Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule, 57412-57414 [2015-24063]
Download as PDF
57412
Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
related amendments to be 120 days after
the publication of the implementation
guidance by the MSRB, but no later than
April 29, 2016.
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 on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A) 11 of
the Act and Rule 19b–4(f)(6) 12
thereunder, the MSRB has designated
the proposed rule change as one that
effects a change that: (i) Does not
significantly affect the protection of
investors or the public interest; (ii) does
not impose any significant burden on
competition; and (iii) by its terms, does
not become operative for 30 days after
the date of the filing, or such shorter
time as the Commission may designate.
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative until 30 days after the
date of filing.13 However, Rule 19b–
4(f)(6)(iii) permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest.14 The
MSRB has requested that the
Commission designate the proposed
rule change operative upon filing, as
specified in Rule 19b–4(f)(6)(iii), which
would make the proposed rule change
operative on September 3, 2015.15
According to the MSRB, the proposed
rule change is designed to afford dealers
four months with the use of the
published implementation guidance to
prepare to comply with the
requirements of new Rule G–18 and the
related amendments. The MSRB
believes the proposed rule change
provides dealers with sufficient time to
review such guidance and utilize it, for
example, in their development or
revision of policies and procedures
necessary to comply with new Rule G–
18 and the related amendments. The
MSRB also stated that the proposed rule
11 15
12 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
mstockstill on DSK4VPTVN1PROD with NOTICES
13 Id.
14 In addition, Rule 19b–4(f)(6)(iii) requires a selfregulatory organization to give the Commission
written notice of its intent to file a proposed rule
change, along with a brief description and text of
such proposed rule change, at least five business
days prior to the date of filing, or such shorter time
as designated by the Commission. The Commission
has designated a shorter time for delivery of such
written notice.
15 See SR–MSRB–2015–10 (September 3, 2015).
VerDate Sep<11>2014
18:00 Sep 22, 2015
Jkt 235001
change provides the municipal
securities industry with greater certainty
regarding the length and adequacy of
the implementation period. The
Commission believes the proposed rule
change is consistent with the protection
of investors and the public interest
because it will help promote consistent
and accurate compliance and further the
stated purposes of new Rule G–18 and
the related amendments. In addition,
the proposed rule change does not alter
any rule language and will, instead,
only revise the effective date of new
Rule G–18 and the related amendments,
which were previously approved by the
Commission. Therefore, the
Commission hereby designates the
proposed rule change operative upon
filing.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MSRB–2015–10 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File
Number SR–MSRB–2015–10. 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
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
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 MSRB. 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–MSRB–
2015–10 and should be submitted on or
before October 14, 2015.
For the Commission, pursuant to delegated
authority.16
Brent J. Fields,
Secretary.
[FR Doc. 2015–24059 Filed 9–22–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75943; File No. SR–CBOE–
2015–078]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Fees
Schedule
September 17, 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
September 8, 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 the
Fees Schedule to codify an existing fee
related to catastrophic error reviews.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\23SEN1.SGM
23SEN1
Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
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
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to amend the
Fees Schedule to codify an existing fee
related to catastrophic error reviews. By
way of background, Rule 6.25
(Nullification and Adjustment of
Options Transactions including Obvious
Errors) governs the adjustment and
nullification of erroneous options
transactions, including for
‘‘Catastrophic Errors.’’ Pursuant to
Exchange Rule 6.25, the Catastrophic
Error provisions provide market
participants with a notification period
under which they may file a request for
review with the Exchange of a potential
Catastrophic Error. In addition,
Exchange Rule 6.25(d)(3) currently
provides that if it is determined by an
Official 3 that a Catastrophic Error has
not occurred, the Trading Permit Holder
will be subject to a charge of $5,000.
The Exchange notes that while this
charge is explicitly provided for in the
Exchange Rules (i.e., Rule 6.25), it is not
codified in the Exchange’s Fees
Schedule. The Exchange proposes to
add the existing $5,000 charge to the
Fees Schedule to alleviate any potential
confusion regarding the existence and
applicability of the fee.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
3 Rule 6.25 defines ‘‘Official’’ as an Officer of the
Exchange or such other employee designee of the
Exchange that is trained in the application of this
rule. See Rule 6.25(a)(3).
VerDate Sep<11>2014
18:00 Sep 22, 2015
Jkt 235001
Securities Exchange Act of 1934 (the
‘‘Act’’) [sic] 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 facilitating 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.
In particular, the Exchange believes
that codifying an existing fee in the Fees
Schedule (in addition to the Exchange’s
Rules, where it is currently provided
for), will alleviate potential confusion
and maintain clarity in the Fees
Schedule, which serves 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.
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. The
proposed change to codify in the Fees
Schedule a fee that currently is
referenced only in the Exchange’s Rules
is not intended for competitive reasons
and only applies to CBOE. The
Exchange also notes that no rights or
obligations of Trading Permit Holders
are affected by the change.
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
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
6 15 U.S.C. 78s(b)(3)(A).
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–2015–078 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–2015–078. 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
5 15
PO 00000
Frm 00082
Fmt 4703
7 17
Sfmt 4703
57413
E:\FR\FM\23SEN1.SGM
CFR 240.19b–4(f).
23SEN1
57414
Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
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–2015–078 and
should be submitted on or before
October 14, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
[FR Doc. 2015–24063 Filed 9–22–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75936; File No. SR–
NASDAQ–2015–085])
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule
Change Relating to the Listing and
Trading of the Shares of the
PowerShares High Income Downside
Hedged Portfolio, a Series of the
PowerShares Actively Managed
Exchange-Traded Fund Trust
September 17, 2015.
I. Introduction
On July 28, 2015, The NASDAQ Stock
Market LLC (‘‘Nasdaq’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
list and trade common shares of
beneficial interest (‘‘Shares’’) of the
PowerShares High Income Downside
Hedged Portfolio (‘‘Fund’’), under
Nasdaq Rule 5735. The proposed rule
change was published for comment in
the Federal Register on August 5, 2015.3
The Commission received no comments
on the proposal. This order grants
approval of the proposed rule change.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Description of the Proposal
The Exchange proposes to list and
trade the Shares of the Fund under Rule
5735, which governs the listing and
trading of Managed Fund Shares on the
Exchange. The Shares will be offered by
the Fund, which will be an actively
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 75555
(Jul. 30, 2015), 80 FR 46631 (‘‘Notice’’).
1 15
VerDate Sep<11>2014
18:00 Sep 22, 2015
Jkt 235001
managed exchange-traded fund (‘‘ETF’’)
and a series of the PowerShares Actively
Managed Exchange-Traded Fund Trust
(‘‘Trust’’). The Trust was established as
a Delaware statutory trust on November
6, 2007.4 Invesco PowerShares Capital
Management LLC will serve as the
investment adviser to the Fund
(‘‘Adviser’’).5 Invesco Distributors, Inc.
will serve as the principal underwriter
and distributor of the Fund’s Shares
(‘‘Distributor’’). The Bank of New York
Mellon will act as the administrator,
accounting agent, custodian, and
transfer agent for the Fund. The
Exchange has made the following
representations and statements in
describing the Fund and its investment
strategy, including the Fund’s portfolio
holdings and investment restrictions.6
A. The Exchange’s Description of the
Fund’s Investment Objective
According to the Exchange, the Fund
will be an actively managed ETF that
will seek to achieve high income and
positive total returns. The Fund will
seek to achieve its investment objective
by using a quantitative, rules-based
investment methodology designed to
provide returns that exceed the
4 The Trust is registered with the Commission as
an open-end management investment company and
has filed a post-effective amendment to its
registration statement on Form N–1A (‘‘Registration
Statement’’) with the Commission to register the
Fund and its Shares under the Investment Company
Act of 1940 (‘‘1940 Act’’) and the Securities Act of
1933. See Registration Statement for the Trust, filed
on April 13, 2015 (File Nos. 333–147622 and 811–
22148). In addition, the Commission has issued an
order granting certain exemptive relief to the Trust
under the 1940 Act. See Investment Company Act
Release No. 28171 (Feb. 27, 2008) (File No. 812–
13386).
5 The Exchange represents that the Adviser is
itself not a broker-dealer, but it is affiliated with the
Distributor, which is a broker-dealer. The Adviser
has therefore implemented a fire wall between itself
and the Distributor with respect to access to
information concerning the composition of or
changes to the Fund’s portfolio. The Exchange
further represents that in the event (a) the Adviser
becomes newly affiliated with a different brokerdealer (or becomes a registered broker-dealer), or (b)
any new adviser or sub-adviser to the Fund is a
registered broker-dealer or becomes affiliated with
a broker-dealer, the Advisor will implement a fire
wall with respect to its relevant personnel or
broker-dealer affiliate, as applicable, regarding
access to information concerning the composition
of or changes to the Fund’s portfolio and will be
subject to procedures designed to prevent the use
and dissemination of material, non-public
information regarding the portfolio. The Exchange
states that the Fund does not currently intend to use
a sub-adviser.
6 The Commission notes that additional
information regarding the Fund, the Trust, and the
Shares, including investment strategies, risks,
creation and redemption procedures, fees, portfolio
holdings disclosure policies, calculation of net asset
value (‘‘NAV’’), distributions, and taxes, among
other things, can be found in the Notice and the
Registration Statement, as applicable. See Notice
and Registration Statement, supra notes 3 and 4,
respectively.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
performance of the S&P High Income
VEQTOR Index (‘‘Benchmark’’). The
Fund will seek to gain exposure to the
securities contained in the equity
component of the Benchmark and CBOE
Volatility Index (‘‘VIX Index’’) related
instruments (‘‘VIX Index Related
Instruments’’).7
The Exchange represents that the
Benchmark is composed of two types of
components: An equity component,
represented by the constituents of the
S&P High Income Equity Composite
Index (‘‘Equity Component Index’’), and
a volatility component, represented by
the S&P 500 VIX Short Term Futures
Index (‘‘VIX Futures Index’’). The
Benchmark allocates its constituents
between the two components in any
given amount from time to time based
on the level of volatility in the market.
The Exchange represents that the
Equity Component Index is composed of
150 high-yield securities that meet
certain size, liquidity, and listing
exchange criteria as determined by S&P.
This component comprises the
following four sub-components: (i)
Preferred stocks; (ii) units of master
limited partnerships (‘‘MLPs’’); (iii) real
estate investment trusts (‘‘REITs’’); and
(iv) a portfolio of global securities
engaged in the real estate industry
(‘‘global property securities’’) and global
securities that pay high dividends
(‘‘global dividend securities,’’ and
together with global property securities,
collectively ‘‘Global Equities’’).
The Exchange states that the VIX
Index is a theoretical calculation and
cannot be traded. The VIX Index is a
benchmark index designed to measure
the market price of volatility in large
cap U.S. stocks over 30 days in the
future, and is calculated based on the
prices of certain put and call options on
the S&P 500® Index. The VIX Index
measures the premium paid by investors
for certain options linked to the S&P
500® Index. During periods of market
instability, the implied level of volatility
of the S&P 500® Index typically
increases, and, consequently, the prices
of options linked to the S&P 500® Index
typically increase (assuming all other
relevant factors remain constant or have
negligible changes). This, in turn, causes
the level of the VIX Index to increase.
The VIX Index historically has had
negative correlations to the S&P 500®
Index.
The VIX Futures Index utilizes the
prices of the first- and second-month
futures contracts based on the VIX
7 The Exchange defines ‘‘VIX Index Related
Instruments’’ as ETFs and exchange-traded notes
(‘‘ETNs’’) that provide exposure to the VIX Index,
as well as VIX Index futures contracts and options
on those futures contracts.
E:\FR\FM\23SEN1.SGM
23SEN1
Agencies
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57412-57414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24063]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75943; File No. SR-CBOE-2015-078]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule
September 17, 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 September 8, 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 the Fees Schedule to codify an
existing fee related to catastrophic error reviews.
[[Page 57413]]
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 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 the Fees Schedule to codify an
existing fee related to catastrophic error reviews. By way of
background, Rule 6.25 (Nullification and Adjustment of Options
Transactions including Obvious Errors) governs the adjustment and
nullification of erroneous options transactions, including for
``Catastrophic Errors.'' Pursuant to Exchange Rule 6.25, the
Catastrophic Error provisions provide market participants with a
notification period under which they may file a request for review with
the Exchange of a potential Catastrophic Error. In addition, Exchange
Rule 6.25(d)(3) currently provides that if it is determined by an
Official \3\ that a Catastrophic Error has not occurred, the Trading
Permit Holder will be subject to a charge of $5,000. The Exchange notes
that while this charge is explicitly provided for in the Exchange Rules
(i.e., Rule 6.25), it is not codified in the Exchange's Fees Schedule.
The Exchange proposes to add the existing $5,000 charge to the Fees
Schedule to alleviate any potential confusion regarding the existence
and applicability of the fee.
---------------------------------------------------------------------------
\3\ Rule 6.25 defines ``Official'' as an Officer of the Exchange
or such other employee designee of the Exchange that is trained in
the application of this rule. See Rule 6.25(a)(3).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') [sic] 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
facilitating 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.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In particular, the Exchange believes that codifying an existing fee
in the Fees Schedule (in addition to the Exchange's Rules, where it is
currently provided for), will alleviate potential confusion and
maintain clarity in the Fees Schedule, which serves 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.
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. The proposed change to codify
in the Fees Schedule a fee that currently is referenced only in the
Exchange's Rules is not intended for competitive reasons and only
applies to CBOE. The Exchange also notes that no rights or obligations
of Trading Permit Holders are affected by the change.
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-2015-078 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-2015-078. 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
[[Page 57414]]
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-2015-078 and
should be submitted on or before October 14, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Brent J. Fields,
Secretary.
[FR Doc. 2015-24063 Filed 9-22-15; 8:45 am]
BILLING CODE 8011-01-P