Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Trade the SPDR DJ Global Titans ETF Pursuant to UTP, 27876-27878 [E7-9469]
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27876
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
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securities exchange.8 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,9 which requires that
an exchange have rules designed, among
other things, 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. The Commission
believes that this proposal should
benefit investors by increasing
competition among markets that trade
the Shares.
In addition, the Commission finds
that the proposal is consistent with
Section 12(f) of the Act,10 which permits
an exchange to trade, pursuant to UTP,
a security that is listed and registered on
another exchange.11 The Commission
notes that it previously approved the
listing and trading of the Shares on
Amex and NYSE Arca.12 The
Commission also finds that the proposal
is consistent with Rule 12f–5 under the
Act,13 which provides that an exchange
shall not extend UTP to a security
unless the exchange has in effect a rule
or rules providing for transactions in the
class or type of security to which the
exchange extends UTP. The Exchange
has represented that it meets this
requirement because it deems the
Shares to be equity securities, thus
rendering trading in the Shares subject
to the Exchange’s existing rules
governing the trading of equity
securities.
The Commission further believes that
the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act,14 which sets
forth Congress’ finding that it is in the
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers, and investors of information
with respect to quotations for and
transactions in securities. Quotations for
8 In approving this rule change, the Commission
notes that it has considered the proposal’s impact
on efficiency, competition, and capital formation.
See 15 U.S.C. 78c(f).
9 15 U.S.C. 78f(b)(5).
10 15 U.S.C. 78l(f).
11 Section 12(a) of the Act, 15 U.S.C. 78l(a),
generally prohibits a broker-dealer from trading a
security on a national securities exchange unless
the security is registered on that exchange pursuant
to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any
security to which an exchange ‘‘extends UTP.’’
When an exchange extends UTP to a security, it
allows its members to trade the security as if it were
listed and registered on the exchange even though
it is not so listed and registered.
12 See supra notes 3 and 4.
13 17 CFR 240.12f–5.
14 15 U.S.C. 78k–1(a)(1)(C)(iii).
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17:15 May 16, 2007
Jkt 211001
and last-sale information regarding the
Shares are disseminated through the
facilities of the CTA and the
Consolidated Quotation System. In
addition, the IIV of the Fund is
disseminated every 15 seconds
throughout the trading day by the
national securities exchange on which
the Fund is listed or by other
information providers or market data
vendors.
Furthermore, the Commission
believes that the proposal is reasonably
designed to preclude trading of the
Shares when transparency is impaired.
CBOE Rule 52.3 sets forth trading halt
procedures when CBOE trades the
Shares pursuant to UTP. Under this
rule, if the listing market halts trading
when the IIV is not being calculated or
widely disseminated, CBOE also would
halt trading in the Shares. This rule is
substantially similar to those recently
adopted by other exchanges and found
by the Commission to be consistent with
the Act.15
The Commission notes that, if the
Shares should be delisted by the listing
market, the Exchange would no longer
have authority to trade the Shares
pursuant to this order.
In support of this proposal, the
Exchange has made the following
representations:
1. The Exchange’s surveillance
procedures are adequate to properly
monitor Exchange trading of the Shares
and to deter and detect violations of
Exchange rules.
2. Prior to the commencement of
trading, the Exchange would inform its
members and member organizations in
an Information Circular of the special
characteristics and risks associated with
trading the Shares.
3. The Information Circular would
include the requirement that members
and member firms deliver a prospectus
to investors purchasing newly issued
Shares prior to or concurrently with the
confirmation of a transaction.
This approval order is conditioned on
the Exchange’s adherence to these
representations.
The Commission finds good cause for
approving this proposal before the
thirtieth day after the publication of
notice thereof in the Federal Register.
As noted previously, the Commission
previously found the listing and trading
of the Shares on Amex and NYSE Arca
to be consistent with the Act. The
Commission presently is not aware of
any regulatory issue that should cause it
15 See, e.g., NYSE Arca Equities Rule 7.34;
Securities Exchange Act Release No. 54997
(December 21, 2006), 71 FR 78501 (December 29,
2006).
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
to revisit that finding or would preclude
the trading of the Shares on the
Exchange pursuant to UTP. Therefore,
accelerating approval of this proposal
should benefit investors by creating,
without undue delay, additional
competition in the market for the
Shares.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,16 that the
proposed rule change (SR–CBOE–2007–
48) be and it hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7–9468 Filed 5–16–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55750; File No. SR–CBOE–
2007–46]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Order Granting Accelerated Approval
of Proposed Rule Change To Trade the
SPDR DJ Global Titans ETF Pursuant
to UTP
May 11, 2007.
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 May 9,
2007, the Chicago Board Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’), filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
have been substantially prepared by the
Exchange. This notice and order
provides notice of the proposed rule
change and approves the proposal on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Chicago Board Options Exchange,
Incorporated (‘‘Exchange’’ or ‘‘CBOE’’)
proposes to trade shares (‘‘Shares’’) of
the SPDR DJ Global Titans ETF
(‘‘Fund’’) pursuant to unlisted trading
privileges (‘‘UTP’’). The text of the
proposed rule change is available on the
16 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.
17 17
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
Exchange’s Web site (https://
www.cboe.org/Legal), at the Exchange’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
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 III 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 PROD1PC71 with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to trade
Shares of the Fund pursuant to UTP.
The Fund’s investment objective is to
replicate as closely as possible, before
expenses, the performance of the Dow
Jones Global Titans Index (‘‘Index’’),
using an indexing investment approach.
The Commission previously approved
the original listing and trading of the
Shares on the American Stock Exchange
(‘‘Amex’’).3 The Exchange deems the
Shares to be equity securities, thus
rendering trading in the Shares subject
to the Exchange’s existing rules
governing the trading of equity
securities. The trading hours for the
Shares on CBSX will be 8:15 a.m. until
3:15 p.m. Central Time, unless the
intraday indicative value (‘‘IIV’’) of the
Fund is not being calculated and widely
disseminated before 8:30 a.m., in which
case trading will begin at 8:30 a.m.; and
unless the Amex closes trading at 3
p.m., in which case trading will end at
3 p.m.
Quotations for and last sale
information regarding the Shares are
disseminated through the Consolidated
Quotation System. The value of the
Index is updated intra-day on a realtime basis as individual component
securities of the Index change in price.
The intraday value of the Index is
disseminated every 15 seconds
throughout the trading day. In addition,
a value for the Index is disseminated
once each trading day, based on closing
prices in the relevant exchange markets.
3 See Securities Exchange Act Release No. 43338
(September 25, 2000), 65 FR 59235 (October 4,
2000) (SR–Amex–00–53).
VerDate Aug<31>2005
17:15 May 16, 2007
Jkt 211001
To provide updated information
relating to the Shares for use by
investors, professionals, and persons
wishing to create or redeem them, Amex
disseminates through the facilities of the
Consolidated Tape Association the IIV
for the Fund as calculated by a
securities information provider. The IIV
is disseminated on a per-share basis
every 15 seconds during regular trading
hours. CBOE Rule 52.3 provides that, if
the IIV ceases to be widely available,
CBSX would cease trading the Shares.
In connection with the trading of the
Shares, the Exchange would inform
members and member organizations in
an Information Circular of the special
characteristics and risks associated with
trading the Shares, including how they
are created and redeemed, the
prospectus or product description
delivery requirements applicable to the
Shares, applicable Exchange rules, how
information about the value of the
underlying Index is disseminated, and
trading information. In addition, before
a member recommends a transaction in
the Shares, the member must determine
that the Shares are suitable for the
customer as required by CBOE Rule
53.6.
With respect to trading halts, the
Exchange may consider all relevant
factors in exercising its discretion to
halt or suspend trading in the Shares.
Trading may be halted because of
market conditions or for reasons that, in
the view of the Exchange, make trading
in the Fund inadvisable. These may
include: (1) The extent to which trading
is not occurring in the securities
comprising the underlying index and/or
financial instrument of the Fund, or (2)
whether other unusual conditions or
circumstances detrimental to the
maintenance of a fair and orderly
market are present. In addition, trading
in the Shares would be subject to
trading halts caused by extraordinary
market volatility pursuant to the
Exchange’s ‘‘circuit breaker’’ rule.4
Moreover, the Exchange represents
that it would cease trading the Shares if
the listing market stops trading the
Shares because of a regulatory halt
similar to a halt based on CBOE Rule
6.3. UTP trading in the Shares is also
governed by the trading halts provisions
of CBOE Rule 52.3 relating to temporary
interruptions in the calculation or wide
dissemination of the IIV or the value of
the underlying index.
The Exchange intends to utilize its
existing surveillance procedures
applicable to equity security products to
monitor trading in the Shares. The
Exchange represents that these
procedures are adequate to monitor
Exchange trading of the Shares.
2. Statutory Basis
CBOE believes that the proposed rule
change is consistent with the Act and
the rules and regulations thereunder
applicable to a national securities
exchange. Specifically, the Exchange
believes the proposed rule change is
consistent with the Section 6(b)(5) 5
requirements that an exchange have
rules that are 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.
In addition, CBOE believes that the
proposal is consistent with Rule 12f–5
under the Act 6 because it deems each
Share to be an equity security, thus
rendering trading in each Fund subject
to the Exchange’s existing rules
governing the trading of equity
securities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange neither solicited nor
received comments on the proposal.
III. 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–2007–46 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.
5 15
4 CBOE
PO 00000
Rule 6.3B.
Frm 00078
Fmt 4703
6 17
Sfmt 4703
27877
U.S.C. 78(f)(b)(5).
CFR 240.12f–5.
E:\FR\FM\17MYN1.SGM
17MYN1
27878
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
All submissions should refer to File
Number SR–CBOE–2007–46. 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 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–2007–46 and should
be submitted on or before June 7, 2007.
pwalker on PROD1PC71 with NOTICES
IV. Commission’s Findings and Order
Granting Accelerated Approval of the
Proposed Rule Change
After careful review, 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.7 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,8 which requires that
an exchange have rules designed, among
other things, 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. The Commission
believes that this proposal should
benefit investors by increasing
competition among markets that trade
the Shares.
In addition, the Commission finds
that the proposal is consistent with
Section 12(f) of the Act,9 which permits
7 In approving this rule change, the Commission
notes that it has considered the proposal’s impact
on efficiency, competition, and capital formation.
See 15 U.S.C. 78c(f).
8 15 U.S.C. 78f(b)(5).
9 15 U.S.C. 78l(f).
VerDate Aug<31>2005
17:15 May 16, 2007
Jkt 211001
an exchange to trade, pursuant to UTP,
a security that is listed and registered on
another exchange.10 The Commission
notes that it previously approved the
listing and trading of each of the Shares
on Amex.11 The Commission also finds
that the proposal is consistent with Rule
12f-5 under the Act,12 which provides
that an exchange shall not extend UTP
to a security unless the exchange has in
effect a rule or rules providing for
transactions in the class or type of
security to which the exchange extends
UTP. The Exchange has represented that
it meets this requirement because it
deems the Shares to be equity securities,
thus rendering trading in the Shares
subject to the Exchange’s existing rules
governing the trading of equity
securities.
The Commission further believes that
the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act,13 which sets
forth Congress’s finding that it is in the
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers, and investors of information
with respect to quotations for and
transactions in securities. Quotations for
and last-sale information regarding the
Shares are disseminated through the
facilities of the CTA and the
Consolidated Quotation System. In
addition, the IIV of each Fund is
disseminated every 15 seconds
throughout the trading day by the
national securities exchange on which
the Fund is listed or by other
information providers or market data
vendors.
Furthermore, the Commission
believes that the proposal is reasonably
designed to preclude trading of the
Shares when transparency is impaired.
CBOE Rule 52.3 sets forth trading halt
procedures when CBOE trades an ETF
pursuant to UTP. Under this rule, if the
listing market halts trading when the IIV
is not being calculated or disseminated,
CBOE also would halt trading in the
Shares. This rule is substantially similar
to those recently adopted by other
exchanges and found by the
10 Section 12(a) of the Act, 15 U.S.C. 78l(a),
generally prohibits a broker-dealer from trading a
security on a national securities exchange unless
the security is registered on that exchange pursuant
to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any
security to which an exchange ‘‘extends UTP.’’
When an exchange extends UTP to a security, it
allows its members to trade the security as if it were
listed and registered on the exchange even though
it is not so listed and registered.
11 See supra note 3.
12 17 CFR 240.12f–5.
13 15 U.S.C. 78k–1(a)(1)(C)(iii).
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Commission to be consistent with the
Act.14
The Commission notes that, if the
Shares should be delisted by the listing
market, the Exchange would no longer
have authority to trade the Shares
pursuant to this order.
In support of this proposal, the
Exchange has made the following
representations:
1. The Exchange’s surveillance
procedures are adequate to properly
monitor Exchange trading of the Shares
and to deter and detect violations of
Exchange rules.
2. Prior to the commencement of
trading, the Exchange would inform its
members and member organizations in
an Information Circular of the special
characteristics and risks associated with
trading the Shares.
3. The Information Circular would
include the requirement that members
and member firms deliver a prospectus
to investors purchasing newly issued
Shares prior to or concurrently with the
confirmation of a transaction.
This approval order is conditioned on
the Exchange’s adherence to these
representations.
The Commission finds good cause for
approving this proposal before the
thirtieth day after the publication of
notice thereof in the Federal Register.
As noted previously, the Commission
previously found that the listing and
trading of the Shares on Amex is
consistent with the Act. The
Commission presently is not aware of
any regulatory issue that should cause it
to revisit that finding or would preclude
the trading of the Shares on the
Exchange pursuant to UTP. Therefore,
accelerating approval of this proposal
should benefit investors by creating,
without undue delay, additional
competition in the market for the
Shares.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,15 that the
proposed rule change (SR–CBOE–2007–
46) be and it hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7–9469 Filed 5–16–07; 8:45 am]
BILLING CODE 8010–01–P
14 See e.g., NYSE Arca Equities Rule 7.34;
Securities Exchange Act Release No. 54997
(December 21, 2006), 71 FR 78501 (December 29,
2006).
15 15 U.S.C. 78s(b)(2).
16 17 CFR 200.30–3(a)(12).
E:\FR\FM\17MYN1.SGM
17MYN1
Agencies
[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27876-27878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9469]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55750; File No. SR-CBOE-2007-46]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change To Trade the SPDR DJ Global Titans ETF Pursuant
to UTP
May 11, 2007.
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 May 9, 2007, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. This notice and order provides notice of the proposed
rule change and approves the proposal on an accelerated basis.
---------------------------------------------------------------------------
\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
The Chicago Board Options Exchange, Incorporated (``Exchange'' or
``CBOE'') proposes to trade shares (``Shares'') of the SPDR DJ Global
Titans ETF (``Fund'') pursuant to unlisted trading privileges
(``UTP''). The text of the proposed rule change is available on the
[[Page 27877]]
Exchange's Web site (https://www.cboe.org/Legal), at the Exchange'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 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 III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to trade Shares of the Fund pursuant to
UTP. The Fund's investment objective is to replicate as closely as
possible, before expenses, the performance of the Dow Jones Global
Titans Index (``Index''), using an indexing investment approach.
The Commission previously approved the original listing and trading
of the Shares on the American Stock Exchange (``Amex'').\3\ The
Exchange deems the Shares to be equity securities, thus rendering
trading in the Shares subject to the Exchange's existing rules
governing the trading of equity securities. The trading hours for the
Shares on CBSX will be 8:15 a.m. until 3:15 p.m. Central Time, unless
the intraday indicative value (``IIV'') of the Fund is not being
calculated and widely disseminated before 8:30 a.m., in which case
trading will begin at 8:30 a.m.; and unless the Amex closes trading at
3 p.m., in which case trading will end at 3 p.m.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 43338 (September 25,
2000), 65 FR 59235 (October 4, 2000) (SR-Amex-00-53).
---------------------------------------------------------------------------
Quotations for and last sale information regarding the Shares are
disseminated through the Consolidated Quotation System. The value of
the Index is updated intra-day on a real-time basis as individual
component securities of the Index change in price. The intraday value
of the Index is disseminated every 15 seconds throughout the trading
day. In addition, a value for the Index is disseminated once each
trading day, based on closing prices in the relevant exchange markets.
To provide updated information relating to the Shares for use by
investors, professionals, and persons wishing to create or redeem them,
Amex disseminates through the facilities of the Consolidated Tape
Association the IIV for the Fund as calculated by a securities
information provider. The IIV is disseminated on a per-share basis
every 15 seconds during regular trading hours. CBOE Rule 52.3 provides
that, if the IIV ceases to be widely available, CBSX would cease
trading the Shares.
In connection with the trading of the Shares, the Exchange would
inform members and member organizations in an Information Circular of
the special characteristics and risks associated with trading the
Shares, including how they are created and redeemed, the prospectus or
product description delivery requirements applicable to the Shares,
applicable Exchange rules, how information about the value of the
underlying Index is disseminated, and trading information. In addition,
before a member recommends a transaction in the Shares, the member must
determine that the Shares are suitable for the customer as required by
CBOE Rule 53.6.
With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Fund inadvisable. These may include: (1) The extent to
which trading is not occurring in the securities comprising the
underlying index and/or financial instrument of the Fund, or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in the Shares would be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\4\
---------------------------------------------------------------------------
\4\ CBOE Rule 6.3B.
---------------------------------------------------------------------------
Moreover, the Exchange represents that it would cease trading the
Shares if the listing market stops trading the Shares because of a
regulatory halt similar to a halt based on CBOE Rule 6.3. UTP trading
in the Shares is also governed by the trading halts provisions of CBOE
Rule 52.3 relating to temporary interruptions in the calculation or
wide dissemination of the IIV or the value of the underlying index.
The Exchange intends to utilize its existing surveillance
procedures applicable to equity security products to monitor trading in
the Shares. The Exchange represents that these procedures are adequate
to monitor Exchange trading of the Shares.
2. Statutory Basis
CBOE believes that the proposed rule change is consistent with the
Act and the rules and regulations thereunder applicable to a national
securities exchange. Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \5\ requirements
that an exchange have rules that are 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. In addition, CBOE
believes that the proposal is consistent with Rule 12f-5 under the Act
\6\ because it deems each Share to be an equity security, thus
rendering trading in each Fund subject to the Exchange's existing rules
governing the trading of equity securities.
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\5\ 15 U.S.C. 78(f)(b)(5).
\6\ 17 CFR 240.12f-5.
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B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange neither solicited nor received comments on the
proposal.
III. 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-2007-46 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.
[[Page 27878]]
All submissions should refer to File Number SR-CBOE-2007-46. 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 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-2007-46 and should be submitted on or before June
7, 2007.
IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change
After careful review, 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.\7\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\8\ which requires that an
exchange have rules designed, among other things, 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. The Commission
believes that this proposal should benefit investors by increasing
competition among markets that trade the Shares.
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\7\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
\8\ 15 U.S.C. 78f(b)(5).
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In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\9\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\10\ The Commission notes that it previously approved the
listing and trading of each of the Shares on Amex.\11\ The Commission
also finds that the proposal is consistent with Rule 12f-5 under the
Act,\12\ which provides that an exchange shall not extend UTP to a
security unless the exchange has in effect a rule or rules providing
for transactions in the class or type of security to which the exchange
extends UTP. The Exchange has represented that it meets this
requirement because it deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
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\9\ 15 U.S.C. 78l(f).
\10\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
\11\ See supra note 3.
\12\ 17 CFR 240.12f-5.
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The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\13\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations for and last-sale information regarding the
Shares are disseminated through the facilities of the CTA and the
Consolidated Quotation System. In addition, the IIV of each Fund is
disseminated every 15 seconds throughout the trading day by the
national securities exchange on which the Fund is listed or by other
information providers or market data vendors.
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\13\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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Furthermore, the Commission believes that the proposal is
reasonably designed to preclude trading of the Shares when transparency
is impaired. CBOE Rule 52.3 sets forth trading halt procedures when
CBOE trades an ETF pursuant to UTP. Under this rule, if the listing
market halts trading when the IIV is not being calculated or
disseminated, CBOE also would halt trading in the Shares. This rule is
substantially similar to those recently adopted by other exchanges and
found by the Commission to be consistent with the Act.\14\
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\14\ See e.g., NYSE Arca Equities Rule 7.34; Securities Exchange
Act Release No. 54997 (December 21, 2006), 71 FR 78501 (December 29,
2006).
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The Commission notes that, if the Shares should be delisted by the
listing market, the Exchange would no longer have authority to trade
the Shares pursuant to this order.
In support of this proposal, the Exchange has made the following
representations:
1. The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares and to deter and detect
violations of Exchange rules.
2. Prior to the commencement of trading, the Exchange would inform
its members and member organizations in an Information Circular of the
special characteristics and risks associated with trading the Shares.
3. The Information Circular would include the requirement that
members and member firms deliver a prospectus to investors purchasing
newly issued Shares prior to or concurrently with the confirmation of a
transaction.
This approval order is conditioned on the Exchange's adherence to
these representations.
The Commission finds good cause for approving this proposal before the
thirtieth day after the publication of notice thereof in the Federal
Register. As noted previously, the Commission previously found that the
listing and trading of the Shares on Amex is consistent with the Act.
The Commission presently is not aware of any regulatory issue that
should cause it to revisit that finding or would preclude the trading
of the Shares on the Exchange pursuant to UTP. Therefore, accelerating
approval of this proposal should benefit investors by creating, without
undue delay, additional competition in the market for the Shares.
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-CBOE-2007-46) be and it
hereby is, approved on an accelerated basis.
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\15\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7-9469 Filed 5-16-07; 8:45 am]
BILLING CODE 8010-01-P