Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, 15 U.S.C. 78s(b)(1), notice is hereby given that on February 26, 2009, 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, II, and III below, which Items have been prepared by the CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested parties.
CBOE proposes to amend its CBOE Stock Exchange (“CBSX”) Fees Schedule. The text of the proposed rule change is available on the Exchange's Web site (
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. The CBOE has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of such statements.
The CBSX fee schedule lists the fees applicable to CBSX users. The Exchange proposes to eliminate the CBSX Trading Permit Application Fee (currently $1,000) and the CBSX Direct Connectivity Charge ($50 per quarter but waived through the first quarter of 2009). The Exchange believes that eliminating these fees will facilitate greater interest in and promote usage of CBSX. The Exchange proposes to discontinue the Trading Permit Application Fee and the CBSX Direct Connectivity Charge effective March 1, 2009.
The proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (“Act”)
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.
No written comments were solicited or received with respect to the proposed rule change.
Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act
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 (
• Send an e-mail to
• 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–2009–13 and should be submitted on or before April 1, 2009.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.