[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 13003-13004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5277]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64007; File No. SR-CBOE-2011-021]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to PULSe Fees
March 2, 2011.
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 March 1, 2011, 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, II and III below, which Items have been prepared by CBOE. The
Exchange has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by CBOE under Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder.\4\ 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to amend its Fees Schedule to reduce an
away-market routing fee and extend a fee waiver related to the PULSe
workstation. The Exchange is also proposing to make a non-substantive
formatting change to its Fee Schedule. 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.
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.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this proposed rule change is to reduce an away-
market routing fee and extend a fee waiver related to the PULSe
workstation. The Exchange is also proposing to make a non-substantive
formatting change to its Fee Schedule.
By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of CBOE and CBOE Stock Exchange, LLC (``CBSX'').
In addition, the PULSe workstation provides a user with the capability
to send options orders to other U.S. options exchanges and stock orders
to other U.S. stock exchanges through a PULSe Routing Intermediary
(``away-market routing'').\5\
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\5\ For a more detailed description of the PULSe workstation and
its other functionalities, see, e.g., Securities Exchange Act
Release Nos. 62286 (June 11, 2010), 75 FR 34799 (June 18, 2010) (SR-
CBOE-2010-051) and 63721 (January 14, 2011), 76 FR 3929 (January 21,
2011) (SR-CBOE-2011-001).
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The first purpose of this proposed rule change is to reduce the
PULSe away market routing fee. Currently the fee is set at $0.10 per
executed contract or share equivalent. The Exchange is proposing to
reduce the fee to $0.05 per executed contract or share equivalent
effective March 1, 2011.
The second purpose of this proposed rule change is to extend the
waiver of the PULSe Routing Intermediary fee. Currently the Exchange
has waived the Routing Intermediary fee through March 31, 2011. The
Exchange is proposing to extend this waiver through June 30, 2011. Thus
this fee will be assessed beginning July 1, 2011.
Finally, the third purpose of this proposed rule change is to make
a non-substantive formatting change to its Fee Schedule. In particular,
the Fees Schedule currently contains references to fees for
Professional and Voluntary Professional transactions in S&P 500 Index
options series that trade on the Hybrid Trading System. Specifically,
the fee schedule references ``SPX Options Trading on Hybrid.'' The
Exchange is proposing to change these references to the trading symbol
for such options, which is simply ``SPXW.'' This change is non-
substantive and should simplify the Fees Schedule in a manner
consistent with other existing references to option trading symbols.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\6\ in general, and furthers the objectives of Section 6(b)(4) of
the Act,\7\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
Trading Permit Holders in that the same fees and fee waivers are
applicable to all Trading Permit Holders that use the PULSe
Workstation. In addition, the change of the references from SPX Options
Trading on Hybrid to the trading symbol SPXW should simplify the Fees
Schedule in a manner consistent with other existing references to
option trading symbols.
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\6\ 15 U.S.C. 78f(b).
\7\ 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
[[Page 13004]]
burden on competition that is 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 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 proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
\9\ thereunder.
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\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
\9\ 17 CFR 240.19b-4(f)(2).
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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.
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-2011-021 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-2011-021. 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 CBOE. 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-2011-021 and should be
submitted on or before March 30, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-5277 Filed 3-8-11; 8:45 am]
BILLING CODE 8011-01-P