Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change, and Amendment No. 1 Thereto, by the Chicago Board Options Exchange, Incorporated Relating to the Appointment of the Chairman and Members of CBOE's Regulatory Oversight Committee, 18064-18066 [E5-1621]
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18064
Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices
Information Processing Standard (FIPS)
201: Personal Identity Verification for
Federal Employees and Contractors) was
issued on February 25, 2005 and can be
found at: https://www.csrc.nist.gov/pivproject/.
The Director of the Office of
Management and Budget was asked to
ensure agency compliance with this
Directive. This agency implementation
guidance provides specific instructions
to agency heads on how to implement
the Directive and the Department of
Commerce Standard (FIPS 201). To
better inform your comments, first read
FIPS 201.
On January 19, 2005 the General
Services Administration, in partnership
with the Department of Commerce and
the Office of Management and Budget,
held a public meeting to address the
privacy and security concerns as they
may affect individuals, including
Federal employees and contractors as
well as the public at large, in
implementation. This meeting informed
this implementation guidance.
Karen S. Evans,
Administrator for E-Government and
Information Technology.
[FR Doc. 05–6959 Filed 4–7–05; 8:45 am]
BILLING CODE 3110–01–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review
Summary: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) has submitted
the following proposal(s) for the
collection of information to the Office of
Management and Budget for review and
approval.
Summary of Proposal(s):
(1) Collection title: Medical Reports.
(2) Form(s) submitted: G–3EMP, G–
197, G–250, G–250a, G–260, RL–11b,
RL–11d and RL–250.
(3) OMB Number: 3220–0038.
(4) Expiration date of current OMB
clearance: November 30, 2005.
(5) Type of request: Revision of a
currently approved collection.
(6) Respondents: Businesses or other
for-profit, Non-profit institutions, State,
Local or Tribal Government.
(7) Estimated annual number of
respondents: 35,900.
(8) Total annual responses: 35,900.
(9) Total annual reporting hours:
10,001.
(10) Collection description: The
Railroad Retirement Act provides
disability annuities for qualified
VerDate jul<14>2003
19:00 Apr 07, 2005
Jkt 205001
railroad employees whose physical or
mental condition renders them
incapable of working in their regular
occupation (occupational disability) or
any occupation (total disability). The
medical reports obtain information
needed for determining the nature and
severity of the impairment.
Additional Information or Comments:
Copies of the forms and supporting
documents can be obtained from
Charles Mierzwa, the agency clearance
officer (312–751–3363) or
Charles.Mierzwa@rrb.gov.
Comments regarding the information
collection should be addressed to
Ronald J. Hodapp, Railroad Retirement
Board, 844 North Rush Street, Chicago,
Illinois, 60611–2092 or
Ronald.Hodapp@rrb.gov and to the
OMB Desk Officer for the RRB, at the
Office of Management and Budget,
Room 10230, New Executive Office
Building, Washington, DC 20503.
Dated: April 5, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. 05–7186 Filed 4–6–05; 11:57 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51472; File No. SR–CBOE–
2005–25]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change, and
Amendment No. 1 Thereto, by the
Chicago Board Options Exchange,
Incorporated Relating to the
Appointment of the Chairman and
Members of CBOE’s Regulatory
Oversight Committee
April 4, 2005.
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 March 16,
2005, the Chicago Board Options
BILLING CODE 7905–01–P
Exchange, Incorporated (‘‘CBOE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
SECURITIES AND EXCHANGE
(‘‘Commission’’) the proposed rule
COMMISSION
change as described in Items I, II and III
below, which Items have been prepared
Sunshine Act Meeting
by the Exchange. On March 17, 2005,
FEDERAL REGISTER CITATION OF PREVIOUS
the Exchange filed Amendment No. 1 to
ANNOUNCEMENT: [70 FR 17270, April 5,
the proposed rule change.3 The
2005].
Exchange has designated the proposed
STATUS: Open meeting.
rule change, as amended, as ‘‘nonPLACE: 450 Fifth Street, NW.,
controversial’’ under Section 19(b)(3)(A)
Washington, DC.
of the Act 4 and Rule 19b–4(f)(6)
DATE AND TIME OF PREVIOUSLY ANNOUNCED thereunder,5 which renders the proposal
MEETING: Wednesday, April 6, 2005 at 10 effective upon filing with the
Commission. The Commission is
a.m.
CHANGE IN THE MEETING: Additional item. publishing this notice to solicit
The following item has been added to comments on the proposed rule change,
as amended, from interested persons.
the open meeting scheduled for
Wednesday, April 6, 2005 as part of
I. Self-Regulatory Organization’s
consideration of whether to adopt
Statement of the Terms of Substance of
Regulation NMS:
the Proposed Rule Change
Charles Mierzwa,
Clearance Officer.
[FR Doc. 05–7035 Filed 4–7–05; 8:45 am]
In addition, the Commission will consider
whether to adopt a technical amendment
jointly with the Commodity Futures Trading
Commission to make conforming changes in
the language of Rule 3a55–1 under the
Exchange Act.
Commissioner Campos, as duty
officer, determined that Commission
business required the above change and
that no earlier notice thereof was
possible.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 942–7070.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
CBOE proposes to amend CBOE Rule
2.1 pertaining to the appointment of the
members and the chairman of CBOE’s
Regulatory Oversight Committee. Below
is the text of the proposed rule change,
as amended. Proposed new language is
in italics.
*
*
*
*
*
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 In Amendment No. 1, the Exchange revised
Section III of Exhibit 1 to the proposal to set forth
expressly the requirements contained in Rule 19b–
4(f)(6) under the Act for the designation of the
proposed rule change as ‘‘non-controversial.’’
4 15 U.S.C. 78s(b)(3)(A).
5 17 CFR 240.19b–4(f)(6).
2 17
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices
Chicago Board Options Exchange,
Incorporated
*
Rules
*
*
*
*
*
CHAPTER II—ORGANIZATION AND
ADMINISTRATION
PART–A—COMMITTEES
Committees of the Exchange
Rule 2.1. Committees of the Exchange
Rule 2.1(a) Establishment of
Committees. In addition to committees
specifically provided for in the
Constitution, there shall be the
following committees: Appeals,
Arbitration, Business Conduct,
appropriate Floor Procedure
Committees, Floor Officials, appropriate
Market Performance Committees,
Membership, Product Development and
such other committees as may be
established in accordance with the
Constitution. Except as may be
otherwise provided in the Constitution
or the Rules, the Vice Chairman of the
Board, with the approval of the Board,
shall appoint the chairmen and
members of such committees to serve
for terms expiring at the first regular
meeting of the Board of Directors of the
next calendar year and until their
successors are appointed or their earlier
death, resignation or removal.
Consideration shall be given to
continuity and to having, where
appropriate, a cross section of the
membership represented on each
committee. Except as may be otherwise
provided in the Constitution or the
Rules, the Vice Chairman of the Board
may, at any time, with or without cause,
remove any member of such
committees. Any vacancy occurring in
one of these committees shall be filled
by the Vice Chairman of the Board for
the remainder of the term.
Notwithstanding the foregoing, the
Chairman of the Board, with the
approval of the Board, shall appoint
Directors to serve on the Governance
Committee and the Regulatory Oversight
Committee, whose members shall not be
subject to removal except by the Board.
The Chairman of the Governance
Committee and the Chairman of the
Regulatory Oversight Committee shall
be appointed by the Chairman of the
Board. Whenever the Vice Chairman of
the Board is, or has reason to believe he
may become, a party to any proceeding
of an Exchange committee, he shall not
exercise his power to appoint or remove
members of that committee, and the
Chairman of the Board shall have such
power.
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19:00 Apr 07, 2005
Jkt 205001
(b)–(d) No change.
*
*
*
*
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, as amended,
and discussed any comments it received
on the proposal. The text of those
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change, as amended, is to amend CBOE
Rule 2.1 to provide that the Chairman of
the Board shall have the authority to
appoint the directors who will serve on
CBOE’s Regulatory Oversight
Committee, and also to appoint the
chairman of the Regulatory Oversight
Committee.6 The Regulatory Oversight
Committee is a standing committee of
CBOE’s Board of Directors, which
generally oversees the independence
and integrity of the regulatory functions
of the Exchange, and seeks to ensure
that the regulatory functions of the
Exchange remain free from
inappropriate influence. Pursuant to its
Board approved charter, the Regulatory
Oversight Committee is comprised
solely of public directors.
The proposed amendment to CBOE
Rule 2.1 granting to the Chairman of the
Board the authority to appoint the
members and the chairman of the
Regulatory Oversight Committee is
consistent with other provisions in
CBOE’s Constitution and rules which
grant CBOE’s Chairman of the Board the
authority to appoint the members and
chairman of other committees of the
Board of Directors, such as the Audit,
Compensation and Governance
Committees.
2. Statutory Basis
The Exchange believes that the
proposed rule change, as amended, is
18065
consistent with the requirements of
Section 6(b) of the Act,7 in general, and
Section 6(b)(5) of the Act,8 in particular,
in that the proposed rule change is
designed to promote just and equitable
principles of trade, remove
impediments to and perfect the
mechanisms 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
The Exchange does not believe that
the proposed rule change, as amended,
will impose any burden on competition
not necessary or appropriate in
furtherance of the purposes of the Act.
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 written comments on the
proposed rule change, as amended.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange asserts that the
foregoing proposed rule change, as
amended, has become effective upon
filing pursuant to Section 19(b)(3)(A) of
the Act 9 and Rule 19b–4(f)(6)
thereunder 10 because it 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 of filing, or such shorter
time as the Commission may designate
if consistent with the protection of
investors and the public interest;
provided that the self-regulatory
organization has given the Commission
written notice of its intent to file the
proposed rule change at least five
business days prior to the filing date of
the proposed rule change.
At any time within 60 days of the
filing of the proposed rule change, as
amended, the Commission may
summarily abrogate 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.11
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
11 For purposes of calculating the 60-day period
within which the Commission may summarily
abrogate the proposed rule change, as amended,
8 15
6 Pursuant to Section 7.1 of CBOE’s Constitution,
CBOE’s Vice Chairman has the authority to appoint
the directors to serve on the Regulatory Oversight
Committee and the chairman of such committee,
except as may be otherwise provided in the
Constitution or Rules.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
E:\FR\FM\08APN1.SGM
Continued
08APN1
18066
Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–1621 Filed 4–7–05; 8:45 am]
BILLING CODE 8010–01–P
Electronic Comments
DEPARTMENT OF STATE
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2005–25 on the
subject line.
Bureau of Oceans and International
Environmental and Scientific Affairs
Paper Comments
ACTION:
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number SR–CBOE–2005–25. 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 (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, as amended,
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 inspection and copying
in the Commission’s Public Reference
Room. 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–2005–25 and should
be submitted on or before April 29,
2005.
SUMMARY: The United States is a Party
to the United Nations Framework
Convention on Climate Change
(UNFCCC). The Convention sets forth
requirements for UNFCCC Parties to
provide a national communication that
lists the steps they are taking to
implement the Convention. In
particular, Parties are to provide: An
inventory of anthropogenic emissions
by sources and removal by sinks of all
greenhouse gases not controlled by the
Montreal Protocol; a detailed
description of the policies and measures
adopted to implement their
commitments under the Convention;
and estimates of the effects those
policies and measures will have on
emissions and sinks. Subsequent
guidelines further elaborate the
information that Parties are to submit
periodically. The United States
submitted the first U.S. Climate Action
Report (USCAR) to the UNFCCC
Secretariat in 1994, the second in 1997,
and the third in 2002. The U.S.
Government is currently preparing its
fourth national communication, which
is due to the UNFCCC secretariat no
later than January 1, 2006. The purpose
of this announcement is to notify
interested members of the public of this
process and to solicit contributions and
input on the issues covered in the
national communication for the purpose
of preparing the report. The State
Department intends to make available
for public review a draft national
communication in summer of 2005.
DATES: Written comments should be
received on or before noon, April 29,
2005.
[Public Notice 5041]
Preparation of Fourth U.S. Climate
Action Report
Department of State.
Notice.
AGENCY:
To expedite their receipt,
comments should be submitted via email to: OESCommentsCAR4@state.gov.
ADDRESSES:
under Section 19(b)(3)(C) of the Act, the
Commission considers the period to commence on
March 17, 2005, the date on which the Exchange
submitted Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
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19:00 Apr 07, 2005
Jkt 205001
PO 00000
12 17
CFR 200.30–3(a)(12).
Frm 00111
Fmt 4703
Sfmt 4703
Comments may also be submitted in
hard copy to Mr. Graham M. Pugh, U.S.
Department of State, Bureau of Oceans
and International Environmental and
Scientific Affairs, Office of Global
Change (Room 4330), 2201 C Street,
NW., Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT: Mr.
Graham M. Pugh, U.S. Department of
State, Bureau of Oceans and
International Environmental and
Scientific Affairs, Office of Global
Change at (202) 647–4688.
SUPPLEMENTARY INFORMATION:
The Fourth United States Climate
Action Report (CAR)
Articles 4.2 and 12 set forth initial
requirements for national
communications. Subsequently, Parties
to the UNFCCC elaborated additional
detailed guidelines relating to the
content of the national communications.
An overview of the reporting
requirements is available from the
UNFCCC Web site at: https://unfccc.int/
national_reports/annexlilnatcom_/
items/1095.php, while details regarding
preparation of the fourth national
communication are at: https://unfccc.int/
national_reports/
annex_i_national_communications/
fourth_national_communications/items/
3360.php.
Guidelines specify chapter headings
and the type of information that should
be included in the report. Chapters are
identified below.
Table of Contents
I. Executive Summary
II. National Circumstances
III. Greenhouse Gas Inventory
IV. Policies and Measures
V. Projections and Effects of Policies and
Measures
VI. Vulnerability Assessment, Climate
Change Impacts, and Adaptation
Measures
VII. Financial Resources and Transfer of
Technology
VIII. Research and Systematic Observation
IX. Education, Training, and Public
Awareness
In keeping with UNFCCC guidelines,
the Fourth CAR will provide an
inventory of U.S. greenhouse gas
emissions and sinks and an estimate of
the effects of mitigation policies and
measures on future emissions levels. It
will describe domestic programs as well
as U.S. involvement in international
efforts, including technology programs
and associated contributions and
funding.
In addition, the text will include a
discussion of U.S. national
circumstances that affect U.S.
vulnerability and responses to climate
change. Information on the U.S. Climate
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Pages 18064-18066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1621]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-51472; File No. SR-CBOE-2005-25]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change, and Amendment No. 1 Thereto,
by the Chicago Board Options Exchange, Incorporated Relating to the
Appointment of the Chairman and Members of CBOE's Regulatory Oversight
Committee
April 4, 2005.
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 March 16, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``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
Exchange. On March 17, 2005, the Exchange filed Amendment No. 1 to the
proposed rule change.\3\ The Exchange has designated the proposed rule
change, as amended, as ``non-controversial'' under Section 19(b)(3)(A)
of the Act \4\ and Rule 19b-4(f)(6) thereunder,\5\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ In Amendment No. 1, the Exchange revised Section III of
Exhibit 1 to the proposal to set forth expressly the requirements
contained in Rule 19b-4(f)(6) under the Act for the designation of
the proposed rule change as ``non-controversial.''
\4\ 15 U.S.C. 78s(b)(3)(A).
\5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CBOE proposes to amend CBOE Rule 2.1 pertaining to the appointment
of the members and the chairman of CBOE's Regulatory Oversight
Committee. Below is the text of the proposed rule change, as amended.
Proposed new language is in italics.
* * * * *
[[Page 18065]]
Chicago Board Options Exchange, Incorporated
Rules
* * * * *
CHAPTER II--ORGANIZATION AND ADMINISTRATION
PART-A--COMMITTEES
Committees of the Exchange
Rule 2.1. Committees of the Exchange
Rule 2.1(a) Establishment of Committees. In addition to committees
specifically provided for in the Constitution, there shall be the
following committees: Appeals, Arbitration, Business Conduct,
appropriate Floor Procedure Committees, Floor Officials, appropriate
Market Performance Committees, Membership, Product Development and such
other committees as may be established in accordance with the
Constitution. Except as may be otherwise provided in the Constitution
or the Rules, the Vice Chairman of the Board, with the approval of the
Board, shall appoint the chairmen and members of such committees to
serve for terms expiring at the first regular meeting of the Board of
Directors of the next calendar year and until their successors are
appointed or their earlier death, resignation or removal. Consideration
shall be given to continuity and to having, where appropriate, a cross
section of the membership represented on each committee. Except as may
be otherwise provided in the Constitution or the Rules, the Vice
Chairman of the Board may, at any time, with or without cause, remove
any member of such committees. Any vacancy occurring in one of these
committees shall be filled by the Vice Chairman of the Board for the
remainder of the term. Notwithstanding the foregoing, the Chairman of
the Board, with the approval of the Board, shall appoint Directors to
serve on the Governance Committee and the Regulatory Oversight
Committee, whose members shall not be subject to removal except by the
Board. The Chairman of the Governance Committee and the Chairman of the
Regulatory Oversight Committee shall be appointed by the Chairman of
the Board. Whenever the Vice Chairman of the Board is, or has reason to
believe he may become, a party to any proceeding of an Exchange
committee, he shall not exercise his power to appoint or remove members
of that committee, and the Chairman of the Board shall have such power.
(b)-(d) No change.
* * * * *
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, as
amended, and discussed any comments it received on the proposal. The
text of those 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change, as amended, is to amend
CBOE Rule 2.1 to provide that the Chairman of the Board shall have the
authority to appoint the directors who will serve on CBOE's Regulatory
Oversight Committee, and also to appoint the chairman of the Regulatory
Oversight Committee.\6\ The Regulatory Oversight Committee is a
standing committee of CBOE's Board of Directors, which generally
oversees the independence and integrity of the regulatory functions of
the Exchange, and seeks to ensure that the regulatory functions of the
Exchange remain free from inappropriate influence. Pursuant to its
Board approved charter, the Regulatory Oversight Committee is comprised
solely of public directors.
---------------------------------------------------------------------------
\6\ Pursuant to Section 7.1 of CBOE's Constitution, CBOE's Vice
Chairman has the authority to appoint the directors to serve on the
Regulatory Oversight Committee and the chairman of such committee,
except as may be otherwise provided in the Constitution or Rules.
---------------------------------------------------------------------------
The proposed amendment to CBOE Rule 2.1 granting to the Chairman of
the Board the authority to appoint the members and the chairman of the
Regulatory Oversight Committee is consistent with other provisions in
CBOE's Constitution and rules which grant CBOE's Chairman of the Board
the authority to appoint the members and chairman of other committees
of the Board of Directors, such as the Audit, Compensation and
Governance Committees.
2. Statutory Basis
The Exchange believes that the proposed rule change, as amended, is
consistent with the requirements of Section 6(b) of the Act,\7\ in
general, and Section 6(b)(5) of the Act,\8\ in particular, in that the
proposed rule change is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change, as
amended, will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
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 written comments on the
proposed rule change, as amended.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange asserts that the foregoing proposed rule change, as
amended, has become effective upon filing pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder \10\ because
it does not:
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
(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 of filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest; provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change at least five business days
prior to the filing date of the proposed rule change.
At any time within 60 days of the filing of the proposed rule
change, as amended, the Commission may summarily abrogate 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.\11\
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\11\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, as
amended, under Section 19(b)(3)(C) of the Act, the Commission
considers the period to commence on March 17, 2005, the date on
which the Exchange submitted Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
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[[Page 18066]]
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2005-25 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW.,
Washington, DC 20549-0609.
All submissions should refer to File Number SR-CBOE-2005-25. 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 (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, as amended, 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
inspection and copying in the Commission's Public Reference Room.
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-2005-25 and should be submitted on or before April
29, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-1621 Filed 4-7-05; 8:45 am]
BILLING CODE 8010-01-P
