Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule, 62237-62239 [2014-24541]
Download as PDF
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
adequately demonstrated that the
proprietary data at issue in the case is
used to attract order flow. The Exchange
believes, however, that evidence not
then before the court clearly
demonstrates that availability of data
attracts order flow. Due to competition
among platforms, the Exchange intends
to improve its platform data offerings on
a continuing basis, and to respond
promptly to customers’ data needs.
The intensity of competition for
proprietary information is significant
and the Exchange believes that this
proposal itself clearly evidences such
competition. The Exchange is offering
AIS in order to keep pace with changes
in the industry and evolving customer
needs. It is entirely optional and is
geared towards attracting new Member
Applicants and customers. MIAX
competitors continue to create new
market data products and innovative
pricing in this space. The Exchange
expects to see firms challenge its pricing
on the basis of the Exchange’s explicit
fees being higher than the zero-priced
fees from other competitors such as
BATS. In all cases, the Exchange
expects firms to make decisions on how
much and what types of data to
consume on the basis of the total cost of
interacting with MIAX or other
exchanges. Of course, the explicit data
fees are only one factor in a total
platform analysis. Some competitors
have lower transactions fees and higher
data fees, and others are vice versa. The
market for this proprietary information
is highly competitive and continually
evolves as products develop and
change.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
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)(ii) of the Act.13 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 shall
institute proceedings to determine
13 15
U.S.C. 78s(b)(3)(A)(ii).
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
whether the proposed rule should be
approved or disapproved.
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:
62237
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–24540 Filed 10–15–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–73327; File No. SR–CBOE–
2014–072]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MIAX–2014–51 on the subject line.
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Fees
Schedule
Paper Comments
October 9, 2014.
• 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–MIAX–2014–51. 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 (https://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–MIAX–
2014–51 and should be submitted on or
before November 6, 2014.
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
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 October
1, 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.
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 (https://
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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\16OCN1.SGM
16OCN1
62238
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to amend its
Fees Schedule, to be effective October 1,
2014. Specifically, the Exchange
proposes to increase the Customer
Priority Surcharge fee assessed to
contracts executed in VIX volatility
index options (‘‘VIX options’’).
Currently, the VIX Customer Priority
Surcharge (‘‘Surcharge’’) is assessed on
all Customer (C) VIX contracts executed
electronically that are Maker and not
Market Turner. Additionally, the
surcharge is only assessed on such
contracts that have a premium of $0.11
or greater. The Exchange proposes to
increase the Surcharge from $0.05 per
contract to $0.10 per contract on such
contracts that have a premium of $0.11
or greater.
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 the Section
6(b)(5) 4 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitation transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. The
Exchange also believes the proposed
rule change is consistent with Section
6(b)(4) of the Act,5 which provides that
Exchange rules may provide for the
equitable allocation of reasonable dues,
fees, and other charges among its
Trading Permit Holders.
The Exchange believes that the VIX
Customer Priority Surcharge increase is
reasonable because the amount of the
new fee is within the range of
surcharges assessed for customer
transactions in other CBOE proprietary
3 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
5 15 U.S.C. 78f(b)(4).
4 15
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
products (for example customers are
currently assessed a $0.20 Hybrid 3.0
Execution Surcharge (which essentially
acts as a customer priority surcharge) in
SPX options).
The Exchange believes that it is
equitable and not unfairly
discriminatory to assess the VIX Priority
Surcharge to Customers and not other
market participants because Customers
are not subject to additional costs for
effecting transactions in VIX which are
applicable to other market participants,
such as license surcharges.
Additionally, Customers are not subject
to fees applicable to other market
participants such as connectivity fees
and fees relating to Trading Permits, and
are not subject to the same obligations
as other market participants, including
regulatory and compliance requirements
and quoting obligations. The Exchange
believes that it is equitable and not
unfairly discriminatory to only assess
the Surcharge to Maker Non-Turners
because the Exchange wants to
encourage improving the market
(‘‘turning’’).
The Exchange believes that it is
equitable and not unfairly
discriminatory to only assess this fee
when the contract premium is at least
$0.11 because the Exchange wants to
reduce costs on low priced VIX options
to encourage Customers to close and roll
over positions close to expiration at low
premium levels. Currently, such
Customers are less likely to do this
because the transaction fee is closer to
the premium level. The Exchange
believes that maintaining lowered fees
overall for VIX options trading with a
premium of $0.00–$0.10 will encourage
the trading of such options. As such, the
Exchange does not wish to assess
Customer Priority Surcharge on such
options in order to keep the costs low.
The Exchange believes that increasing
the customer priority surcharge for VIX
options and not VXST is equitable and
not unfairly discriminatory because
VXST is a relatively new product that
the Exchange has expended significant
resources in developing and believes
that not assessing a higher surcharge
will encourage trading in VXST.
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 because,
while different electronic transaction
fees are assessed to different market
participants, different market
participants have different obligations
and circumstances as noted above. The
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
Exchange believes that the proposal to
increase the surcharge amount assessed
to Customers for executions in VIX
contracts will not cause an unnecessary
burden on intermarket competition
because the proposed change was not
motivated by intermarket competition.
Additionally, VIX is only traded on
CBOE. To the extent that the proposed
changes make CBOE a more attractive
marketplace for market participants at
other exchanges, such market
participants are welcome to become
CBOE 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 6 and paragraph (f) 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. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2014–072 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.
6 15
7 17
E:\FR\FM\16OCN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
16OCN1
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
All submissions should refer to File
Number SR–CBOE-2014–072. 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 (https://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–
2014–072 and should be submitted on
or before November 6, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–24541 Filed 10–15–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73330; File No. SR–Phlx–
2014–64]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change to Options
Floor Procedure Advice F–27, Options
Exchange Official Rulings
October 9, 2014.
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 October
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
2, 2014, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to correct
Options Floor Procedure Advice
(‘‘Advice’’) F–27, Options Exchange
Official Rulings, by updating an
obsolete reference.
The text of the proposed rule change
is below; proposed new language is in
italics; proposed deletions are in
brackets.
*
*
*
*
*
F–27 Options Exchange Official
Rulings
Options Exchange Officials are
empowered to render rulings on the
trading floor to resolve trading disputes
occurring on and respecting activities
on the trading floor. All rulings
rendered by Options Exchange Officials
are effective immediately and must be
complied with promptly. Failure to
promptly comply with a ruling
concerning a trading dispute may result
in referral to the Business Conduct
Committee. Failure to promptly comply
with other rulings issued pursuant to
Order and Decorum Regulations or
Floor Procedure Advices and not
concerning a trading dispute may result
in an additional violation. Options
Exchange Officials need not render
decisions in any instance where the
request for a ruling was not made within
a reasonable period of time. An Options
Exchange Official should not render a
decision or authorize a citation where
such Options Exchange Official was
involved in or affected by the dispute,
as well as in any situation where the
Options Exchange Official is not able to
objectively and fairly render a decision.
Options Exchange Officials shall
endeavor to be prompt in rendering
decisions. However, in any instance
where an Options Exchange Official has
determined that the benefits of further
discovery as to the facts and
circumstances of any matter under
review outweigh the monetary risks of
a delayed ruling, the Options Exchange
Official may determine to delay
rendering the ruling until such time as
that further discovery is completed. In
issuing decisions for the resolution of
trading disputes, Options Exchange
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
62239
Officials shall institute the course of
action deemed by the ruling Options
Exchange Official to be more fair to all
parties under the circumstances at the
time. An Options Exchange Official may
direct the execution of an order on the
floor, or adjust the transaction terms or
participants to an executed order on the
floor. However, an Options Exchange
Official may nullify a transaction if they
determine the transaction to have been
in violation of Rule Rules 1014
(Obligations and Restrictions Applicable
to Specialists and Registered Options
Traders), Rule 1017 (Openings In
Options), Rule 1033 (Bids And OffersPremium) or Rule 1080 (Phlx XL and
Phlx XL II).
Exchange staff may determine that an
Options Exchange Official is ineligible
to participate in a particular ruling
where it appears that such Options
Exchange Official has a conflict of
interest. For purposes of this Rule, and
without limitation, a conflict of interest
exists where an Options Exchange
Official: (a) Is directly or indirectly
affiliated with a party seeking an
Options Exchange Official ruling; (b) is
a participant or is directly or indirectly
affiliated with a participant in a
transaction that is the subject of an
Options Exchange Official ruling; (c) is
a debtor or creditor of a party seeking
an Options Exchange Official ruling; or
(d) is an immediate family member of a
party seeking an Options Exchange
Official ruling. Exchange staff may
consider other circumstances, on a caseby-case basis, in determining the
eligibility or ineligibility of a particular
Options Exchange Official to participate
in a particular ruling due to a conflict
of interest.
All Options Exchange Official rulings
concerning the adjustment and
nullification of transactions are
reviewable by the [Referee (as defined in
Rule 124)] Market Operations Review
Committee.
(i)–(v) No change.
FINE SCHEDULE
$250.00
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
E:\FR\FM\16OCN1.SGM
16OCN1
Agencies
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62237-62239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24541]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73327; File No. SR-CBOE-2014-072]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule
October 9, 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 October 1, 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
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 (https://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
[[Page 62238]]
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 proposes to amend its Fees Schedule, to be effective
October 1, 2014. Specifically, the Exchange proposes to increase the
Customer Priority Surcharge fee assessed to contracts executed in VIX
volatility index options (``VIX options''). Currently, the VIX Customer
Priority Surcharge (``Surcharge'') is assessed on all Customer (C) VIX
contracts executed electronically that are Maker and not Market Turner.
Additionally, the surcharge is only assessed on such contracts that
have a premium of $0.11 or greater. The Exchange proposes to increase
the Surcharge from $0.05 per contract to $0.10 per contract on such
contracts that have a premium of $0.11 or greater.
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 the
Section 6(b)(5) \4\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
also believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\5\ which provides that Exchange rules may provide
for the equitable allocation of reasonable dues, fees, and other
charges among its Trading Permit Holders.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that the VIX Customer Priority Surcharge
increase is reasonable because the amount of the new fee is within the
range of surcharges assessed for customer transactions in other CBOE
proprietary products (for example customers are currently assessed a
$0.20 Hybrid 3.0 Execution Surcharge (which essentially acts as a
customer priority surcharge) in SPX options).
The Exchange believes that it is equitable and not unfairly
discriminatory to assess the VIX Priority Surcharge to Customers and
not other market participants because Customers are not subject to
additional costs for effecting transactions in VIX which are applicable
to other market participants, such as license surcharges. Additionally,
Customers are not subject to fees applicable to other market
participants such as connectivity fees and fees relating to Trading
Permits, and are not subject to the same obligations as other market
participants, including regulatory and compliance requirements and
quoting obligations. The Exchange believes that it is equitable and not
unfairly discriminatory to only assess the Surcharge to Maker Non-
Turners because the Exchange wants to encourage improving the market
(``turning'').
The Exchange believes that it is equitable and not unfairly
discriminatory to only assess this fee when the contract premium is at
least $0.11 because the Exchange wants to reduce costs on low priced
VIX options to encourage Customers to close and roll over positions
close to expiration at low premium levels. Currently, such Customers
are less likely to do this because the transaction fee is closer to the
premium level. The Exchange believes that maintaining lowered fees
overall for VIX options trading with a premium of $0.00-$0.10 will
encourage the trading of such options. As such, the Exchange does not
wish to assess Customer Priority Surcharge on such options in order to
keep the costs low.
The Exchange believes that increasing the customer priority
surcharge for VIX options and not VXST is equitable and not unfairly
discriminatory because VXST is a relatively new product that the
Exchange has expended significant resources in developing and believes
that not assessing a higher surcharge will encourage trading in VXST.
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 because, while different
electronic transaction fees are assessed to different market
participants, different market participants have different obligations
and circumstances as noted above. The Exchange believes that the
proposal to increase the surcharge amount assessed to Customers for
executions in VIX contracts will not cause an unnecessary burden on
intermarket competition because the proposed change was not motivated
by intermarket competition. Additionally, VIX is only traded on CBOE.
To the extent that the proposed changes make CBOE a more attractive
marketplace for market participants at other exchanges, such market
participants are welcome to become CBOE 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 \6\ and paragraph (f) 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2014-072 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.
[[Page 62239]]
All submissions should refer to File Number SR-CBOE-2014-072. 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 (https://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-2014-072 and should be
submitted on or before November 6, 2014.
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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24541 Filed 10-15-14; 8:45 am]
BILLING CODE 8011-01-P