Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Order Granting Accelerated Approval to a Proposed Rule Change Regarding Quarterly Options Series, 67663-67665 [E6-19725]
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
1. Because the Trusts do not limit their
investments to ‘‘eligible trust
securities,’’ the Trusts do not qualify for
the exemption in paragraph (c) of rule
19b–1. Therefore, applicants request an
exemption under section 6(c) from
section 19(b) and rule 19b–1 to the
extent necessary to permit capital gains
earned in connection with the sale of
portfolio securities to be distributed to
Unitholders along with the Series’
regular distributions. In all other
respects, applicants will comply with
section 19(b) and rule 19b–1.
2. Applicants state that their proposal
meets the standards of section 6(c).
Applicants assert that any sale of
portfolio securities would be triggered
by the need to meet Series’ expenses,
Installment Payments or by requests to
redeem Units, events over which the
Sponsor and the Series have no control.
Applicants further state that, because
principal distributions must be clearly
indicated in accompanying reports to
Unitholders as a return of principal and
will be relatively small in comparison to
normal dividend distributions, there is
little danger of confusion from failure to
differentiate among distributions.
given prominent notice of the
impending termination or amendment
at least 60 days prior to the date of
termination or the effective date of the
amendment, provided that: (a) No such
notice need be given if the only material
effect of an amendment is to reduce or
eliminate the sales charge payable at the
time of an exchange, to make one or
more New Series eligible for the
Exchange Privilege, Conversion Offer or
Rollover Privilege, or to delete a Series
which has terminated; and (b) no notice
need be given if, under extraordinary
circumstances, either (i) there is a
suspension of the redemption of Units
of the Series under section 22(e) of the
Act and the rules and regulations
promulgated under that section, or (ii) a
Series temporarily delays or ceases the
sale of its Units because it is unable to
invest amounts effectively in
accordance with applicable investment
objectives, policies, and restrictions.
3. An investor who purchases Units
under the Exchange Privilege,
Conversion Offer or Rollover Privilege
will pay a lower sales charge than that
which would be paid for the Units by
a new investor.
Applicants’ Conditions
Applicants agree that any order
granting the requested relief will be
subject to the following conditions:
C. Net Worth Requirement
pwalker on PROD1PC61 with NOTICES
A. DSC and Waiver of DSC Under
Certain Circumstances
1. Each Series offering Units subject to
a DSC will include in its prospectus the
disclosure required in Form N–1A
relating to deferred sales charges,
modified as appropriate to reflect the
differences between UITs and open-end
management investment companies,
and a schedule setting forth the number
and date of each installment payment.
2. Any DSC imposed on Units issued
by a Series will comply with the
requirements of subparagraphs (1), (2)
and (3) of rule 6c–10(a) under the Act.
B. Exchange Privilege, Conversion Offer
and Rollover Privilege
1. The prospectus of each Series
offering exchanges, rollovers, or
conversions and any sales literature or
advertising that mentions the existence
of the Exchange Privilege, Conversion
Offer or Rollover Privilege will disclose
that the Exchange Privilege, Conversion
Offer or Rollover Privilege is subject to
modification, termination or suspension
without notice, except in limited cases.
2. Whenever the Exchange Privilege,
Conversion Offer or Rollover Privilege is
to be terminated or its terms are to be
amended materially, any holder of a
security subject to that privilege will be
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22:25 Nov 21, 2006
Jkt 211001
Applicants will comply in all respects
with the requirements of rule 14a–3,
except that the Series will not restrict
their portfolio investments to ‘‘eligible
trust securities.’’
D. Purchase and Sale Transactions
Between a Terminating Series and a
New Series
1. Each sale of Qualified Securities by
a Terminating Series to a New Series
will be effected at the closing price of
the securities sold on a Qualified
Exchange on the sale date, without any
brokerage charges or other remuneration
except customary transfer fees, if any.
2. The nature and conditions of such
transactions will be fully disclosed to
investors in the appropriate prospectus
of each Terminating Series and New
Series.
3. The Trustee of each Terminating
Series and New Series will review the
procedures discussed in the application
relating to the sale of securities from a
Terminating Series and the purchase of
those securities for deposit in a New
Series, and make such changes to the
procedures as the Trustee deems
necessary to ensure compliance with
paragraphs (a) through (d) of rule 17a–
7.
4. A written copy of these procedures
and a written record of each transaction
pursuant to this order will be
maintained as provided in rule 17a–7(g).
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67663
For the Commission, by the Division of
Investment Management, under delegated
authority.
Nancy M. Morris,
Secretary.
[FR Doc. E6–19739 Filed 11–21–06; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of Digital Gas, Inc.; Order
of Suspension of Trading
November 17, 2006.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Digital Gas,
Inc. (‘‘Digital’’), because of questions
raised regarding the accuracy and
adequacy of publicly disseminated
information concerning, among other
things, Digital’s announced agreement
with Techno Rubber, Inc. and Digital’s
assets.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the abovelisted company is suspended for the
period from 9:30 a.m. EST, November
17, 2006, through 11:59 p.m. EST, on
December 4, 2006.
By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 06–9332 Filed 11–17–06; 11:31 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54762; File No. SR–CBOE–
2006–93]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Order Granting Accelerated Approval
to a Proposed Rule Change Regarding
Quarterly Options Series
November 16, 2006.
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 November
8, 2006, the Chicago Board Options
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\22NON1.SGM
22NON1
67664
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
Exchange, Incorporated (‘‘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 Exchange. The Commission is
publishing this notice and order to
solicit comments on the proposed rule
change from interested persons and to
grant accelerated approval to the
proposed rule change.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE proposes to amend its rules
regarding the opening of Quarterly
Options Series to limit the number of
strike prices that the Exchange may
open for Quarterly Options Series and
make minor clarifications. The text of
the proposed rule change is available on
the Exchange’s Web site (https://
www.cboe.com), at the Exchange’s
Office of the Secretary, 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
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.
pwalker on PROD1PC61 with NOTICES
A. Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On July 11, 2006, the SEC approved
CBOE’s proposal to add language to
CBOE Rule 24.9 that would permit the
listing and trading of Quarterly Options
Series based on an underlying index.3
That language did not include a limit on
the number of strike prices that may be
opened for a Quarterly Options Series.
In the instant filing, Exchange proposes
to add such a limit.
The purpose of the proposed rule
change is to amend CBOE Rule 24.9
(‘‘Terms of Index Option Contracts’’) to
(1) Limit the number of strike prices that
the Exchange may open for Quarterly
3 See Securities Exchange Act Release No. 54123
(July 11, 2006), 71 FR 40558 (July 17, 2006)
(approving SR–CBOE–2006–65) (‘‘Pilot Program
Approval Order’’).
VerDate Aug<31>2005
22:25 Nov 21, 2006
Jkt 211001
Options Series to five strike prices
above or below the value of the
underlying index, (2) clarify that the
Exchange may open for trading
additional Quarterly Options Series of
the same class when the Exchange
deems such action necessary to
maintain an orderly market or meet
customer demand, and (3) clarify that
the opening of any new Quarterly
Options Series will not affect the
previously opened series of options of
the same class.
1. Statutory Basis
CBOE believes the proposed rule
change is consistent with the Act and
the rules and regulations under the Act
applicable to a national securities
exchange and, in particular, the
requirements of Section 6(b) of the Act.4
Specifically, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 5 requirements that
the rules of an exchange be designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and to protect investors and the
public interest.
B. Statement of Burden on Competition
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. Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
The Exchange neither solicited nor
received comments on the proposal.
III. Commission Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
The Commission finds that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange.6 In particular, the
Commission believes that the proposed
rule change is consistent with the
requirements of Section 6(b)(5) of the
Act,7 which requires, among other
things, that the rules of the Exchange be
designed to promote just and equitable
principles of trade, to remove
impediments to and perfect the
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
6 In approving the proposed rule, the Commission
has considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
7 15 U.S.C. 78f(b)(5).
5 15
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest.
Currently, under CBOE Rule 24.9, at
the time the Exchange initially lists
strike prices for a QOS, the Exchange
may list strike prices that are within $5
from the closing price of the underlying
index on the preceding trading day. The
Exchange may open for trading
additional strike prices if the current
market price of the underlying index
moves substantially from the exercise
prices of those QOS that already have
been opened for trading on the
Exchange. The exercise price of each
such additional QOS is required to be
reasonably related to the current index
value of the underlying index at or
about the time such additional series is
opened for trading on the Exchange. The
CBOE rules define the term ‘‘reasonably
related to the current index value of the
underlying index’’ to mean that the
exercise price is within thirty percent of
the current index value.
However, despite this ‘‘reasonably
related’’ requirement, the current
language of CBOE Rule 24.9 also
permits the Exchange to open for
trading additional strike prices that are
more than thirty percent away from the
current index value, ‘‘provided that
demonstrated customer interest exists
for such series, as expressed by
institutional, corporate, or individual
customers or their brokers.’’ 8 Thus, as
currently in effect, CBOE Rule 24.9
effectively does not limit the number of
additional strike prices that may be
opened for a QOS based on an
underlying index.
In this filing, the Exchange proposes
to eliminate the requirement that strike
prices at the time of initial listing must
be within $5 from the closing price of
the underlying security on the
preceding trading day. Instead, the
proposal would limit the Exchange to
listing no more than five strike prices
above and five strike prices below the
value of the underlying index at about
the time the QOS is opened for trading
on the Exchange.
In addition, the proposal would
restrict the additional strike prices that
may be opened on a QOS. The proposal
would permit the Exchange to open
additional strike prices that are above
(or below) the value of the underlying
index, provided that the total number of
strike prices above (or below) the value
of the underlying index is no greater
than five. For example, assume that
when a particular QOS was initially
listed, the Exchange opened the
8 CBOE
E:\FR\FM\22NON1.SGM
Rule 24.9(a)(2).
22NON1
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
pwalker on PROD1PC61 with NOTICES
maximum number of strike prices
permitted by the rule: five above and
five below the value of the underlying
index at that time. If the index value
subsequently increased such that only
two strike prices were above the value
of the underlying index, the Exchange
would be permitted to open up to three
additional strike prices above the value
of the index. (In this example, the
Exchange would not be permitted to
open any additional strike prices below
the value of the underlying index
because it may only add strike prices
provided that the total number of open
strike prices on that side of the
underlying index value remains five or
fewer.) The provisions of CBOE Rule
24.9 requiring that the exercise price of
additional series must be ‘‘reasonably
related’’ to the value of the underlying
index, unless ‘‘demonstrated customer
interest’’ exists for a series with an
exercise price more than 30% away
from the current index value, would
remain in place, but would be limited
by the five above/five below restriction.
Although the proposal is more
permissive in the range of strike prices
that may be opened at the time of initial
listing, the proposal to limit additional
strike prices renders CBOE Rule
24.9(a)(2) more restrictive overall in the
number of strike prices that may be
opened on the Exchange. Therefore, the
Commission believes the proposal
should not raise any capacity or
regulatory concerns not already
discussed in the order approving the
QOS pilot program.9 For these reasons,
the Commission believes that the
proposed rule change is consistent with
the Act.
The Exchange has requested that the
Commission approve the proposed rule
change prior to the thirtieth day after
publication of notice of the filing in the
Federal Register. The Commission
believes that accelerated approval is
appropriate because the proposal adds a
restriction on the number of strike
prices that may be opened on the
Exchange, thus lessening the impact of
the QOS on the limited quote traffic
capacity of the Exchange and the
Options Price Reporting Authority,
while still permitting the Exchange to
list an appropriate range of strike prices
in order to respond to market conditions
and customer demand. Accordingly, the
Commission finds good cause,
consistent with Section 19(b)(2) of the
9 For the same reason, the Commission does not
view the proposed rule change as an expansion of
the pilot program, and therefore the proposal does
not trigger the requirement under the terms of the
Pilot Program Approval Order that the Exchange
submit a pilot program report. See Pilot Program
Approval Order, 71 FR at 40561.
VerDate Aug<31>2005
22:25 Nov 21, 2006
Jkt 211001
Act,10 to approve the proposed rule
change prior to the thirtieth day after
publication of the notice of filing thereof
in the Federal Register.
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:
67665
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,11 that the
proposed rule change (SR–CBOE–2006–
93) is hereby approved on an
accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–19725 Filed 11–21–06; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml);
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2006–93 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC.
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54761; File No. SR–CBOE–
2006–85]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to the Definition
of Quarterly Index Expiration or QIX
November 16, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
All submissions should refer to File
notice is hereby given that on October
Number SR–CBOE–2006–93. This file
20, 2006, the Chicago Board Options
number should be included on the
subject line if e-mail is used. To help the Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Commission process and review your
Exchange Commission (‘‘Commission’’)
comments more efficiently, please use
only one method. The Commission will the proposed rule change as described
post all comments on the Commission’s in Items I and II below, which Items
have been prepared by the Exchange.
Internet Web site (https://www.sec.gov/
The Exchange has designated this
rules/sro.shtml). Copies of the
proposal as non-controversial under
submission, all subsequent
Section 19(b)(3)(A)(iii) of the Act 3 and
amendments, all written statements
Rule 19b–4(f)(6) thereunder,4 which
with respect to the proposed rule
renders the proposed rule change
change that are filed with the
effective upon filing with the
Commission, and all written
Commission. The Commission is
communications relating to the
publishing this notice to solicit
proposed rule change between the
Commission and any person, other than comments on the proposed rule change
from interested persons.
those that may be withheld from the
public in accordance with the
I. Self-Regulatory Organization’s
provisions of 5 U.S.C. 552, will be
Statement of the Terms of Substance of
available for inspection and copying in
the Proposed Rule Change
the Commission’s Public Reference
CBOE proposes to amend the
Room. Copies of such filing also will be
definition of ‘‘Quarterly Index
available for inspection and copying at
the principal office of the Exchange. All Expiration or QIX’’ in CBOE Rule
24.1(s). The text of the proposed rule
comments received will be posted
change is available on the Exchange’s
without change; the Commission does
Web site (https://www.cboe.com), at the
not edit identifying personal
Exchange’s Office of the Secretary, and
information from submissions. You
at the Commission’s Public Reference
should submit only information that
you wish to make available publicly. All Room.
submissions should refer to File No.
11 Id.
SR–CBOE–2006–93 and should be
12 17 CFR 200.30–3(a)(12).
submitted on or before December 13,
1 15 U.S.C. 78s(b)(1).
2006.
2 17 CFR 240.19b–4.
3 15
10 15
PO 00000
U.S.C. 78s(b)(2).
Frm 00125
Fmt 4703
4 17
Sfmt 4703
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
E:\FR\FM\22NON1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67663-67665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19725]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54762; File No. SR-CBOE-2006-93]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
to a Proposed Rule Change Regarding Quarterly Options Series
November 16, 2006.
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 November 8, 2006, the Chicago Board Options
[[Page 67664]]
Exchange, Incorporated (``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 Exchange. The Commission is publishing this notice and
order to solicit comments on the proposed rule change from interested
persons and to grant accelerated approval to the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CBOE proposes to amend its rules regarding the opening of Quarterly
Options Series to limit the number of strike prices that the Exchange
may open for Quarterly Options Series and make minor clarifications.
The text of the proposed rule change is available on the Exchange's Web
site (https://www.cboe.com), at the Exchange's Office of the Secretary,
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 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. Statement of the Purpose of, and Statutory Basis for, the Proposed
Rule Change
1. Purpose
On July 11, 2006, the SEC approved CBOE's proposal to add language
to CBOE Rule 24.9 that would permit the listing and trading of
Quarterly Options Series based on an underlying index.\3\ That language
did not include a limit on the number of strike prices that may be
opened for a Quarterly Options Series. In the instant filing, Exchange
proposes to add such a limit.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 54123 (July 11,
2006), 71 FR 40558 (July 17, 2006) (approving SR-CBOE-2006-65)
(``Pilot Program Approval Order'').
---------------------------------------------------------------------------
The purpose of the proposed rule change is to amend CBOE Rule 24.9
(``Terms of Index Option Contracts'') to (1) Limit the number of strike
prices that the Exchange may open for Quarterly Options Series to five
strike prices above or below the value of the underlying index, (2)
clarify that the Exchange may open for trading additional Quarterly
Options Series of the same class when the Exchange deems such action
necessary to maintain an orderly market or meet customer demand, and
(3) clarify that the opening of any new Quarterly Options Series will
not affect the previously opened series of options of the same class.
1. Statutory Basis
CBOE believes the proposed rule change is consistent with the Act
and the rules and regulations under the Act applicable to a national
securities exchange and, in particular, the requirements of Section
6(b) of the Act.\4\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \5\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and to protect
investors and the public interest.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Statement of Burden on Competition
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. Comments on the Proposed Rule Change Received From Members,
Participants, or Others
The Exchange neither solicited nor received comments on the
proposal.
III. Commission Findings and Order Granting Accelerated Approval of
Proposed Rule Change
The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\6\ In
particular, the Commission believes that the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act,\7\
which requires, among other things, that the rules of the Exchange be
designed to promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------
\6\ In approving the proposed rule, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Currently, under CBOE Rule 24.9, at the time the Exchange initially
lists strike prices for a QOS, the Exchange may list strike prices that
are within $5 from the closing price of the underlying index on the
preceding trading day. The Exchange may open for trading additional
strike prices if the current market price of the underlying index moves
substantially from the exercise prices of those QOS that already have
been opened for trading on the Exchange. The exercise price of each
such additional QOS is required to be reasonably related to the current
index value of the underlying index at or about the time such
additional series is opened for trading on the Exchange. The CBOE rules
define the term ``reasonably related to the current index value of the
underlying index'' to mean that the exercise price is within thirty
percent of the current index value.
However, despite this ``reasonably related'' requirement, the
current language of CBOE Rule 24.9 also permits the Exchange to open
for trading additional strike prices that are more than thirty percent
away from the current index value, ``provided that demonstrated
customer interest exists for such series, as expressed by
institutional, corporate, or individual customers or their brokers.''
\8\ Thus, as currently in effect, CBOE Rule 24.9 effectively does not
limit the number of additional strike prices that may be opened for a
QOS based on an underlying index.
---------------------------------------------------------------------------
\8\ CBOE Rule 24.9(a)(2).
---------------------------------------------------------------------------
In this filing, the Exchange proposes to eliminate the requirement
that strike prices at the time of initial listing must be within $5
from the closing price of the underlying security on the preceding
trading day. Instead, the proposal would limit the Exchange to listing
no more than five strike prices above and five strike prices below the
value of the underlying index at about the time the QOS is opened for
trading on the Exchange.
In addition, the proposal would restrict the additional strike
prices that may be opened on a QOS. The proposal would permit the
Exchange to open additional strike prices that are above (or below) the
value of the underlying index, provided that the total number of strike
prices above (or below) the value of the underlying index is no greater
than five. For example, assume that when a particular QOS was initially
listed, the Exchange opened the
[[Page 67665]]
maximum number of strike prices permitted by the rule: five above and
five below the value of the underlying index at that time. If the index
value subsequently increased such that only two strike prices were
above the value of the underlying index, the Exchange would be
permitted to open up to three additional strike prices above the value
of the index. (In this example, the Exchange would not be permitted to
open any additional strike prices below the value of the underlying
index because it may only add strike prices provided that the total
number of open strike prices on that side of the underlying index value
remains five or fewer.) The provisions of CBOE Rule 24.9 requiring that
the exercise price of additional series must be ``reasonably related''
to the value of the underlying index, unless ``demonstrated customer
interest'' exists for a series with an exercise price more than 30%
away from the current index value, would remain in place, but would be
limited by the five above/five below restriction.
Although the proposal is more permissive in the range of strike
prices that may be opened at the time of initial listing, the proposal
to limit additional strike prices renders CBOE Rule 24.9(a)(2) more
restrictive overall in the number of strike prices that may be opened
on the Exchange. Therefore, the Commission believes the proposal should
not raise any capacity or regulatory concerns not already discussed in
the order approving the QOS pilot program.\9\ For these reasons, the
Commission believes that the proposed rule change is consistent with
the Act.
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\9\ For the same reason, the Commission does not view the
proposed rule change as an expansion of the pilot program, and
therefore the proposal does not trigger the requirement under the
terms of the Pilot Program Approval Order that the Exchange submit a
pilot program report. See Pilot Program Approval Order, 71 FR at
40561.
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The Exchange has requested that the Commission approve the proposed
rule change prior to the thirtieth day after publication of notice of
the filing in the Federal Register. The Commission believes that
accelerated approval is appropriate because the proposal adds a
restriction on the number of strike prices that may be opened on the
Exchange, thus lessening the impact of the QOS on the limited quote
traffic capacity of the Exchange and the Options Price Reporting
Authority, while still permitting the Exchange to list an appropriate
range of strike prices in order to respond to market conditions and
customer demand. Accordingly, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\10\ to approve the
proposed rule change prior to the thirtieth day after publication of
the notice of filing thereof in the Federal Register.
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\10\ 15 U.S.C. 78s(b)(2).
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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
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml);
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2006-93 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC. 20549-1090.
All submissions should refer to File Number SR-CBOE-2006-93. 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 Exchange. All comments received will be posted
without change; the Commission does not edit identifying personal
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-CBOE-2006-93 and should be submitted on or before December
13, 2006.
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-CBOE-2006-93) is hereby
approved on an accelerated basis.
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\11\ Id.
\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
[FR Doc. E6-19725 Filed 11-21-06; 8:45 am]
BILLING CODE 8011-01-P
