Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Short Term Option Series Pilot Program, 39472-39474 [E7-13874]
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39472
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) of the Act,5 in general, and
furthers the objectives of section 6(b)(5)
of the Act,6 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, and to protect investors and the
public interest in that it is designed to
foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism for a free and open market
and a national market system, and, in
general, to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has 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
pwalker on PROD1PC71 with NOTICES
Because the proposed rule change
does not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days 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 7 and Rule
19b–4(f)(6) thereunder.8 As required
under Rule 19b–4(f)(6)(iii),9 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.
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
6 15
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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: rulecomments@sec.gov. Please include File
Number SR–BSE–2007–19 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–BSE–2007–19. 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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
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
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submissions should refer to File
Number SR–BSE–2007–19 and should
be submitted on or before August 8,
2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.10
Nancy M. Morris,
Secretary.
[FR Doc. E7–13881 Filed 7–17–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56050; File No. SR–CBOE–
2007–76]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Short Term
Option Series Pilot Program
July 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 July 2,
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. The Exchange has designated
this proposal as non-controversial under
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder,4 which
renders the proposed rule change
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 Exchange proposes to extend the
period for its Short Term Options Series
pilot program (‘‘Pilot Program’’) through
July 12, 2008, and to amend the Pilot
Program related to a restriction on
overlapping expirations of Short Term
Option Series with Quarterly Options
Series and Quarterly Index Options
(‘‘QIX’’). The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.org/Legal), at
the Exchange’s principal office, and at
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
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Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices
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. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
pwalker on PROD1PC71 with NOTICES
1. Purpose
On July 12, 2005, the Commission
approved the Pilot Program.5 The Pilot
Program has since been extended and is
currently scheduled to expire on July
12, 2007.6
The Exchange has selected the
following four options classes to
participant in the Pilot Program: S&P
500 Index options (SPX); S&P 100 Index
American-style options (OEX); MiniS&P 500 Index options (XSP); and S&P
100 Index European-style options
(XEO). CBOE believes the Pilot Program
has been successful and well received
by its members and the investing public.
Thus, CBOE proposes to extend the
Pilot Program through July 12, 2008.
In support of the proposed rule
change, and as required by the Pilot
Program Approval Order, the Exchange
is submitting to the Commission a Pilot
Program report (the ‘‘Report’’) detailing
the Exchange’s experience with the Pilot
Program. Specifically, the Report
contains data and written analysis
regarding the four options classes
included in the Pilot Program. The
Report is being submitted under
separate cover and seeks confidential
treatment under the Freedom of
Information Act.
5 See Securities Exchange Act Release No. 52011
(July 12, 2005), 70 FR 41451 (July 19, 2005) (File
No. SR–CBOE–2004–63) (‘‘Pilot Program Approval
Order’’).
6 See Securities Exchange Act Release No. 53984
(June 14, 2006), 71 FR 35718 (June 21, 2006) (File
No. SR–CBOE–2006–48); see also Securities
Exchange Act Release No. 54338 (August 21, 2006),
71 FR 50952 (August 28, 2006) (File No. SR–CBOE–
2006–49) (order approving a modification to the
Pilot Program that increased the number of series
that may be listed for each class selected to
participate in the Pilot Program from five series to
seven series).
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16:02 Jul 17, 2007
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The Exchange believes there is
sufficient investor interest and demand
to extend the Pilot Program another
year. The Exchange believes that the
Pilot Program has provided investors
with additional means of managing their
risk exposures and carrying out their
investment objectives. Furthermore, the
Exchange has not experienced any
capacity-related problems with respect
to Short Term Option Series. The
Exchange also represents that is has the
necessary system capacity to support
the option series listed under the Pilot
Program.
Finally, the Exchange is proposing to
amend the Pilot Program to provide that
no Short Term Option Series may have
an expiration that coincides with an
expiration of Quarterly Options Series
on the same class. Currently, the
Exchange’s rules do not have such a
restriction. The Exchange is also
proposing to amend the Pilot Program as
it pertains to index options to provide
that no Short Term Option Series may
have an expiration that coincides with
an expiration of QIX option series on
the same class. Currently, the
Exchange’s rules provide that no Short
Term Option Series may expire in the
same week during which the QIXs
expire. The Exchange believes these
changes should provide consistency in
the Exchange’s rules with those of other
exchanges sponsoring similar pilot
programs.7
39473
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange neither solicited nor
received comments on the proposal.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has designated the
proposed rule change as one that: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) does not become operative for 30
days from the date of filing, or such
shorter time as the Commission may
designate if consistent with the
protection of investors and the public
interest. Therefore, the foregoing rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 10 and
subparagraph (f)(6) of Rule 19b–4
thereunder.11 The Exchange has asked
the Commission to waive the operative
delay to permit the Pilot Program
extension to become operative prior to
the 30th day after filing.12
The Commission believes that
2. Statutory Basis
waiving the 30-day operative delay is
consistent with the protection of
The Exchange believes the proposed
investors and the public interest
rule change is consistent with Section
because it will allow the benefits of the
6(b) of the Act.8 Specifically, the
Pilot Program to continue without
Exchange believes the proposed rule
change is consistent with Section 6(b)(5) interruption.13 Therefore, the
of the Act,9 which requires that the rules Commission designates the proposal
operative upon filing.14
of an exchange be designed to promote
just and equitable principles of trade, to
10 15 U.S.C. 78s(b)(3)(A).
prevent fraudulent and manipulative
11 17 CFR 240.19b–4(f)(6).
acts, to remove impediments to and to
12 As required under Rule 19b–4(f)(6)(iii), the
perfect the mechanism for a free and
Exchange provided the Commission with written
open market and a national market
notice of its intent to file the proposed rule change
at least five business before doing so.
system, and, in general, to protect
13 For purposes only of waiving the 30-day
investors and the public interest. The
operative delay, the Commission has considered the
Exchange believes that extension of the
proposed rule’s impact on efficiency, competition,
Pilot Program will result in a continuing and capital formation. See 15 U.S.C. 78c(f).
14 As set forth in the Commission’s original
benefit to investors by allowing them
release providing notice filing of CBOE’s proposal
additional means to manage their risk
to adopt the Pilot Program, if the Exchange were to
exposures and carry out their
propose an extension, an expansion, or permanent
investment objectives, and will allow
approval of the Pilot Program, the Exchange would
the Exchange to further study investor
submit, along with any filing proposing such
amendments to the program, a report that would
interest in Short Term Option Series.
e.g., American Stock Exchange Rule 903,
Commentary .09(b); International Securities
Exchange Rule 504, Supplementary Material .03(b);
and NYSE Arca Rule 5.19(a)(3).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
PO 00000
7 See,
Frm 00096
Fmt 4703
Sfmt 4703
provide an analysis of the Pilot Program covering
the entire period during which the Pilot Program
was in effect. The report would include, at a
minimum: (1) Data and written analysis on the open
interest and trading volume in the classes for which
Short Term Option Series were opened; (2) an
assessment of the appropriateness of the option
E:\FR\FM\18JYN1.SGM
Continued
18JYN1
39474
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
the 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 other CBOE in 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
No. SR–CBOE–2007–76 on the subject
line.
pwalker on PROD1PC71 with NOTICES
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–2007–76. 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 Commissions
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
classes selected for the Pilot Program; (3) an
assessment of the impact of the Pilot Program on
the capacity of the Exchange, OPRA, and market
data vendors (to the extent data from market data
vendors is available); (4) any capacity problems or
other problems that arose during the operation of
the Pilot Program and how the Exchange addressed
such problems; (5) any complaints that the
Exchange received during the operation of the Pilot
Program and how the Exchange addressed them;
and (6) any additional information that would assist
in assessing the operation of the Pilot Program. The
report must be submitted to the Commission at least
sixty (60) days prior to the expiration date of the
Pilot Program. See Securities Exchange Act Release
No. 51172 (February 9, 2005), 70 FR 7979 (February
16, 2005) (File No. SR–CBOE–2004–63).
VerDate Aug<31>2005
16:02 Jul 17, 2007
Jkt 211001
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE, Washington, DC
20549, on official business days
between the hours of 10 a.m. and 3 p.m.
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–2007–76 and should
be submitted on or before August 8,
2007.15
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E7–13874 Filed 7–17–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56054; File No. SR–
NYSEArca–2007–52]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of
Proposed Rule Change as Modified by
Amendment No. 2 Thereto Relating to
Exchange Fees and Charges
July 12, 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 June 1,
2007, NYSE Arca, Inc. (‘‘NYSE Arca’’ or
‘‘Exchange’’), through its wholly owned
subsidiary NYSE Arca Equities, Inc.
(‘‘NYSE Arca Equities’’), 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.
On June 12, 2007, NYSE Arca filed
Amendment No. 1 to the proposed rule
change. On June 29, 2007, the Exchange
withdrew Amendment No. 1 and
submitted Amendment No. 2 to the
proposed rule change.3 This order
provides notice of the proposed rule
change, as modified by Amendment No.
2, and approves the proposed rule
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Amendment No. 2 replaced the original filing in
its entirety.
PO 00000
15 17
1 15
Frm 00097
Fmt 4703
Sfmt 4703
change, as amended, on an accelerated
basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Schedule of Fees and Charges for
Exchange Services (‘‘Schedule’’) by
charging Royalty Fees to all Intermarket
Options Linkage orders (‘‘Linkage
Orders’’) except Satisfaction Orders. The
text of the proposed rule change is
available on the Exchange’s Web site at
https://www.nyse.com, 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 purpose of this proposed rule
change is to allow the Exchange to
assess Royalty Fees (aka Surcharge Fees
or Licensing Fees) on Principal orders
(‘‘P Orders’’) and Principal Acting as
Agent orders (‘‘P/A Orders’’) 4 sent to
the Exchange via the Intermarket
Linkage System (‘‘Linkage’’). The
Exchange proposes to add language to
the footnote associated with Royalty
Fees and also include a reference to said
footnote, in the Linkage Fees section of
the Schedule. These changes will
explain that Royalty Fees will now be
applicable to orders executed via
Linkage, except for Satisfaction Orders.5
Certain classes of options listed on
NYSE Arca have as their underlying
security licensed products that require
the Exchange to pay a Royalty Fee to the
licensing entity for every contract traded
in that particular class of options.
4 See Section 2(16)(a) and (b) of the Plan for the
Purpose of Creating and Operating an Intermarket
Option Linkage (‘‘Linkage Plan’’) for definitions of
‘‘P Orders’’ and ‘‘P/A Orders.’’
5 See Section 2(16)(c) of the Linkage Plan for
definition of ‘‘Satisfaction Order.’’
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]]>Agencies
[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39472-39474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13874]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56050; File No. SR-CBOE-2007-76]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Extend the Short Term Option Series Pilot Program
July 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 July 2, 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. The Exchange has designated this proposal as non-
controversial under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
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\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to extend the period for its Short Term
Options Series pilot program (``Pilot Program'') through July 12, 2008,
and to amend the Pilot Program related to a restriction on overlapping
expirations of Short Term Option Series with Quarterly Options Series
and Quarterly Index Options (``QIX''). The text of the proposed rule
change is available on the Exchange's Web site (https://www.cboe.org/
Legal), at the Exchange's principal office, and at
[[Page 39473]]
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. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On July 12, 2005, the Commission approved the Pilot Program.\5\ The
Pilot Program has since been extended and is currently scheduled to
expire on July 12, 2007.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 52011 (July 12,
2005), 70 FR 41451 (July 19, 2005) (File No. SR-CBOE-2004-63)
(``Pilot Program Approval Order'').
\6\ See Securities Exchange Act Release No. 53984 (June 14,
2006), 71 FR 35718 (June 21, 2006) (File No. SR-CBOE-2006-48); see
also Securities Exchange Act Release No. 54338 (August 21, 2006), 71
FR 50952 (August 28, 2006) (File No. SR-CBOE-2006-49) (order
approving a modification to the Pilot Program that increased the
number of series that may be listed for each class selected to
participate in the Pilot Program from five series to seven series).
---------------------------------------------------------------------------
The Exchange has selected the following four options classes to
participant in the Pilot Program: S&P 500 Index options (SPX); S&P 100
Index American-style options (OEX); Mini-S&P 500 Index options (XSP);
and S&P 100 Index European-style options (XEO). CBOE believes the Pilot
Program has been successful and well received by its members and the
investing public. Thus, CBOE proposes to extend the Pilot Program
through July 12, 2008.
In support of the proposed rule change, and as required by the
Pilot Program Approval Order, the Exchange is submitting to the
Commission a Pilot Program report (the ``Report'') detailing the
Exchange's experience with the Pilot Program. Specifically, the Report
contains data and written analysis regarding the four options classes
included in the Pilot Program. The Report is being submitted under
separate cover and seeks confidential treatment under the Freedom of
Information Act.
The Exchange believes there is sufficient investor interest and
demand to extend the Pilot Program another year. The Exchange believes
that the Pilot Program has provided investors with additional means of
managing their risk exposures and carrying out their investment
objectives. Furthermore, the Exchange has not experienced any capacity-
related problems with respect to Short Term Option Series. The Exchange
also represents that is has the necessary system capacity to support
the option series listed under the Pilot Program.
Finally, the Exchange is proposing to amend the Pilot Program to
provide that no Short Term Option Series may have an expiration that
coincides with an expiration of Quarterly Options Series on the same
class. Currently, the Exchange's rules do not have such a restriction.
The Exchange is also proposing to amend the Pilot Program as it
pertains to index options to provide that no Short Term Option Series
may have an expiration that coincides with an expiration of QIX option
series on the same class. Currently, the Exchange's rules provide that
no Short Term Option Series may expire in the same week during which
the QIXs expire. The Exchange believes these changes should provide
consistency in the Exchange's rules with those of other exchanges
sponsoring similar pilot programs.\7\
---------------------------------------------------------------------------
\7\ See, e.g., American Stock Exchange Rule 903, Commentary
.09(b); International Securities Exchange Rule 504, Supplementary
Material .03(b); and NYSE Arca Rule 5.19(a)(3).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act.\8\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(5) of the Act,\9\
which requires that the rules of an exchange be designed to promote
just and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes that extension of the Pilot Program will result in a
continuing benefit to investors by allowing them additional means to
manage their risk exposures and carry out their investment objectives,
and will allow the Exchange to further study investor interest in Short
Term Option Series.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange neither solicited nor received comments on the
proposal.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \10\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\11\ The Exchange has asked the Commission to waive
the operative delay to permit the Pilot Program extension to become
operative prior to the 30th day after filing.\12\
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6).
\12\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business before doing so.
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The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the benefits of the Pilot Program to continue
without interruption.\13\ Therefore, the Commission designates the
proposal operative upon filing.\14\
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\13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
\14\ As set forth in the Commission's original release providing
notice filing of CBOE's proposal to adopt the Pilot Program, if the
Exchange were to propose an extension, an expansion, or permanent
approval of the Pilot Program, the Exchange would submit, along with
any filing proposing such amendments to the program, a report that
would provide an analysis of the Pilot Program covering the entire
period during which the Pilot Program was in effect. The report
would include, at a minimum: (1) Data and written analysis on the
open interest and trading volume in the classes for which Short Term
Option Series were opened; (2) an assessment of the appropriateness
of the option classes selected for the Pilot Program; (3) an
assessment of the impact of the Pilot Program on the capacity of the
Exchange, OPRA, and market data vendors (to the extent data from
market data vendors is available); (4) any capacity problems or
other problems that arose during the operation of the Pilot Program
and how the Exchange addressed such problems; (5) any complaints
that the Exchange received during the operation of the Pilot Program
and how the Exchange addressed them; and (6) any additional
information that would assist in assessing the operation of the
Pilot Program. The report must be submitted to the Commission at
least sixty (60) days prior to the expiration date of the Pilot
Program. See Securities Exchange Act Release No. 51172 (February 9,
2005), 70 FR 7979 (February 16, 2005) (File No. SR-CBOE-2004-63).
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[[Page 39474]]
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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 other CBOE
in 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 No. SR-CBOE-2007-76 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-2007-76. 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 Commissions 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, 100 F Street, NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. 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-2007-76 and should be submitted on
or before August 8, 2007.\15\
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\15\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary. 7
[FR Doc. E7-13874 Filed 7-17-07; 8:45 am]
BILLING CODE 8010-01-P
