Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend the Fees Schedule, 38489-38491 [2015-16411]
Download as PDF
Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices
day time period. In order to provide the
Commission with sufficient time to
consider the proposed rule change, the
Commission finds it is appropriate to
designate a longer period within which
to take action on the proposed rule
change.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,5
designates August 13, 2015, as the date
by which the Commission should either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–ICEEU–2015–009).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–16410 Filed 7–2–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
Lhorne on DSK7TPTVN1PROD with NOTICES
June 26, 2015.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of June 2015.
A copy of each application may be
obtained via the Commission’s Web site
by searching for the file number, or for
an applicant using the Company name
box, at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090. An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on July
21, 2015, and should be accompanied
by proof of service on applicants, in the
form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule
0–5 under the Act, hearing requests
should state the nature of the writer’s
interest, any facts bearing upon the
desirability of a hearing on the matter,
the reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
6 17
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
VerDate Sep<11>2014
14:37 Jul 02, 2015
Jkt 235001
FOR FURTHER INFORMATION CONTACT:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Chief Counsel’s Office, 100 F Street NE.,
Washington, DC 20549–8010.
First Trust Floating Rate High Income
Fund [File No. 811–22510]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant has
never made a public offering of its
securities and does not propose to make
a public offering or engage in business
of any kind.
Filing Date: The application was filed
on June 17, 2015.
Applicant’s Address: 120 East Liberty
Drive, Suite 400, Wheaton, IL 60187.
BlackRock Pennsylvania Strategic
Municipal Trust [File No. 811–9417]
[Release No. IC–31698]
5 15
The Commission: Brent J.
Fields, Secretary, U.S. Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090.
ADDRESSES:
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant
transferred its assets to BlackRock
MuniYield Pennsylvania Quality Fund,
and effective April 13, 2015, made
distributions to its shareholders based
on net asset value. Expenses of
approximately $297,589 incurred in
connection with the reorganization were
paid by applicant.
Filing Date: The application was filed
on June 11, 2015.
Applicant’s Address: 100 Bellevue
Parkway, Wilmington, DE 19809.
Campbell Multi-Strategy Trust [File No.
811–21803]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On June 23, 2015,
applicant made a final liquidating
distribution to its shareholders, based
on net asset value. Applicant has
retained approximately $2,416,000 in
cash and cash equivalent reserves to
cover potential outstanding liabilities in
the amount of $2,416,421. Any reserves
not required to pay such liabilities will
be distributed to shareholders. Expenses
of approximately $76,289 incurred in
connection with the liquidation were
paid by shareholders.
Filing Date: The application was filed
on June 24, 2015.
Applicant’s Address: 2850 Quarry
Lake Dr., Baltimore, MD 21209.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
38489
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–16409 Filed 7–2–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75321; File No. SR–CBOE–
2015–059]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change to Amend the Fees
Schedule
June 29, 2015.
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 15,
2015, 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
1 15
2 17
E:\FR\FM\06JYN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
06JYN1
38490
Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices
the most significant aspects of such
statements.
Lhorne on DSK7TPTVN1PROD with NOTICES
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. Specifically, the
Exchange proposes to amend fees for
Qualified Contingent Cross (‘‘QCC’’)
transactions. A QCC order is comprised
of an order to buy or sell at least 1,000
contracts (or 10,000 mini-option
contracts) that is identified as being part
of a qualified contingent trade, coupled
with a contra side order to buy or sell
an equal number of contracts. Currently,
the Exchange assesses no fee for
Customer (‘‘C’’ origin) QCC transactions
and $0.20 per contract side for Clearing
Trading Permit Holder Proprietary (‘‘F’’
or ‘‘L’’ origin code) QCC transactions, as
well as Broker-Dealer, Non-Trading
Permit Holder Market Maker,
Professional/Voluntary Professional and
Joint Back-Office QCC transactions.
Additionally, Market-Maker QCC
transactions are subject to the Liquidity
Provider Sliding Scale. In lieu of the
current QCC transaction fees stated
above, the Exchange proposes to
establish a transaction fee for all noncustomer QCC orders of $0.15 per
contract side (customer orders will
continue to not be assessed a charge). In
addition, the Exchange proposes to
adopt a $0.10 per contract credit for the
initiating order side, regardless of origin
code. The Exchange proposes to
explicitly provide in the Fees Schedule
that a QCC transaction is comprised of
an ‘initiating order’ to buy (sell) at least
1,000 contracts, coupled with a contraside order to sell (buy) an equal number
of contracts and that for complex QCC
transactions, the 1,000 contracts
minimum is applied per leg. The
‘initiating order’ is considered to be the
agency side of a QCC order. The
Exchange notes that with regard to order
entry, the first order submitted into the
system is marked as the initiating/
agency side and the second order is
marked as the contra side. The credit
will be paid to the Trading Permit
Holder that enters the order into the
system. The purpose of these changes is
to incentivize the sending of QCC orders
to the Exchange. The Exchange notes
that another Exchange similarly
provides rebates on QCC initiating
orders.3 The Exchange also notes that no
3 See International Securities Exchange, LLC
(‘‘ISE’’) Schedule of Fees, Section IV(A), QCC and
Solicitation Rebate, which provides for rebates
between $0.05 per QCC contract and $0.11 per QCC
VerDate Sep<11>2014
14:37 Jul 02, 2015
Jkt 235001
changes to transaction fees for QCC
mini-option orders are being proposed
at this time.
Finally, the Exchange proposes to
eliminate references to QCC fees in the
Equity, ETF and ETN options rate
tables, and instead establish a QCCspecific rate table. No substantive
changes, other than those mentioned
above, are being made by the
reorganization and relocation of QCCrelated transaction fees. Rather, the
Exchange believes the proposed change
will make the Fees Schedule easier to
read and alleviate potential confusion.
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.4 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 5 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.
Additionally, the Exchange believes the
proposed rule change is consistent with
Section 6(b)(4) of the Act,6 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.
In particular, the Exchange believes
the proposed transaction fee for QCC
orders is reasonable because the
proposed amount is in line with the
amount assessed at other Exchanges for
similar transactions.7 Additionally, the
proposed fee would be charged to all
non-customers alike. Assessing QCC
rates to all market participants except
customers is equitable and not unfairly
discriminatory because Customer order
contract for each originating contract side based
upon meeting certain volume thresholds.
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
6 15 U.S.C. 78f(b)(4).
7 See e.g., NYSE Arca, Inc. (‘‘Arca’’) Options Fees
Schedule, Qualified Contingent Cross Transaction
Fees and NASDAQ OMX PHLX LLC (‘‘PHLX’’)
Pricing Schedule, Section II, Multiply Listed
Options Fees.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
flow enhances liquidity on the
Exchange for the benefit of all market
participants. Specifically, Customer
liquidity benefits all market participants
by providing more trading
opportunities, which attracts MarketMakers. An increase in the activity of
these market participants in turn
facilitates tighter spreads, which may
cause an additional corresponding
increase in order flow from other market
participants. By exempting customer
orders, the QCC transaction fees will not
discourage the sending of customer
orders.
The Exchange believes the $0.10 per
contract credit for the initiating order
side of a QCC transaction is reasonable
because another Exchange also provides
a rebate on the initiating order side.8
Additionally, the proposed credit
amount is within the range of the rebate
amounts at the other Exchange.9 The
Exchange believes the proposed credit is
equitable and not unfairly
discriminatory because it applies to all
Trading Permit Holders that enter the
initiating order, regardless of origin
code and because it is intended to
incentivize the sending of more QCC
orders to the Exchange. Clarifying in the
Fees Schedule that (i) a QCC transaction
is comprised of an ‘initiating order’ to
buy (sell) at least 1,000 contracts,
coupled with a contra-side order to sell
(buy) an equal number of contracts, (ii)
for complex QCC transactions, the 1,000
contracts minimum is applied per leg
and (iii) the ‘initiating order’ is
considered to be the agency side of a
QCC order informs market participants
and alleviates potential confusion.
Clarifying that the credit will be paid to
the Trading Permit Holder that enters
the order into the system also alleviates
confusion. The alleviation of potential
confusion thereby removes
impediments to and perfects the
mechanism of a free and open market
and a national market system, and, in
general, protecting investors and the
public interest.
Finally, the Exchange believes
reorganizing and relocating QCC related
transaction fees (and credits) makes the
Fees Schedule easier to read and
alleviates potential confusion, thereby
removing impediments to and
perfecting the mechanism of a free and
open market and a national market
system, and, in general, protecting
investors and the public interest.
8 See ISE Schedule of Fees, Section IV(A), QCC
and Solicitation Rebate.
9 Id.
E:\FR\FM\06JYN1.SGM
06JYN1
Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices
Electronic Comments
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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 the
proposes rule change applies to all
Trading Permit Holders. The Exchange
believes this proposal will not cause an
unnecessary burden on intermarket
competition because the proposed
changes will actually enhance the
competiveness of the Exchange relative
to other exchanges which offer
comparable fees and rebates for QCC
transactions.10 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 11 and paragraph (f) of Rule
19b–4 12 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.
Lhorne on DSK7TPTVN1PROD with NOTICES
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:
• 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–2015–059 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–2015–059. 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 such
filing will also 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–
2015–059 and should be submitted on
or before July27, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–16411 Filed 7–2–15; 8:45 am]
BILLING CODE 8011–01–P
e.g. , ISE Schedule of Fees, Section IV(A),
QCC and Solicitation Rebate and PHLX Pricing
Schedule, Section II, Multiply Listed Options Fees.
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f).
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75329; File No. SR–ICEEU–
2015–012]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to the
Delivery Procedures
June 29, 2015.
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 June 16,
2015, ICE Clear Europe Limited (‘‘ICE
Clear Europe’’) 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 primarily by ICE Clear Europe.
ICE Clear Europe filed the proposal
pursuant to Section 19(b)(3)(A) of the
Act,3 and Rules 19b–4(f)(4)(i) and (ii) 4
thereunder, so that the proposal was
effective upon filing with the
Commission. 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
ICE Clear Europe proposes
amendments to its Delivery Procedures
with respect to the settlement of certain
European emissions allowance and
cocoa futures contracts that are
currently traded on ICE Futures Europe
and cleared by ICE Clear Europe. The
proposed rule change also makes certain
clarifications and updates to the
Complaint Resolution Procedures.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICE
Clear Europe included statements
concerning the purpose of and basis for
the proposed rule change. The text of
these statements may be examined at
the places specified in Item IV below.
ICE Clear Europe has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
10 See
VerDate Sep<11>2014
14:37 Jul 02, 2015
Jkt 235001
PO 00000
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4)(i) and (ii).
2 17
13 17
CFR 200.30–3(a)(12).
Frm 00065
Fmt 4703
Sfmt 4703
38491
E:\FR\FM\06JYN1.SGM
06JYN1
Agencies
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38489-38491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16411]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75321; File No. SR-CBOE-2015-059]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Amend the Fees Schedule
June 29, 2015.
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 15, 2015, 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 38490]]
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. Specifically, the
Exchange proposes to amend fees for Qualified Contingent Cross
(``QCC'') transactions. A QCC order is comprised of an order to buy or
sell at least 1,000 contracts (or 10,000 mini-option contracts) that is
identified as being part of a qualified contingent trade, coupled with
a contra side order to buy or sell an equal number of contracts.
Currently, the Exchange assesses no fee for Customer (``C'' origin) QCC
transactions and $0.20 per contract side for Clearing Trading Permit
Holder Proprietary (``F'' or ``L'' origin code) QCC transactions, as
well as Broker-Dealer, Non-Trading Permit Holder Market Maker,
Professional/Voluntary Professional and Joint Back-Office QCC
transactions. Additionally, Market-Maker QCC transactions are subject
to the Liquidity Provider Sliding Scale. In lieu of the current QCC
transaction fees stated above, the Exchange proposes to establish a
transaction fee for all non-customer QCC orders of $0.15 per contract
side (customer orders will continue to not be assessed a charge). In
addition, the Exchange proposes to adopt a $0.10 per contract credit
for the initiating order side, regardless of origin code. The Exchange
proposes to explicitly provide in the Fees Schedule that a QCC
transaction is comprised of an `initiating order' to buy (sell) at
least 1,000 contracts, coupled with a contra-side order to sell (buy)
an equal number of contracts and that for complex QCC transactions, the
1,000 contracts minimum is applied per leg. The `initiating order' is
considered to be the agency side of a QCC order. The Exchange notes
that with regard to order entry, the first order submitted into the
system is marked as the initiating/agency side and the second order is
marked as the contra side. The credit will be paid to the Trading
Permit Holder that enters the order into the system. The purpose of
these changes is to incentivize the sending of QCC orders to the
Exchange. The Exchange notes that another Exchange similarly provides
rebates on QCC initiating orders.\3\ The Exchange also notes that no
changes to transaction fees for QCC mini-option orders are being
proposed at this time.
---------------------------------------------------------------------------
\3\ See International Securities Exchange, LLC (``ISE'')
Schedule of Fees, Section IV(A), QCC and Solicitation Rebate, which
provides for rebates between $0.05 per QCC contract and $0.11 per
QCC contract for each originating contract side based upon meeting
certain volume thresholds.
---------------------------------------------------------------------------
Finally, the Exchange proposes to eliminate references to QCC fees
in the Equity, ETF and ETN options rate tables, and instead establish a
QCC-specific rate table. No substantive changes, other than those
mentioned above, are being made by the reorganization and relocation of
QCC-related transaction fees. Rather, the Exchange believes the
proposed change will make the Fees Schedule easier to read and
alleviate potential confusion.
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.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ 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. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\6\ 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.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
\6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
In particular, the Exchange believes the proposed transaction fee
for QCC orders is reasonable because the proposed amount is in line
with the amount assessed at other Exchanges for similar
transactions.\7\ Additionally, the proposed fee would be charged to all
non-customers alike. Assessing QCC rates to all market participants
except customers is equitable and not unfairly discriminatory because
Customer order flow enhances liquidity on the Exchange for the benefit
of all market participants. Specifically, Customer liquidity benefits
all market participants by providing more trading opportunities, which
attracts Market-Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may cause an
additional corresponding increase in order flow from other market
participants. By exempting customer orders, the QCC transaction fees
will not discourage the sending of customer orders.
---------------------------------------------------------------------------
\7\ See e.g., NYSE Arca, Inc. (``Arca'') Options Fees Schedule,
Qualified Contingent Cross Transaction Fees and NASDAQ OMX PHLX LLC
(``PHLX'') Pricing Schedule, Section II, Multiply Listed Options
Fees.
---------------------------------------------------------------------------
The Exchange believes the $0.10 per contract credit for the
initiating order side of a QCC transaction is reasonable because
another Exchange also provides a rebate on the initiating order
side.\8\ Additionally, the proposed credit amount is within the range
of the rebate amounts at the other Exchange.\9\ The Exchange believes
the proposed credit is equitable and not unfairly discriminatory
because it applies to all Trading Permit Holders that enter the
initiating order, regardless of origin code and because it is intended
to incentivize the sending of more QCC orders to the Exchange.
Clarifying in the Fees Schedule that (i) a QCC transaction is comprised
of an `initiating order' to buy (sell) at least 1,000 contracts,
coupled with a contra-side order to sell (buy) an equal number of
contracts, (ii) for complex QCC transactions, the 1,000 contracts
minimum is applied per leg and (iii) the `initiating order' is
considered to be the agency side of a QCC order informs market
participants and alleviates potential confusion. Clarifying that the
credit will be paid to the Trading Permit Holder that enters the order
into the system also alleviates confusion. The alleviation of potential
confusion thereby removes impediments to and perfects the mechanism of
a free and open market and a national market system, and, in general,
protecting investors and the public interest.
---------------------------------------------------------------------------
\8\ See ISE Schedule of Fees, Section IV(A), QCC and
Solicitation Rebate.
\9\ Id.
---------------------------------------------------------------------------
Finally, the Exchange believes reorganizing and relocating QCC
related transaction fees (and credits) makes the Fees Schedule easier
to read and alleviates potential confusion, thereby removing
impediments to and perfecting the mechanism of a free and open market
and a national market system, and, in general, protecting investors and
the public interest.
[[Page 38491]]
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange 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 the proposes rule
change applies to all Trading Permit Holders. The Exchange believes
this proposal will not cause an unnecessary burden on intermarket
competition because the proposed changes will actually enhance the
competiveness of the Exchange relative to other exchanges which offer
comparable fees and rebates for QCC transactions.\10\ 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.
---------------------------------------------------------------------------
\10\ See e.g. , ISE Schedule of Fees, Section IV(A), QCC and
Solicitation Rebate and PHLX Pricing Schedule, Section II, Multiply
Listed Options Fees.
---------------------------------------------------------------------------
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 \11\ and paragraph (f) of Rule 19b-4 \12\
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.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 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-2015-059 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-2015-059. 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 such filing will also 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-2015-059 and should be
submitted on or before July 27, 2015.
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16411 Filed 7-2-15; 8:45 am]
BILLING CODE 8011-01-P