Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fees Schedule, 42567-42569 [2015-17534]
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
reference to Rule 1080.08 is being
changed to Rule 1080.07.
Next, the Exchange proposes to
amend Rule 1066(f)(7) and (8), which
defines various types of multi-leg
orders, including Complex Orders and
DNA Orders, both of which are defined
in Rule 1080.07(a). Accordingly, Rule
1066(f)(7) and (8) are being corrected to
properly refer to Rule 1080.07(a) rather
than to Rule 1080.08(a).
Finally, the Exchange proposes to
amend Rule 1080.07 itself, which
contains several references to Rule
1080.08, which are incorrect. Each of
the following provisions in Rule 1080
are proposed to be changed to refer to
the same subsection in Rule 1080.07:
Rule 1080(m)(iii)(A), Rule 1080(n)(i)(C),
Rule 1080(n)(ii)(A)(9), Rule
1080.07(a)(i), Rule 1080.07(e)(i)(B)(1),
Rule 1080.07(e)(vi)(B), Rule
1080.07(f)(iii)(C)(2), and Rule
1080.07(f)(iii)(C)(4).
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 5 in general, and furthers the
objectives of Section 6(b)(5) of the Act 6
in particular, in that it is designed to
promote just and equitable principles of
trade by correcting the references to
Rule 1080 regarding complex orders,
which should help market participants
better understand how their orders are
handled.
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 not
necessary or appropriate in furtherance
of the purposes of the Act. The proposal
merely corrects rule references.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
srobinson on DSK5SPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms does not become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate if consistent
5 15
U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
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with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 7 and Rule
19b–4(f)(6) thereunder.8
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 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–
Phlx–2015–55 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–Phlx–2015–55. 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
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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7 15
8 17
Frm 00101
Fmt 4703
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42567
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–Phlx–
2015–55 and should be submitted on or
before August 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Brent J. Fields,
Secretary.
[FR Doc. 2015–17491 Filed 7–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75442; File No. SR–CBOE–
2015–066]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the Fees
Schedule
July 13, 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 July 1,
2015, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) 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 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
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\17JYN1.SGM
17JYN1
42568
Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
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.
2015 through September 2015 on a oneto-one basis.4 Additionally, in light of
the proposed changes, the Exchange no
longer wishes to continue to provide a
waiver of the FBW2 fee for the first
month for new FBW2 login IDS.
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.
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.5 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 6 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,7 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 it
is reasonable to provide a waiver of
FBW2 fees for each FBW login a TPH
has for the months of July 2015 through
September 2015 because it encourages
users to use and become familiar with
the updated FBW2 login IDs while
waiting for certain features to be
implemented on FBW2. Additionally,
the Exchange notes the proposed rule
change provides users additional time to
become familiar with and fully
acclimated to the new FBW
functionality. The Exchange believes it
is reasonable to eliminate the waiver for
the first month for a new login ID
currently beginning July 1, 2015,
because the Exchange is also providing
for additional waivers of FBW2 logins as
described above and wants to encourage
srobinson on DSK5SPTVN1PROD 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, effective July 1, 2015.
On May 11, 2015, the Exchange
launched an updated version of the
Floor Broker Workstation (‘‘FBW’’), (i.e.,
‘‘FBW2’’). In conjunction with the
launch of FBW2, the Exchange
submitted a rule filing which provided
for a fee waiver for the months of May
and June 2015, as well as provided that,
after July 1, 2015, the monthly fee for
FBW2 login IDs would be waived for the
first month.3 The Exchange also noted
in that filing that after July 2015 (and
absent an applicable fee waiver noted
above), TPHs will be charged each of
$400 for FBW and FBW2 (i.e., total of
$800) if such users continue to use both
FBW and FBW2. The Exchange notes
that new features are anticipated to
become available on FBW2 in August
2015. In the meanwhile, the Exchange
wishes to encourage FBW users to begin
(or continue) transitioning to FBW2
logins and provide additional time to
become acclimated to FBW2 while still
being able to use FBW logins. As such,
the Exchange does not wish to charge a
TPH $400 for using both FBW and
FBW2 login IDs. Accordingly, the
Exchange proposes to delete now
outdated language and provide that for
every FBW login a TPH has, the FBW2
fee will be waived for the months of July
3 See Securities Exchange Act Release No. 75022
(May 21, 2015), 80 FR 102 [sic] (May 28, 2015) (SR–
CBOE–2015–049). The adopted fee for FBW2 is the
same as the existing FBW fee (i.e., $400 per month
(per login ID).
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example, if a TPH has two FBW logins and
two FBW2 logins, the total monthly fee would be
$800 ($400 for each FBW login). Another example
is if a TPH has two FBW logins and three FBW2
logins, the total monthly fee would be $1,200 ($400
for each FBW login and $400 for the additional
FBW2 login).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
7 15 U.S.C. 78f(b)(4).
PO 00000
4 For
Frm 00102
Fmt 4703
Sfmt 4703
users to begin transitioning to FBW2
logins prior to the upcoming
discontinuation of FBW logins. The
Exchange believes the proposed changes
are equitable and not unfairly
discriminatory because it applies to all
users of FBW2.
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 it
applies to all Trading Permit Holders.
The Exchange believes this proposal
will not cause an unnecessary burden
on intermarket competition because the
proposal only affects trading 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 8 and paragraph (f) of Rule
19b–4 9 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:
8 15
9 17
E:\FR\FM\17JYN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
17JYN1
Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
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–2015–066 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.
srobinson on DSK5SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–CBOE–2015–066. 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–
2015–066 and should be submitted on
or before August 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–17534 Filed 7–16–15; 8:45 am]
BILLING CODE 8011–01–P
10 17
CFR 200.30–3(a)(12).
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20:59 Jul 16, 2015
Jkt 235001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75437; File No. SR–BATS–
2015–53]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
July 13, 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 July 6,
2015, BATS Exchange, Inc. (‘‘Exchange’’
or ‘‘BATS’’) 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 the Exchange. The
Exchange has designated the proposed
rule change as one establishing or
changing a member due, fee, or other
charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 which
renders the proposed rule change
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
The Exchange filed a proposal to
amend its fees and rebates applicable to
Members 5 and non-Members of the
Exchange pursuant to BZX Rule 15.1(a)
and (c) (‘‘Fee Schedule’’) to modify its
fees for physical connectivity. Changes
to the fee schedule pursuant to this
proposal are effective upon filing.
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, 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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer that has been admitted
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
2 17
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
42569
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 parts 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
Fee Schedule to modify its fees for
physical connectivity. A physical port is
utilized by a Member or non-Member to
connect to the Exchange at the data
centers where the Exchange’s servers are
located. The Exchange currently
maintains a presence in two third-party
data centers: (i) The primary data center
where the Exchange’s business is
primarily conducted on a daily basis,
and (ii) a secondary data center, which
is predominantly maintained for
business continuity purposes. The
Exchange currently assesses the
following physical connectivity fees for
Members and non-Members on a
monthly basis: $1,000 per physical port
that connects to the System 6 via 1
gigabyte circuit; and $2,500 per physical
port that connects to the System via 10
gigabyte circuit.
The Exchange now proposes to amend
its physical connectivity fees to align
the Exchange’s fees with its affiliates.7
The Exchange proposes to increase the
fee per physical port that connects to
the System via: (i) 1 gigabyte circuit
from $1,000 per month to $2,000 per
month; and (ii) 10 gigabyte circuit from
$2,500 per month to $4,000 per month.
Implementation Date
The Exchange proposes to implement
this amendment to its Fee Schedule
immediately.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
6 The term ‘‘System’’ is defined as ‘‘the electronic
communications and trading facility designated by
the Board through which securities orders of Users
are consolidated for ranking, execution and, when
applicable, routing away.’’ See Exchange Rule
1.5(cc).
7 The Exchange’s affiliates are EDGX Exchange,
Inc. (‘‘EDGX’’), EDGA Exchange, Inc. (‘‘EDGA’’) and
BATS Y-Exchange, Inc. (‘‘BYX’’, together with the
Exchange, EDGA and EDGX, the ‘‘BATS
Exchanges’’). The Exchange notes that each of its
affiliates has also filed or will also file proposed
rule changes with Commission to adopt similar
physical connectivity fees.
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42567-42569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17534]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75442; File No. SR-CBOE-2015-066]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Fees Schedule
July 13, 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 July 1, 2015, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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 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
[[Page 42568]]
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 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, effective July 1,
2015.
On May 11, 2015, the Exchange launched an updated version of the
Floor Broker Workstation (``FBW''), (i.e., ``FBW2''). In conjunction
with the launch of FBW2, the Exchange submitted a rule filing which
provided for a fee waiver for the months of May and June 2015, as well
as provided that, after July 1, 2015, the monthly fee for FBW2 login
IDs would be waived for the first month.\3\ The Exchange also noted in
that filing that after July 2015 (and absent an applicable fee waiver
noted above), TPHs will be charged each of $400 for FBW and FBW2 (i.e.,
total of $800) if such users continue to use both FBW and FBW2. The
Exchange notes that new features are anticipated to become available on
FBW2 in August 2015. In the meanwhile, the Exchange wishes to encourage
FBW users to begin (or continue) transitioning to FBW2 logins and
provide additional time to become acclimated to FBW2 while still being
able to use FBW logins. As such, the Exchange does not wish to charge a
TPH $400 for using both FBW and FBW2 login IDs. Accordingly, the
Exchange proposes to delete now outdated language and provide that for
every FBW login a TPH has, the FBW2 fee will be waived for the months
of July 2015 through September 2015 on a one-to-one basis.\4\
Additionally, in light of the proposed changes, the Exchange no longer
wishes to continue to provide a waiver of the FBW2 fee for the first
month for new FBW2 login IDS.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 75022 (May 21,
2015), 80 FR 102 [sic] (May 28, 2015) (SR-CBOE-2015-049). The
adopted fee for FBW2 is the same as the existing FBW fee (i.e., $400
per month (per login ID).
\4\ For example, if a TPH has two FBW logins and two FBW2
logins, the total monthly fee would be $800 ($400 for each FBW
login). Another example is if a TPH has two FBW logins and three
FBW2 logins, the total monthly fee would be $1,200 ($400 for each
FBW login and $400 for the additional FBW2 login).
---------------------------------------------------------------------------
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.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ 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,\7\ 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
In particular, the Exchange believes it is reasonable to provide a
waiver of FBW2 fees for each FBW login a TPH has for the months of July
2015 through September 2015 because it encourages users to use and
become familiar with the updated FBW2 login IDs while waiting for
certain features to be implemented on FBW2. Additionally, the Exchange
notes the proposed rule change provides users additional time to become
familiar with and fully acclimated to the new FBW functionality. The
Exchange believes it is reasonable to eliminate the waiver for the
first month for a new login ID currently beginning July 1, 2015,
because the Exchange is also providing for additional waivers of FBW2
logins as described above and wants to encourage users to begin
transitioning to FBW2 logins prior to the upcoming discontinuation of
FBW logins. The Exchange believes the proposed changes are equitable
and not unfairly discriminatory because it applies to all users of
FBW2.
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 it applies to all
Trading Permit Holders. The Exchange believes this proposal will not
cause an unnecessary burden on intermarket competition because the
proposal only affects trading 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 \8\ and paragraph (f) of Rule 19b-4 \9\
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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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f).
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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:
[[Page 42569]]
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-2015-066 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-2015-066. 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-2015-066 and should be
submitted on or before August 7, 2015.
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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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17534 Filed 7-16-15; 8:45 am]
BILLING CODE 8011-01-P