX, 
SPX and SPXpm Index Options'', (ii) ``OEX SPX and SPXpm Crossed 
Orders'', (iii), ``SROs'', (iv) ``SRO Crossed Orders'' (v) ``VIX, VXST 
and Volatility Index Options'', and (vi) ``VIX, VXST and Volatility 
Crossed Orders.'' The Exchange first proposes to reorganize the table 
to group together like products and alleviate potential confusion. 
Additionally, the Exchange proposes to clarify that the fees per 
contract listed for current references to ``OEX, SPX, SPXpm Index 
Options,'' ``SROS,'' and ``VIX, VXST and Volatility Index Options'' are 
fees for ``non-

[[Page 35201]]

crossed orders.'' Accordingly, the Exchange proposes to modify the 
Floor Brokerage Fees table to (i) group OEX, SPX and SPXpm Index 
Options together but explicitly differentiate between fees for ``Non-
Crossed Orders'' and ``Crossed Orders,'' (ii) group together SROs, but 
explicitly differentiate between fees for ``Non-Crossed Orders'' and 
``Crossed Orders,'' and (iii) group together VIX, VXST and Volatility 
Index Options but explicitly differentiate between ``Non-Crossed 
Orders'' and ``Crossed Orders.'' The Exchange notes that there is no 
change occurring in the amounts of the Floor Brokerage Fees. The 
Exchange believes reorganizing the Floor Brokerage Fees table and 
grouping together fees that apply to certain products, eliminates 
confusion regarding these fees and makes the Fees Schedule easier for 
investors to read.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\3\ Specifically, the 
Exchange believes the proposed rule change is consistent with Section 
6(b)(4) of the Act,\4\ which requires that Exchange rules provide for 
the equitable allocation of reasonable dues, fees, and other charges 
among its Trading Permit Holders and other persons using its 
facilities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed clarifications to the Fees 
Schedule will make the Fees Schedule easier to read and alleviate 
potential confusion. The alleviation of potential confusion will remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, protect investors and the 
public interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on intramarket competition that is not necessary or appropriate 
in furtherance of the purposes of the Act CBOE does not believe that 
the proposed rule change will impose any burden on intramarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed change to alleviate confusion is not 
intended for competitive reasons and applies to all market 
participants.

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \5\ and paragraph (f)(3) of Rule 19b-4 \6\ 
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. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(3).
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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 email to [email protected]. Please include 
File Number SR-CBOE-2014-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2014-049. This file 
number should be included on the subject line if email 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 
10:00 a.m. and 3:00 p.m. Copies of the 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 Number SR-CBOE-2014-049 and should be 
submitted on or before July 10, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14311 Filed 6-18-14; 8:45 am]
BILLING CODE 8011-01-P