Self-Regulatory Organizations; Chicago Board Options Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Amending Obvious Error Rules, 40084-40086 [E5-3666]
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40084
Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
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–Amex–2005–070 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–Amex–2005–070. 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
Amex’s Office of the Secretary. 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–Amex–2005–070 and
should be submitted on or before
August 2, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5–3684 Filed 7–11–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51969; File No. SR–CBOE–
2005–44]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Inc.; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Amending Obvious Error
Rules
July 5, 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 June 14,
2005, the Chicago Board Options
Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the CBOE. The
Exchange filed the proposed rule change
as a ‘‘non-controversial’’ rule change
under Rule 19b–4(f)(6) under the Act,3
which renders the proposal effective
upon filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The CBOE proposes to revise its
obvious error rules for equity and index
options. Below is the text of the
proposed rule change. Proposed
deletions are in [brackets].
*
*
*
*
*
Chicago Board Options Exchange,
Incorporated
*
*
*
*
*
Rule 6.25 Nullification and
Adjustment of Equity Option
Transactions
This Rule governs the nullification
and adjustment of transactions
involving equity options. Rule 24.16
governs the nullification and adjustment
of transactions involving index options
and options on ETFs and HOLDRs.
Paragraphs (a)(1), and (2) of this Rule
have no applicability to trades executed
in open outcry.
(a) Trades Subject to Review
A member or person associated with
a member may have a trade adjusted or
nullified if, in addition to satisfying the
procedural requirements of paragraph
1 15
17 17
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
CFR 200.30–3(a)(12).
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(b) below, one of the following
conditions is satisfied:
(1) No change
(2) No Bid Series: Electronic
transactions in series quoted no bid [at
a nickel (i.e., $0.05 offer)] will be
nullified provided at least one strike
price below (for calls) or above (for puts)
in the same options class was quoted no
bid [at a nickel] at the time of execution.
(3)–(5) No change
(b)–(e) No change
*
*
*
*
*
Rule 24.16 Nullification and
Adjustment of Index Option
Transactions
This Rule only governs the
nullification and adjustment of
transactions involving index options
and options on ETFs or HLDRs. Rule
6.25 governs the nullification and
adjustment of transactions involving
equity options. Paragraphs (a)(1), (2), (6)
and (7) of this Rule have no
applicability to trades executed in open
outcry.
(a) Trades Subject to Review
A member or person associated with
a member may have a trade adjusted or
nullified if, in addition to satisfying the
procedural requirements of paragraph
(b) below, one of the following
conditions is satisfied:
(1)–(6) No change
(7) No Bid Series: Electronic
transactions in series quoted no bid [at
a nickel (i.e., $0.05 offer)] will be
nullified provided at least one strike
price below (for calls) or above (for puts)
in the same options class was quoted no
bid [at a nickel] at the time of execution.
(b)–(e) 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
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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, Proposed Rule
Change
1. Purpose
The CBOE proposes to revise its
obvious error rules with respect to
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
equities and indexes (CBOE Rules 6.25
and 24.16, respectively) (‘‘Obvious Error
Rules’’) to adjust the terms that relate to
the nullification of no bid series as set
forth in CBOE Rules 6.25(a)(2) and
24.16(a)(7) (together ‘‘No Bid
Provisions’’).
Under the current No Bid Provisions,
electronic transactions in option series
quoted no bid at a nickel (i.e., $0.05
offer) are nullified provided at least one
strike price below (for calls) or above
(for puts) in the same options class is
quoted no bid at a nickel at the time of
execution. A ‘‘no bid’’ option refers to
an option where the bid price is $0.00.4
Series of options quoted no bid are
usually deep out-of-the-money series
that are perceived as having little if any
chance of expiring in-the-money.5 For
this reason, relatively few transactions
occur in these series, and those that do
are usually the result of a momentary
pricing error. In some cases, the pricing
error is substantial enough such that
other provisions in the Obvious Error
Rules become applicable. The Exchange
asserts that in many cases though, the
No Bid Provisions are the only
provisions that would apply to the
pricing error.
The proposed rule change would
remove the condition set forth in the No
Bid Provisions that provides that the
option series must be offered at a nickel
and instead only require that the option
series be quoted no bid. The Exchange
states that the reason for this change is
that options that are priced at no bid,
regardless of the offer, are usually deep
out-of-the-money series that are
perceived as having little if any chance
of expiring in-the-money. This is
especially the case when the series
below (for calls) or above (for puts) in
the same option class similarly is
quoted no bid. In this regard, the offer
price is irrelevant. Therefore,
transactions that are no bid at a dime,
for example, are just as likely to be the
result of an obvious error as are
transactions that are no bid at a nickel
when the series below (for calls) or
above (for puts) in the same option class
similarly is quoted no bid. The
Exchange also notes that the text of the
No Bid Provisions, as proposed, is
substantively identical to Rule
1092(c)(ii)(E) of the Philadelphia Stock
Exchange (‘‘Phlx’’) Rulebook, which
applies to options on stocks, exchangetraded fund shares, and foreign
currencies.
4 When the bid price is $0.00, the offer price is
typically $0.05. In this instance, the option
typically is referred to as ‘‘no bid at a nickel.’’
5 For example, on July 11th with the underlying
stock trading at $21, the JULY 40 calls likely will
be quoted no-bid at a nickel.
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16:15 Jul 11, 2005
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2. Statutory Basis
The CBOE believes that the filing
provides for the nullification of certain
trades that result from an inaccurate
pricing anomaly. For this reason, and
because the same provision has already
been approved for the Phlx,6 the
Exchange believes that its proposal is
consistent with Section 6(b) of the Act 7
in general, and furthers the objectives of
Section 6(b)(5) of the Act 8 in particular,
in that it is designed to promote just and
equitable principles of trade, remove
impediments to and perfect the
mechanism of a free and open market
and national market system and, in
general, to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The CBOE does not believe that the
proposed rule change will impose any
inappropriate 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 CBOE neither solicited nor
received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i)
Does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days after the date of
filing (or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest), the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 9 and
subparagraph (f)(6) of Rule 19b-4
thereunder.10 As required under Rule
19b-4(f)(6)(iii),11 the Exchange provided
the Commission with 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 the filing of the proposed rule change.
6 See Securities Exchange Act Release No. 49785
(May 28, 2004), 69 FR 32090 (June 8, 2004) (Order
approving adoption of Phlx Rule 1092(c)(ii)(E)).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b-4(f)(6).
11 17 CFR 240.19b-4(f)(6)(iii).
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40085
A proposed rule change filed under
19b-4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.12 However, Rule 19b4(f)(6)(iii) 13 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. In
addition, the Exchange has requested
that the Commission waive the 30-day
operative delay and render the proposed
rule change to become operative
immediately. The Commission believes
that waiving the 30-day operative delay
is consistent with the protection of
investors and the public interest. Waiver
of the 30-day operative delay would
enable the Exchange to implement the
proposal as quickly as possible. In
addition, the Commission notes that the
proposed No Bid Provisions are
substantially identical to Phlx Rule
1092(c)(ii)(E). The Commission does not
believe that the proposed rule change
raises new regulatory issues. For the
reasons stated above, the Commission
designates the proposal to become
operative immediately.14
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 the furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR-CBOE-2005-44 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9309.
12 Id.
13 Id.
14 For purposes of waiving the operative date of
this proposal only, the Commission has considered
the impact of the proposed rule on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
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40086
Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
All submissions should refer to File
Number SR–CBOE–2005–44. 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
Section. 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–2005–44 and should
be submitted on or before August 2,
2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–3666 Filed 7–11–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51967; File No. SR–CHX–
2004–25]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing of Proposed Rule Change and
Amendment Nos. 1 and 2 Thereto
Relating to a Prohibition on Using a
Layoff Service Unless the Service
Provides Required Information to the
Exchange
July 1, 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 August
31, 2004, the Chicago Stock Exchange,
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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16:15 Jul 11, 2005
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Inc. (‘‘CHX’’ 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 CHX. On
June 7, 2005 and June 27, 2005, the
Exchange filed Amendment Nos. 1 3 and
2 4 to the proposed rule change,
respectively. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
CHX Article V, Rule 4 to prohibit
Exchange participants, beginning
August 1, 2005, from using any
communications means to send orders
to another market for execution (‘‘layoff
service’’), unless that layoff service has
established a process for providing the
Exchange with specific information
about the orders and the executions that
participants receive. The text of the
proposed rule change, as amended, is
available on CHX’s Web site (https://
www.chx.com/marketreg/proposed
rules.htm), at CHX’s principal office,
and at the Commission’s Public
Reference Room.
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
CHX included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received regarding the
proposal. The text of these statements
may be examined at the places specified
in Item IV below. The CHX 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
Changes
1. Purpose
The Exchange’s participants execute
trades on the Exchange and on other
3 See Amendment No. 1 dated June 7, 2005. In
Amendment No. 1, the Exchange modified the text
of the proposed rule change in response to
comments by the Commission staff. See infra notes
12–16 and accompanying text for a description of
items included in Amendment No. 1.
4 See Amendment No. 2 dated June 27, 2005,
replacing the original filing and Amendment No. 1
in their entirety. In Amendment No. 2, the
Exchange eliminated the requirement to provide
information about the contra party to the execution
and made other technical changes to the proposal.
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markets. Most interaction with other
markets occurs through electronic
systems that are provided either by
other markets themselves or by
members of those markets. Although the
Exchange currently receives execution
information about its participants’
trading in other markets, the Exchange
believes that it could conduct more
efficient surveillance of its participants’
order-handling activities if it received
additional types of information.
This proposal, which would amend
the Exchange’s rule relating to
communications from the trading floor,
is designed to provide the Exchange
with the layoff service information that
it needs to enhance its surveillance
programs. Specifically, the proposal
would prohibit Exchange participants,
beginning August 1, 2005, from using a
layoff service to send orders to another
market for execution, unless that service
(or the participant using the service) has
established a process for providing the
Exchange with the following specific
information: (1) The symbol of the
security to be traded; (2) the clearing
organization; (3) an order identifier that
uniquely identifies the order; (4) the
participant recording the order details;
(5) the number of shares; (6) the side of
the market on which the order is placed;
(7) a designation of the order type (e.g.,
market, limit, stop, stop limit); (8)
whether the order is for the account of
a customer or for the account of the
participant sending the order; (9)
whether the order is short or short
exempt; (10) any limit price and/or stop
price; (11) the date and time of order
transmission; (12) the market to which
the order was transmitted; (13) the time
in force; (14) a designation of the order
as held or not held; (15) any special
conditions or instructions associated
with the order (including any customer
do-not-display instructions or all-ornone conditions); (16) any modifications
to the details set out in (1) through (15),
for all or part of an order or any
cancellation of all or part of the order;
(17) the date and time of the
transmission of any modifications to the
order or any cancellation of the order;
(18) the date and time of any order
expiration; (19) the identification of the
party canceling or modifying the order;
(20) the transaction price; (21) the
number of shares executed; (22) the date
and time of execution; (23) settlement
instructions; (24) a system-generated
time(s) of recording the required
information; and (25) any other
information that the Exchange may
require from time to time.5 For purposes
5 See Proposed CHX Article V, Rule 4,
Interpretation and Policy .01.
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]]>Agencies
[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40084-40086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3666]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-51969; File No. SR-CBOE-2005-44]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Amending Obvious Error Rules
July 5, 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 June 14, 2005, the Chicago Board Options Exchange, Inc. (``CBOE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the CBOE. The Exchange
filed the proposed rule change as a ``non-controversial'' rule change
under Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The CBOE proposes to revise its obvious error rules for equity and
index options. Below is the text of the proposed rule change. Proposed
deletions are in [brackets].
* * * * *
Chicago Board Options Exchange, Incorporated
* * * * *
Rule 6.25 Nullification and Adjustment of Equity Option Transactions
This Rule governs the nullification and adjustment of transactions
involving equity options. Rule 24.16 governs the nullification and
adjustment of transactions involving index options and options on ETFs
and HOLDRs. Paragraphs (a)(1), and (2) of this Rule have no
applicability to trades executed in open outcry.
(a) Trades Subject to Review
A member or person associated with a member may have a trade
adjusted or nullified if, in addition to satisfying the procedural
requirements of paragraph (b) below, one of the following conditions is
satisfied:
(1) No change
(2) No Bid Series: Electronic transactions in series quoted no bid
[at a nickel (i.e., $0.05 offer)] will be nullified provided at least
one strike price below (for calls) or above (for puts) in the same
options class was quoted no bid [at a nickel] at the time of execution.
(3)-(5) No change
(b)-(e) No change
* * * * *
Rule 24.16 Nullification and Adjustment of Index Option Transactions
This Rule only governs the nullification and adjustment of
transactions involving index options and options on ETFs or HLDRs. Rule
6.25 governs the nullification and adjustment of transactions involving
equity options. Paragraphs (a)(1), (2), (6) and (7) of this Rule have
no applicability to trades executed in open outcry.
(a) Trades Subject to Review
A member or person associated with a member may have a trade
adjusted or nullified if, in addition to satisfying the procedural
requirements of paragraph (b) below, one of the following conditions is
satisfied:
(1)-(6) No change
(7) No Bid Series: Electronic transactions in series quoted no bid
[at a nickel (i.e., $0.05 offer)] will be nullified provided at least
one strike price below (for calls) or above (for puts) in the same
options class was quoted no bid [at a nickel] at the time of execution.
(b)-(e) 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 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.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, Proposed Rule Change
1. Purpose
The CBOE proposes to revise its obvious error rules with respect to
[[Page 40085]]
equities and indexes (CBOE Rules 6.25 and 24.16, respectively)
(``Obvious Error Rules'') to adjust the terms that relate to the
nullification of no bid series as set forth in CBOE Rules 6.25(a)(2)
and 24.16(a)(7) (together ``No Bid Provisions'').
Under the current No Bid Provisions, electronic transactions in
option series quoted no bid at a nickel (i.e., $0.05 offer) are
nullified provided at least one strike price below (for calls) or above
(for puts) in the same options class is quoted no bid at a nickel at
the time of execution. A ``no bid'' option refers to an option where
the bid price is $0.00.\4\ Series of options quoted no bid are usually
deep out-of-the-money series that are perceived as having little if any
chance of expiring in-the-money.\5\ For this reason, relatively few
transactions occur in these series, and those that do are usually the
result of a momentary pricing error. In some cases, the pricing error
is substantial enough such that other provisions in the Obvious Error
Rules become applicable. The Exchange asserts that in many cases
though, the No Bid Provisions are the only provisions that would apply
to the pricing error.
---------------------------------------------------------------------------
\4\ When the bid price is $0.00, the offer price is typically
$0.05. In this instance, the option typically is referred to as ``no
bid at a nickel.''
\5\ For example, on July 11th with the underlying stock trading
at $21, the JULY 40 calls likely will be quoted no-bid at a nickel.
---------------------------------------------------------------------------
The proposed rule change would remove the condition set forth in
the No Bid Provisions that provides that the option series must be
offered at a nickel and instead only require that the option series be
quoted no bid. The Exchange states that the reason for this change is
that options that are priced at no bid, regardless of the offer, are
usually deep out-of-the-money series that are perceived as having
little if any chance of expiring in-the-money. This is especially the
case when the series below (for calls) or above (for puts) in the same
option class similarly is quoted no bid. In this regard, the offer
price is irrelevant. Therefore, transactions that are no bid at a dime,
for example, are just as likely to be the result of an obvious error as
are transactions that are no bid at a nickel when the series below (for
calls) or above (for puts) in the same option class similarly is quoted
no bid. The Exchange also notes that the text of the No Bid Provisions,
as proposed, is substantively identical to Rule 1092(c)(ii)(E) of the
Philadelphia Stock Exchange (``Phlx'') Rulebook, which applies to
options on stocks, exchange-traded fund shares, and foreign currencies.
2. Statutory Basis
The CBOE believes that the filing provides for the nullification of
certain trades that result from an inaccurate pricing anomaly. For this
reason, and because the same provision has already been approved for
the Phlx,\6\ the Exchange believes that its proposal is consistent with
Section 6(b) of the Act \7\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \8\ in particular, in that it is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and national market
system and, in general, to protect investors and the public interest.
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\6\ See Securities Exchange Act Release No. 49785 (May 28,
2004), 69 FR 32090 (June 8, 2004) (Order approving adoption of Phlx
Rule 1092(c)(ii)(E)).
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The CBOE does not believe that the proposed rule change will impose
any inappropriate 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 CBOE neither solicited nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing (or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest), the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\9\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ As required
under Rule 19b-4(f)(6)(iii),\11\ the Exchange provided the Commission
with 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 the filing of the
proposed rule change.
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
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A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. In addition, the Exchange has
requested that the Commission waive the 30-day operative delay and
render the proposed rule change to become operative immediately. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Waiver of the 30-day operative delay would enable the Exchange to
implement the proposal as quickly as possible. In addition, the
Commission notes that the proposed No Bid Provisions are substantially
identical to Phlx Rule 1092(c)(ii)(E). The Commission does not believe
that the proposed rule change raises new regulatory issues. For the
reasons stated above, the Commission designates the proposal to become
operative immediately.\14\
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\12\ Id.
\13\ Id.
\14\ For purposes of waiving the operative date of this proposal
only, the Commission has considered the impact of the proposed rule
on efficiency, competition, and capital formation. 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 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 the furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2005-44 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9309.
[[Page 40086]]
All submissions should refer to File Number SR-CBOE-2005-44. 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 Section. 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-2005-44 and should be submitted on or before August
2, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-3666 Filed 7-11-05; 8:45 am]
BILLING CODE 8010-01-P
