
[Federal Register: August 10, 2010 (Volume 75, Number 153)]
[Notices]               
[Page 48387-48388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au10-85]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62637; File No. SR-CBOE-2010-072]

 
Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to PULSe Fees

August 4, 2010.
    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 July 30, 2010, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by CBOE. The 
Exchange has designated this proposal as one establishing or changing a 
due, fee, or other charge imposed by CBOE under Section 19(b)(3)(A)(ii) 
of the Act \3\ and Rule 19b-4(f)(2) thereunder.\4\ The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to amend its fees schedule. The text of 
the proposed rule change is available on the Exchange's Web site http:/
/www.cboe.org/legal), at the Exchange's Office of the Secretary and at 
the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CBOE included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. CBOE has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of such statements

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to extend waivers of 
certain fees relating to the use of the PULSe order entry workstation 
and to make a technical correction to the numbering of the text in the 
fees schedule.
    The PULSe workstation is a front-end order entry system designed 
for use with respect to orders that may be sent to the trading systems 
of CBOE and CBOE Stock Exchange (``CBSX'').\5\ In conjunction with the 
launch of the PULSe workstation, the Exchange waived various fees. To 
continue to encourage users, the Exchange has now determined to extend 
the waivers of certain fees. In particular, currently the monthly PULSe 
workstation fee to members--$350 per workstation per month for the 
first 10 PULSe workstations and $100 per workstation per month for each 
additional PULSe workstation--has been waived through July 30, 2010. 
The Exchange is proposing to extend the waiver of this monthly fee 
through September 30, 2010. Thus, this fee will be assessed beginning 
October 1, 2010. Currently the Exchange has also waived the away-market 
routing fee to the entering member--$0.10 per executed options contract 
(or equivalent share amount in the case of stock) for away-market 
routing of orders through the PULSe workstation--through July 30, 2010. 
The Exchange is proposing to extend this waiver through September 15, 
2010. Thus this fee will be assessed beginning September 16, 2010.
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    \5\ See Securities Exchange Act Release No. 62286 (June 11, 
2010), 75 FR 34799 (June 18, 2010) (SR-CBOE-2010-051).
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    Finally, the Exchange is proposing to make a technical change to 
its fees schedule. The paragraph in the fees schedule pertaining to the 
PULSe workstation was unintentionally numbered as subparagraph G), when 
there already exists a subparagraph G). To correct that numbering 
error, the PULSe workstation subparagraph is being renumbered as 
subparagraph H).
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Act,\6\ in general, and furthers the objectives of Section 6(b)(4) \7\ 
of the Act in particular, in that it is designed to provide for the 
equitable allocation of reasonable dues, fees, and other charges among 
CBOE

[[Page 48388]]

and CBSX members and trading permit holders in that the same fees and 
fee waivers are applicable to all users of the PULSe workstation.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and subparagraph (f)(2) 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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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:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-CBOE-2010-072 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2010-072. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549 on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of CBOE. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2010-072 and should be 
submitted on or before August 31, 2010.

    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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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19646 Filed 8-9-10; 8:45 am]
BILLING CODE 8010-01-P

