Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Transaction Fees in Options on the Russell 2000 Index, 34510-34511 [E5-3063]

Download as PDF 34510 Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices appropriate in maintaining adequate trade-to-trade price continuity. The Commission likewise finds that the proposed conforming change to Amex Rule 119, which governs indications, openings, and reopenings, is consistent with the Act. As amended, Amex Rule 119(3)(a)(iii) will provide that a ‘‘significant order imbalance’’ is one which results in a reopening at a price change constituting the greater of 1% or two dollars from the last previous sale for stocks that trade at $20 or more, thus limiting the frequency of trading halts and improving the efficient handling of orders in very high-priced stocks on the Exchange floor. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,9 that the proposed rule change (SR–Amex-2005– 037) and Amendment No. 1 thereto be, and hereby is, approved. designated this proposal as one establishing or changing a due, fee, or other charge imposed by the CBOE under Section 19(b)(3)(A)(ii) of the Act,4 and Rule 19b–4(f)(2) 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. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.10 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–3060 Filed 6–13–05; 8:45 am] CHICAGO BOARD OPTIONS EXCHANGE, INC. FEES SCHEDULE [MARCH 2] APRIL 20, 2005 BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51749; File No. SR-CBOE– 2005–31] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Transaction Fees in Options on the Russell 2000 Index May 26, 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 April 20, 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 CBOE. On May 17, 2005, the CBOE filed Amendment No. 1 to the proposed rule change.3 The CBOE has 9 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 In Amendment No. 1, the Exchange made a few technical corrections to the purpose section and rule text of the proposed rule change and added a sentence to the purpose section to clarify the reason for the proposed reduction in the license fee. The effective date of the original proposed rule change 10 17 VerDate jul<14>2003 20:14 Jun 13, 2005 Jkt 205001 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its Fees Schedule relating to transaction fees in options on the Russell 2000 Index (‘‘RUT’’). Below is the text of the proposed rule change. Proposed new language is italicized; proposed deletions are in [brackets]. 1. OPTIONS TRANSACTION FEES (1)(3)(4)(7): PER CONTRACT EQUITY OPTIONS (13): I.—VIII. Unchanged. QQQQ and SPDR OPTIONS: I.—VI. Unchanged. INDEX OPTIONS (includes Dow Jones DIAMONDS, OEF and other ETF and HOLDRs options): I. CUSTOMER (2): • • • • S&P 100, PREMIUM > or = $1—$.35 S&P 100, PREMIUM < $1—$.20 MNX and NDX—$.15 RUT and REDUCED VALUE RUSSELL 2000—$.15 • ETF and HOLDRs options (except DIA)—$.15 • OTHER INDEXES, PREMIUM > OR = $1—$.45 • OTHER INDEXES, PREMIUM < $1— $.25 II. MARKET-MAKER AND DPM— EXCLUDING DOW JONES PRODUCTS (10)—$.24 MARKET-MAKER—DOW JONES PRODUCTS (10)—$.34 III. MEMBER FIRM PROPRIETARY: (11) • FACILITATION OF CUSTOMER ORDER, MNX and NDX—$.24 • FACILITATION OF CUSTOMER ORDER, OTHER INDEXES—$.20 is April 20, 2005, and the effective date of the amendment is May 17, 2005. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change, as amended, under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on May 17, 2005, the date on which the Exchange submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C). 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 • NON-FACILITATION ORDER—$.24 IV. BROKER-DEALER (EXCLUDING THE PRODUCTS BELOW) INDEX CUSTOMER RATES • ETF, HOLDRS, RUT and REDUCED VALUE RUSSELL 2000, PREMIUM > or = $1—$.45 • ETF, HOLDRS, RUT and REDUCED VALUE RUSSELL 2000, PREMIUM < $1—$.25 • MNX and NDX—$.25 V. NON-MEMBER MARKET MAKER: • S&P 100 (including OEF), PREMIUM > or = $1—$.37 • S&P 100 (including OEF), PREMIUM < $1—$.22 • OTHER INDEXES, PREMIUM > or = $1—$.47 • OTHER INDEXES, PREMIUM < $1— $.27 VI. MNX and NDX LICENSE FEE (15)—$.10 VII. RUT DPM and MARKET MAKER LICENSE FEE (Russell 2000 cash settled index) (12)—$[.40].10 VIII. LINKAGE ORDERS (8)(15): • S&P 100 (OEF), PREMIUM > or = $1— $.35 • S&P 100 (OEF), PREMIUM < $1—$.20 • OTHER INDEXES, PREMIUM > OR = $1—$.45 • OTHER INDEXES, PREMIUM < $1— $.25 2. MARKET-MAKER, e-DPM & DPM MARKETING FEE (in option classes in which a DPM has been appointed)(6) Unchanged. 3. FLOOR BROKERAGE FEE (1)(5): Unchanged. 4. RAES ACCESS FEE (RETAIL AUTOMATIC EXECUTION SYSTEM) (1)(4): Unchanged. Notes: (1)–(11) Unchanged. (12) The RUT License [Transaction] Fee applies to all RUT contracts traded by the DPM and other Market-Makers. [The RUT DPM shall be assessed for any shortfall between the proceeds of the RUT License Fee and the Exchange’s license obligation to Russell.] (13)–(15) Unchanged. 5.–21. Unchanged. Remainder of Fee Schedule— Unchanged. * * * * * 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 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 E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices 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. 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 its Fees Schedule to reduce public customer transaction fees and the license fee assessed to the Designated Primary Market-Maker (‘‘DPM’’) and market-makers in options on the RUT. Specifically, the Exchange proposes to reduce public customer transaction fees to $.15 per contract for transactions in RUT options. Currently, RUT customer transaction fees are $.45 per contract if the premium is greater than or equal to $1 and $.25 per contract if the premium is less than $1. The Exchange believes this proposed fee reduction will help the Exchange compete more effectively for order flow in the RUT product. The Exchange also proposes to reduce from $.40 per contract to $.10 per contract the license fee that is currently assessed on all DPM and market-maker transactions in RUT options (‘‘RUT License Fee’’). The RUT License Fee is assessed by the Exchange to help it recoup the license fees the Exchange pays to the Frank Russell Company (‘‘Russell’’) for its license to trade the RUT product.6 The Exchange recently renegotiated its license agreement with Russell. The license fees owed to Russell have been lowered in conjunction with the renegotiated agreement. As a result, the Exchange has determined to reduce the amount of the RUT License Fee as well as eliminate the requirement that the RUT DPM make up any shortfall between the proceeds of the RUT License Fee and the Exchange’s license obligation to Russell. The Exchange intends to implement these fee changes on May 1, 2005. 2. Statutory Basis The CBOE believes that the proposed rule change is consistent with Section 6(b) of the Act, 7 in general, and furthers the objectives of Section 6(b)(4)8 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 members. 6 See Securities Exchange Act Release No. 49601 (April 22, 2004), 69 FR 23836 (April 30, 2004) (SR– CBOE–2004–19). 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(4). VerDate jul<14>2003 20:14 Jun 13, 2005 Jkt 205001 B. Self-Regulatory Organization’s Statement on Burden on Competition The 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. 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 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 9 and subparagraph (f)(2) of Rule 19b–4 thereunder.10 At any time within 60 days of the filing of the proposed rule change, 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 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 rulecomments@sec.gov. Please include File Number SR–CBOE–2005–31 on the subject line. 34511 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 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 the 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–2005–31 and should be submitted on or before July 5, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.12 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–3063 Filed 6–13–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51795; File No. SR–PCX– 2005–67] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing of Proposed Rule Change Relating to Exchange Fees and Charges June 7, 2005. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Paper Comments notice is hereby given that on May 6, 2005, the Pacific Exchange, Inc. (‘‘PCX’’ • Send paper comments in triplicate or ‘‘Exchange’’) filed with the Securities to Jonathan G. Katz, Secretary, and Exchange Commission Securities and Exchange Commission, (‘‘Commission’’) the proposed rule 450 Fifth Street, NW., Washington, DC change as described in Items I, II and III 20549–0609. below, which Items have been prepared All submissions should refer to File by the PCX. The Commission is Number SR–CBOE–2005–31. This file publishing this notice to solicit number should be included on the subject line if e-mail is used. To help the comments on the proposed rule change from interested persons. Commission process and review your PO 00000 9 15 12 17 10 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 11 See supra note 3. 1 15 Frm 00071 Fmt 4703 Sfmt 4703 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34510-34511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3063]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51749; File No. SR-CBOE-2005-31]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change and Amendment No. 1 Thereto Relating to Transaction Fees in 
Options on the Russell 2000 Index

May 26, 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 April 20, 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 CBOE. 
On May 17, 2005, the CBOE filed Amendment No. 1 to the proposed rule 
change.\3\ The CBOE has designated this proposal as one establishing or 
changing a due, fee, or other charge imposed by the CBOE under Section 
19(b)(3)(A)(ii) of the Act,\4\ and Rule 19b-4(f)(2) 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 made a few technical 
corrections to the purpose section and rule text of the proposed 
rule change and added a sentence to the purpose section to clarify 
the reason for the proposed reduction in the license fee. The 
effective date of the original proposed rule change is April 20, 
2005, and the effective date of the amendment is May 17, 2005. 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 May 17, 2005, the date on which 
the Exchange submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule relating to 
transaction fees in options on the Russell 2000 Index (``RUT''). Below 
is the text of the proposed rule change. Proposed new language is 
italicized; proposed deletions are in [brackets].

CHICAGO BOARD OPTIONS EXCHANGE, INC. FEES SCHEDULE [MARCH 2] APRIL 20, 
2005

    1. OPTIONS TRANSACTION FEES (1)(3)(4)(7): PER CONTRACT
    EQUITY OPTIONS (13):
    I.--VIII. Unchanged.
    QQQQ and SPDR OPTIONS:
    I.--VI. Unchanged.
    INDEX OPTIONS (includes Dow Jones DIAMONDS, OEF and other ETF and 
HOLDRs options):
    I. CUSTOMER (2):


 S&P 100, PREMIUM > or = $1--$.35
 S&P 100, PREMIUM < $1--$.20
 MNX and NDX--$.15
 RUT and REDUCED VALUE RUSSELL 2000--$.15
 ETF and HOLDRs options (except DIA)--$.15
 OTHER INDEXES, PREMIUM > OR = $1--$.45
 OTHER INDEXES, PREMIUM < $1--$.25
    II. MARKET-MAKER AND DPM--EXCLUDING DOW JONES PRODUCTS (10)--$.24

MARKET-MAKER--DOW JONES PRODUCTS (10)--$.34
    III. MEMBER FIRM PROPRIETARY: (11)

 FACILITATION OF CUSTOMER ORDER, MNX and NDX--$.24
 FACILITATION OF CUSTOMER ORDER, OTHER INDEXES--$.20
 NON-FACILITATION ORDER--$.24

    IV. BROKER-DEALER (EXCLUDING THE PRODUCTS BELOW) INDEX CUSTOMER 
RATES

 ETF, HOLDRS, RUT and REDUCED VALUE RUSSELL 2000, PREMIUM > or 
= $1--$.45
 ETF, HOLDRS, RUT and REDUCED VALUE RUSSELL 2000, PREMIUM < 
$1--$.25
 MNX and NDX--$.25

    V. NON-MEMBER MARKET MAKER:

 S&P 100 (including OEF), PREMIUM > or = $1--$.37
 S&P 100 (including OEF), PREMIUM < $1--$.22
 OTHER INDEXES, PREMIUM > or = $1--$.47
 OTHER INDEXES, PREMIUM < $1--$.27

    VI. MNX and NDX LICENSE FEE (15)--$.10
    VII. RUT DPM and MARKET MAKER LICENSE FEE (Russell 2000 cash 
settled index) (12)--$[.40].10
    VIII. LINKAGE ORDERS (8)(15):

 S&P 100 (OEF), PREMIUM > or = $1--$.35
 S&P 100 (OEF), PREMIUM < $1--$.20
 OTHER INDEXES, PREMIUM > OR = $1--$.45
 OTHER INDEXES, PREMIUM < $1--$.25

    2. MARKET-MAKER, e-DPM & DPM MARKETING FEE (in option classes in 
which a DPM has been appointed)(6) Unchanged.
    3. FLOOR BROKERAGE FEE (1)(5): Unchanged.
    4. RAES ACCESS FEE (RETAIL AUTOMATIC EXECUTION SYSTEM) (1)(4): 
Unchanged.
    Notes: (1)-(11) Unchanged.
    (12) The RUT License [Transaction] Fee applies to all RUT contracts 
traded by the DPM and other Market-Makers. [The RUT DPM shall be 
assessed for any shortfall between the proceeds of the RUT License Fee 
and the Exchange's license obligation to Russell.]
    (13)-(15) Unchanged.
    5.-21. Unchanged.
    Remainder of Fee Schedule--Unchanged.
* * * * *

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 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

[[Page 34511]]

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.

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 its Fees Schedule to reduce public 
customer transaction fees and the license fee assessed to the 
Designated Primary Market-Maker (``DPM'') and market-makers in options 
on the RUT.
    Specifically, the Exchange proposes to reduce public customer 
transaction fees to $.15 per contract for transactions in RUT options. 
Currently, RUT customer transaction fees are $.45 per contract if the 
premium is greater than or equal to $1 and $.25 per contract if the 
premium is less than $1. The Exchange believes this proposed fee 
reduction will help the Exchange compete more effectively for order 
flow in the RUT product.
    The Exchange also proposes to reduce from $.40 per contract to $.10 
per contract the license fee that is currently assessed on all DPM and 
market-maker transactions in RUT options (``RUT License Fee''). The RUT 
License Fee is assessed by the Exchange to help it recoup the license 
fees the Exchange pays to the Frank Russell Company (``Russell'') for 
its license to trade the RUT product.\6\ The Exchange recently 
renegotiated its license agreement with Russell. The license fees owed 
to Russell have been lowered in conjunction with the renegotiated 
agreement. As a result, the Exchange has determined to reduce the 
amount of the RUT License Fee as well as eliminate the requirement that 
the RUT DPM make up any shortfall between the proceeds of the RUT 
License Fee and the Exchange's license obligation to Russell.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 49601 (April 22, 
2004), 69 FR 23836 (April 30, 2004) (SR-CBOE-2004-19).
---------------------------------------------------------------------------

    The Exchange intends to implement these fee changes on May 1, 2005.
2. Statutory Basis
    The CBOE believes that the proposed rule change is consistent with 
Section 6(b) of the Act, \7\ in general, and furthers the objectives of 
Section 6(b)(4)\8\ 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 members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The 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.

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

    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 \9\ and subparagraph (f)(2) 
of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, 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\
---------------------------------------------------------------------------

    \11\ See supra note 3.
---------------------------------------------------------------------------

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-2005-31 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-2005-31. 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 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 the 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-2005-31 and should be submitted on or before July 
5, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-3063 Filed 6-13-05; 8:45 am]
BILLING CODE 8010-01-P
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