Notice2026-04340
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Number of Technical, Non-Substantive Changes to Its Fees Schedule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 5, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10841-10845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04340]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-104910; File No. SR-CBOE-2026-021]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make a
Number of Technical, Non-Substantive Changes to Its Fees Schedule
March 2, 2026.
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 February 25, 2026, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) 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)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to make a number of technical, non-substantive changes to its Fees
Schedule. The text of the proposed rule change is provided in Exhibit
5.
The text of the proposed rule change is also available on the
Commission's website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>), the
Exchange's website (<a href="https://www.cboe.com/us/options/regulation/rule_filings/bzx/">https://www.cboe.com/us/options/regulation/rule_filings/bzx/</a>), and at the principal office of the Exchange.
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 purpose of the proposed rule change is to make a number of
technical, non-substantive changes to the Exchange's Fees Schedule. The
Exchange believes these changes will provide greater accuracy and
clarity to the Fees Schedule.
Rate Table--All Products Excluding Underlying Symbol List A
First, the Exchange proposes to amend the Clearing Trading Permit
Holder (``TPH'') (``F'' Capacity Code); non-TPH Affiliate (``L''
Capacity Code) and Broker-Dealer (``B'' Capacity Code); Non-TPH Market-
Maker (``N'' Capacity Code); Joint Back-Office (``J'' Capacity Code);
and Professional (``U'' Capacity Code) sections within the `Rate
Table--All Products Excluding Symbol List A' (``Rates Table'').
In 2024, the Exchange submitted a rule proposal to separate out
transaction fees for Equity, ETF, and ETN options from All Other Index
products, effectively displaying fees for Equity, ETF, and ETN options
as a separate line item within the Rates Table.\5\ The Exchange noted
that, except as otherwise stated within the proposal, the fees for
Equity, ETF and ETN options were to remain unchanged as a result of the
separation. However, in separating out the fees for Equity, ETF, and
ETN options from All Other Index products, the Exchange failed to
properly denote within the Fees Schedule that fee codes `NB' (appended
to Non-Customer, Non-Market-Maker AIM Response orders in Penny classes)
\6\ and `NC' (appended to Non-Customer, Non-Market-Maker AIM Response
orders in Non-Penny classes) \7\ continue to apply to applicable
Clearing TPH (``F'' Capacity Code); non-TPH Affiliate (``L'' Capacity
Code) and Broker-Dealer (``B'' Capacity Code); Non-TPH Market-Maker
(``N'' Capacity Code); Joint Back-Office (``J'' Capacity Code); and
Professional (``U'' Capacity Code) orders in Equity, ETF, and ETN
Options (as well as All Other Index options). The Exchange now proposes
to correct this omission and specifically note within the Fees Schedule
that fee codes ``NB' and `NC' are appended to Non-Customer, Non-Market-
Maker AIM Response orders (in Penny and Non-Penny classes,
respectively), in Equity, ETF, and ETN Options as well as All Other
Index Products.
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\5\ See Securities Exchange Act Release No. 101092 (September
18, 2024), 89 FR 77945 (September 24, 2024) (SR-CBOE-2024-039).
\6\ The Exchange assesses a standard transaction fee of $0.50
per contract for orders yielding fee code `NB'.
\7\ The Exchange assesses a standard transaction fee of $1.05
per contract for orders yielding fee code `NC'.
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The Exchange also proposes a related amendment to the Cboe Options
Market-Maker/DPM/LMM (``M'' Capacity Code) section of the Rates Table.
By way of background, fee code `MD' is appended to Market-Maker AIM
Responder orders.\8\ As part of the same 2024 proposal described above,
the Exchange inadvertently failed to properly denote within the Fees
Schedule that fee code `MD' continues to apply to applicable Market-
Maker AIM Responder orders in Penny and Non-Penny classes for Equity,
ETF, and ETN options (as well
[[Page 10842]]
as Sector Indexes \9\ and All Other Index options). The Exchange now
proposes to correct this omission and specifically note within the Fees
Schedule that fee code `MD' is appended to Market-Maker AIM Responder
orders in Penny and Non-Penny classes for Equity, ETF, and ETN options
(as well as Sector Indexes and All Other Index options).
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\8\ The Exchange assesses a standard transaction fee of $0.25
per contract for orders yielding fee code `MD'.
\9\ See Exchange Fees Schedule, Footnote 47, which provides
``Sector Index underlying symbols: IXB, SIXC, IXE, IXI, IXM, IXR,
IXRE, IXT, IXU, IXV AND IXY. Corresponding option symbols: SIXB,
SIXC, SIXE, SIXI, SIXM, SIXR, SIXRE, SIXT, SIXU, SIXV AND SIXY.''
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The Exchange also proposes to amend the Cboe Options Market-Maker/
DPM/LMM (``M'' Capacity Code) section of the Rates Table to align
transaction fees for Sector Indexes with the fees for Equity, ETF, and
ETN Options. The current Rates Table incorrectly suggests fee code `YB'
\10\ could apply to Cboe Options Market-Maker/DPM/LMM (``M'' Capacity
Code) AIM Contra orders in Sector Indexes; however, fee code `YB' only
applies to applicable Index orders (which do not include Sector Index
orders).\11\ The Exchange propose to amend the Rates Table to properly
denote that fee code `MA' \12\ (rather than `YB') applies to all
Clearing TPH (``F'' Capacity Code) and non-TPH Affiliate (``L''
Capacity Code) AIM contra orders in Sector Indexes.
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\10\ Fee code `YB' is appended to AIM Contra, Index orders; the
Exchange assesses a standard transaction fee of $0.07 per contract
for orders yielding fee code `YB'.
\11\ See Exchange Fees Schedule, Footnote 37, which provides
``Sector Index underlying symbols: IXB, SIXC, IXE, IXI, IXM, IXR,
IXRE, IXT, IXU, IXV AND IXY. Corresponding option symbols: SIXB,
SIXC, SIXE, SIXI, SIXM, SIXR, SIXRE, SIXT, SIXU, SIXV AND SIXY.''
\12\ Fee code `MA' is appended to Market-Maker, electronic
orders; the Exchange assesses a standard transaction fee of $0.23
per contract for orders yielding fee code `MA'.
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The Exchange proposes to amend the Clearing TPH (``F'' Capacity
Code) and non-TPH Affiliate (``L'' Capacity Code) section of the Rates
Table to correct an inaccuracy related to Sector Index fees. Fee code
`FI' applies to all Clearing TPH (``F'' Capacity Code) and non-TPH
Affiliate (``L'' Capacity Code) Sector Index orders. However, the
current Rates Table incorrectly suggests fee codes YB, NB, and NC could
apply to Clearing TPH (``F'' Capacity Code) and non-TPH Affiliate
(``L'' Capacity Code) orders. The Exchange propose to amend the Rates
Table to properly denote that fee code `FI' applies to all Clearing TPH
(``F'' Capacity Code) and non-TPH Affiliate (``L'' Capacity Code)
Sector Index orders.
Next, the Exchange proposes to amend the Clearing TPH (``F''
Capacity Code) and non-TPH Affiliate (``L'' Capacity Code) section of
the Rates Table to provide further clarity regarding the assessment of
transaction fees for applicable facilitation orders. By way of
background, fee code `FF' is appended to Clearing TPH (``F'' Capacity
Code) and non-TPH Affiliate (``L'' Capacity Code) (i.e., ``Firm'')
facilitation orders; the Exchange assesses no charge for orders
yielding fee code `FF'. As provided in Footnote 11 of the Fees
Schedule, in relevant part, ``For facilitation orders for Sector
Indexes executed in open outcry, Cboe Options does not assess Clearing
Trading Permit Holder Proprietary transaction fees. ``Facilitation
orders'' for this purpose are defined as any order in which a Clearing
Trading Permit Holder (``F'' capacity code) or Non-Trading Permit
Holder Affiliate (``L'' capacity code) is contra to any other origin
code, provided the same executing broker and clearing firm are on both
sides of the transaction for open outcry following any post-trade
changes made on the trade date.'' Effectively, for facilitation orders,
fee code `FF' will override fee codes `FA' (appended to manual Firm
orders for Equity, ETF, and ETN options and All Other Index options)
\13\ and `FI' (appended to Firm orders in Sector Indexes).\14\ However,
the current representation of `Facilitation' as a line item within the
Rates Table may suggest other orders outside those intended to be
included may be considered as ``facilitation'' orders. To avoid
potential confusion regarding which orders may be considered
facilitation orders, the Exchange proposes to remove `Facilitation' as
a separate line item within the Rates Table and instead append Footnote
11 to Equity, ETF, and ETN options, Sector Index options, and All Other
Index options within the Clearing TPH (``F'' Capacity Code) and non-TPH
Affiliate (``L'' Capacity Code) section of the Rates Table.
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\13\ The Exchange assesses a standard transaction fee of $0.20
per contract for orders yielding fee code `FA'.
\14\ The Exchange assesses no charge for orders yielding fee
code `FI'.
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Finally, the Exchange proposes changes to the Complex Surcharge
listed within the Rates Table. By way of background, the Complex
Surcharge is assessed per contract per side for non-Customer complex
order executions that remove liquidity from the Complex Order Book
(``COB'') and auction responses in the Complex Order Auction (``COA'')
and AIM in all classes except Sector Indexes and Underlying Symbol List
A.\15\ In 2019, when the Exchange adopted fee codes for certain AIM
Responses, the Exchange determined to exclude non-Customer, non-Market-
Maker AIM Responses from the Complex Surcharge, as described in current
Footnote 35.\16\ For clarity, the Exchange now proposes to specifically
denote within the Rates Table that the Complex Surcharge will apply to
M Capacity AIM responses, for Penny and Non-Penny classes.
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\15\ See Exchange Fees Schedule, Footnote 34, which provides
``Underlying Symbol List A: OEX, XEO, RUT, RLG, RLV, RUI, UKXM, SPX
(includes SPXW), SPESG and VIX''.
\16\ See Securities Exchange Act Release No. 87742 (December 13,
2019), 84 FR 69788 (December 19, 2019) (SR-CBOE-2019-112).
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Rates Table--Underlying Symbol List A
The Exchange proposes to update ``Rate Table--Underlying Symbol
List A'' to list ``Broker-Dealer'' under the ``Capacity'' column tied
to ``B'' (Broker-Dealer); ``N'' (Non-TPH Market-Maker); ``J'' (Joint
Back-Office); and ``U'' (Professional) Capacity Codes. While the ``B''
capacity code is represented under the ``Capacity Code'' column, the
Exchange inadvertently failed to list ``Broker-Dealer'' under the
corresponding ``Capacity'' column.
Clearing Trading Permit Holder Fee Cap
The Exchange proposes to amend the Clearing Trading Permit Holder
Fee Cap table. By way of background, and as noted in Footnote 22 of the
Fees Schedule, the Exchange applies a transaction fee cap of $250,000
per month per Clearing TPH \17\ (and/or their Non-TPH Affiliates) \18\
for non-facilitation transactions executed in AIM or open outcry, or as
a QCC or FLEX transaction in all products except CBTX, MBTX, MGTN,
MRUT, NANOS, XSP, SPEQX, FLEX Micros, Sector Indexes \19\ and
Underlying Symbol List A.\20\ The Exchange proposes to delete the line
``FLEX'' line item within the Clearing Trading Permit Holder Fee Cap
table, as the Exchange does not assess a separate fee per contract for
FLEX transactions,\21\ so the inclusion of `FLEX' as a separate line
item is unnecessary and potentially misleading.
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\17\ The Clearing TPH Fee Cap applies to all Clearing TPH
proprietary orders (``F'' capacity code). See Exchange Fees
Schedule, Footnote 11.
\18\ See Exchange Fees Schedule, Footnote 11, which defines a
``Non-TPH Affiliate'' as a 100% wholly-owned affiliate or subsidiary
of a Clearing TPH that is registered as a United States or foreign
broker-dealer and that is not a Cboe Options TPH. Only proprietary
orders of the Non-TPH Affiliate that clear through a Cboe Options-
registered OCC clearing number(s) will be included in calculating
the Fee Cap.
\19\ See Exchange Fees Schedule, Footnote 47.
\20\ See Exchange Fees Schedule, Footnote 34.
\21\ See Exchange Fees Schedule, Footnote 1.
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[[Page 10843]]
Floor Facility Fees
The Exchange proposes to amend the description of the Co-Location,
Cboe Datacenter Services fee set forth within the ``Floor Facility Fees
(per month)'' table in the Fees Schedule. Specifically, the Exchange
proposes to remove language which provides that the fee is waived for
the month of June 2022, as this language is outdated and no longer
applicable.
Market Data Fees
The Exchange proposes to amend the description of the Cboe Options
Top, Historical Depth fee set forth within the ``Market Data Fees''
table in the Fees Schedule. Specifically, the Exchange proposes to
remove language which provides that from July 28, 2025 through
September 30, 2025, any single purchase of historical data totaling
$20,000 or more will receive a 20% discount, as this language is
outdated and no longer applicable.
Routing Fees Table
The Exchange proposes to add fee code RR to the ``Routing Fees''
table. Fee code ``RR'' is appended to Non-Customer, Routed, Russell
2000 index (``RUT'') option orders and assesses a fee of $1.25 per
contract. While the ``Routing Fees'' table contains all other routing
fees assessed by the Exchange, the Exchange failed to list fee code RR
in the Fees Schedule when it added the other routing fees in connection
with migration.
Fingerprint Processing Fees
Next, the Exchange proposes to Update Web CRD Fingerprint
Processing fees to mirror FINRA fees. Currently, the Fingerprinting
Processing Fee listed on the Exchange's Fees Schedule reflects the
combined FINRA and FBI charges for fingerprint submissions.\22\ The
Exchange notes that as of January 1, 2025, the FBI fingerprint charge
is $10.\23\ Currently, the FINRA electronic Fingerprinting Processing
Fee is $20, and the FINRA non-electronic Fingerprinting Processing is
$30, and the fee for processing fingerprint results where the member
had prints processed through a through a self-regulatory organization
other than FINRA is $30. The Exchange proposes to update and re-
organize its Fingerprint Processing Fee to mirror how FINRA sets forth
the fees.\24\ The Exchange is merely listing these fees on its Fees
Schedule. The Exchange does not collect or retain these fees. Further,
the Exchange proposes to add language to its Fees Schedule to include
similar information related to fingerprint processing as included in
the FINRA fingerprint fees schedule. Specifically, the Exchange
proposes to note that the FINRA fee is assessed when FINRA posts
results to CRD (broker-dealers) or FPRD (funding portals) and that the
FBI fee is assessed when the FBI returns results (dispositions) to
FINRA. The Exchange also proposes to note that the FBI does not charge
its fee on a second fingerprint transaction when it identifies the
first set of fingerprints as illegible for the same individual, similar
to the FINRA fees schedule.
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\22\ See Securities Exchange Act Release No. 96644 (January 12,
2023), 88 FR 3444 (January 19, 2023) (SR-CBOE-2023-002).
\23\ Effective January 1, 2025, the FBI fingerprint fee, for
both electronic and hardcopy fingerprint transactions, has been
reduced to $10 per charged fingerprint submission. See <a href="https://www.finra.org/registration-exams-ce/classic-crd/fingerprints/fingerprint-fees">https://www.finra.org/registration-exams-ce/classic-crd/fingerprints/fingerprint-fees</a>.
\24\ <a href="https://www.finra.org/registration-exams-ce/classic-crd/fingerprints/fingerprint-fees">https://www.finra.org/registration-exams-ce/classic-crd/fingerprints/fingerprint-fees</a>.
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Miscellaneous
The Exchange proposes to delete the COVID-19 Test Fee set forth
within the ``Miscellaneous'' table within the Fees Schedule, as it is a
fee that was effective when the Exchange operated in modified state in
connection with the COVID-19 pandemic. The Exchange now proposes to
remove the fee from the Fees Schedule, as no it is outdated and no
longer applicable.
Footnotes
The Exchange proposes to delete Footnote 24, as it relates to fee
modifications that were effective when the Exchange operated in a
modified state in connection with the COVID-19 pandemic. The Exchange
proposes to delete the Footnote 24 and mark it as ``Reserved'', as such
fee modifications described within the footnote are outdated and no
longer applicable.\25\
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\25\ As part of the proposed rule change, the Exchange also
proposes to delete references to Footnote 24 throughout the Fees
Schedule.
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The Exchange also proposes to delete Footnote 32, which provides
that transactions fees will be waived for Customer orders executed in
VIX options during GTH through October 31, 2022, and that beginning
with the November 1, 2022 trading date, the Exchange will no longer
waive these transaction fees. The Exchange proposes to delete Footnote
32 and mark it as ``Reserved'', as the transaction fee waiver described
within the footnote is outdated and is no longer applicable.\26\
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\26\ As part of the proposed rule change, the Exchange also
proposes to delete references to Footnote 32 throughout the Fees
Schedule.
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Next, the Exchange proposes to amend Footnote 43. The Exchange
assesses a standard transaction fee of $0.05 per contract for Market-
Maker VIX transactions where the VIX premium is $0.00 to $0.10 (i.e.,
yield fee code MV), and a standard transaction fee of $0.23 per
contract for Market-Maker VIX transactions where the VIX premium is >=
$0.11 (i.e., yield fee code MW).\27\ However, the Exchange assesses a
standard transaction fee of $0.05 per contract for Market-Maker orders
in VIX if the Market-Maker order is executed by the Market-Maker in
open outcry against a complex order that has 3 or more legs and the
total executed order quantity of the contra order is greater than or
equal to 5,000 contracts, which orders yield fee code MI.
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\27\ See Exchange Fees Schedule, Rate Table--Underlying Symbol
List A.
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Currently, Footnote 43 provides, in relevant part, that Market-
Maker transaction fees in VIX transactions where VIX Premium is >=
$1.00 will be reduced from $0.23 per contract to $0.05 per contract if
the Market-Maker order is executed by the Market-Maker in open outcry
against a complex order that has 3 or more legs and the total executed
order quantity of the contra order is greater than or equal to 5,000
contracts. The Exchange proposes to amend Footnote 43 to provide, in
relevant part, that Market-Maker transaction fees in VIX transactions
where VIX Premium is >= $0.11 (rather than $1.00) will be reduced from
$0.23 per contract to $0.05 per contract if the Market-Maker order is
executed by the Market-Maker in open outcry against a complex order
that has 3 or more legs and the total executed order quantity of the
contra order is greater than or equal to 5,000 contracts.
Finally, the Exchange proposes to delete Footnote 51, which
provides that fees for Open-Close Data will be waived for recipients of
the Options Institute Research Grant Program 2023. The Exchange
proposes to delete Footnote 51 and mark it as ``Reserved'', as the
transaction fee waiver described within the footnote is outdated and no
longer applicable.\28\
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\28\ As part of the proposed rule change, the Exchange also
proposes to delete references to Footnote 32 throughout the Fees
Schedule.
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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.\29\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section
[[Page 10844]]
6(b)(5) \30\ 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. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \31\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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\29\ 15 U.S.C. 78f(b).
\30\ 15 U.S.C. 78f(b)(5).
\31\ Id.
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In particular, the Exchange believes that the proposed rule change
will remove impediments to and perfect the mechanism of a free and open
market and a national market system, and in general, will protect
investors and the public interest by improving accuracy and clarity
within the Fees Schedule. Specifically, by correcting omissions from a
prior fee reorganization to properly display fee codes for AIM Response
orders and Market-Maker orders across product categories; reorganizing
how facilitation orders and Sector Index fees are presented to
eliminate potential confusion; updating fingerprint processing fees to
mirror current FINRA/FBI charges and add clarifying language about when
fees are assessed; removing outdated provisions related to the COVID-19
pandemic and expired or outdated fee waiver programs and fee discounts;
and making minor corrections to fee tables, footnotes, and descriptions
to accurately reflect current fees, the proposed rule change is
designed to protect investors by making the Fees Schedule more accurate
and adding clarity to the Fees Schedule, thereby mitigating any
potential investor confusion. The proposed rule change will have no
impact on trading on the Exchange or fees assessed by the Exchange, as
all the proposed Fees Schedule changes are non-substantive in nature,
and there are no changes to fees assessed as a result of the proposal.
The Exchange also believes the proposed rule change is consistent
with Section 6(b)(4) of the Act,\32\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its TPHs and other persons using its facilities. As
noted above, there are no changes to fees assessed by the Exchange as a
result of the proposal; the changes are non-substantive in nature and
intended solely to improve accuracy and clarity within the Fees
Schedule, to the benefit of investors.
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\32\ 15 U.S.C. 78f(b)(4).
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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. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with correcting certain errors and adding clarity. The proposed
rule changes make no substantive changes to the Fees Schedule and thus
will have no impact on trading on the Exchange.
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 Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \33\ of the Act and Rule 19b-4(f)(6) \34\
thereunder. Because the proposed rule change does not (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \35\ and Rule 19b-4(f)(6)
thereunder.\36\
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\33\ 15 U.S.C. 78s(b)(3)(A).
\34\ 17 CFR 240.19b-4(f)(6).
\35\ 15 U.S.C. 78s(b)(3)(A).
\36\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \37\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \38\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that it
may correct inaccuracies and errors, and otherwise provide additional
clarity to its Fees Schedule without delay. The Commission believes
that the proposed rule change raises no novel issues and that waiver of
the operative delay is consistent with the protection of investors and
the public interest. Therefore, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.\39\
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\37\ 17 CFR 240.19b-4(f)(6).
\38\ 17 CFR 240.19b-4(f)(6)(iii).
\39\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 under
Section 19(b)(2)(B) \40\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\40\ 15 U.S.C. 78s(b)(2)(B).
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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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#becccbd2db93ddd1d3d3dbd0cacdfecddbdd90d9d1c8"><span class="__cf_email__" data-cfemail="f280879e97df919d9f9f979c8681b2819791dc959d84">[email protected]</span></a>. Please include
file number SR-CBOE-2026-021 on the subject line.
Paper Comments
<bullet> 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-2026-021. 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 website (https://www.sec.gov/
[[Page 10845]]
rules/sro.shtml). Copies of the filing will be available for inspection
and copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-CBOE-2026-021 and should be submitted on
or before March 26, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
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\41\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-04340 Filed 3-4-26; 8:45 am]
BILLING CODE 8011-01-P
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</html>Indexed from Federal Register on March 5, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.