Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, Relating to the Listing and Trading of Units of the United States 12 Month Oil Fund, LP and the United States 12 Month Natural Gas Fund, LP, 67612-67615 [E7-23169]
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67612
Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material in Building 11. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding Building 11.
No such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of Building 11 for unrestricted
use and the termination of the
Licensee’s permit is in compliance with
10 CFR part 20. Based on its review, the
staff considered the impact of the
residual radioactivity from Building 11
and concluded that the proposed action
will not have a significant effect on the
quality of the human environment.
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Environmental Impacts of the
Alternatives to the Proposed Action
Due to the largely administrative
nature of the proposed action, its
environmental impacts are small.
Therefore, the only alternative the staff
considered is the no-action alternative,
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s final
status survey data confirmed that
Building 11 meets the requirements of
10 CFR 20.1402 for unrestricted release.
Additionally, denying the amendment
request would result in no change in
current environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
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14:52 Nov 28, 2007
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Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the
Pennsylvania Bureau of Radiation
Protection for review on October 5,
2007. On October 10, 2007, the Bureau
of Radiation Protection, responded by email. The State agreed with the
conclusions of the EA, and otherwise
had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. E. Lynn McGuire, Department of
Veterans Affairs, letter to Cassandra
Frazier, U.S. Nuclear Regulatory
Commission, Region III, dated June 28,
2007 (ADAMS Accession No.
ML071860254);
2. Regulatory Guide 1.86,
‘‘Termination of Operating Licenses for
Reactors;’’
3. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
4. Title 10 Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
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5. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’
6. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance.’’
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Lisle, Illinois, this 16th day of
November 2007.
For the Nuclear Regulatory Commission.
Patrick L. Louden,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region III.
[FR Doc. E7–23161 Filed 11–28–07; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56831; File No. SR–Amex–
2007–98]
Self-Regulatory Organizations;
American Stock Exchange LLC; Order
Granting Accelerated Approval of a
Proposed Rule Change, as Modified by
Amendment Nos. 1 and 2, Relating to
the Listing and Trading of Units of the
United States 12 Month Oil Fund, LP
and the United States 12 Month Natural
Gas Fund, LP
November 21, 2007.
I. Introduction
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 2 thereunder,
notice is hereby given that on August
23, 2007, the American Stock Exchange
LLC (‘‘Amex’’ 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 substantially prepared by the
Exchange. On September 14, 2007, the
Exchange submitted Amendment No. 1
to the proposed rule change. On October
25, 2007, the Exchange submitted
Amendment No. 2 to the proposed rule
change. The proposed rule change, as
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices
amended, was published for comment
in the Federal Register on November 2,
2007 for a 15-day comment period.3
This order approves the proposed rule
change, as modified by Amendment
Nos. 1 and 2 on an accelerated basis.
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II. Description of Proposal
The Exchange proposes to list and
trade units (each a ‘‘Unit’’ and,
collectively, the ‘‘Units’’) of each of the
United States 12 Month Oil Fund, LP
(‘‘12 Month Oil Fund’’) and the United
States 12 Month Natural Gas Fund, LP
(‘‘12 Month Natural Gas Fund’’) (each a
‘‘Partnership’’ and, collectively, the
‘‘Partnerships’’) pursuant to Amex Rules
1500–AEMI and 1501 through 1505.4
The Exchange has represented that the
Units will conform to the initial and
continued listing criteria under Rule
1502,5 specialist prohibitions under
Rule 1503 and the obligations of
specialists under Rule 1504.
Ownership of a Partnership Unit
represents a fractional undivided unit of
a beneficial interest in the net assets of
that Partnership.6 Each of the net assets
of the 12 Month Oil Fund and the 12
Month Natural Gas Fund will consist
primarily of investments in futures
contracts for crude oil, heating oil,
gasoline, natural gas, and other
petroleum-based fuels that are traded on
the New York Mercantile Exchange
(‘‘NYMEX’’), Intercontinental Exchange
(‘‘ICE Futures’’) or other U.S. and
foreign exchanges (collectively,
‘‘Futures Contracts’’). In the case of the
12 Month Oil Fund, the predominant
investments are expected to be based
on, or related to, crude oil. Similarly, for
the 12 Month Natural Gas Fund, the
predominant investments are expected
to be based on, or related to, natural gas.
The 12 Month Oil Fund may also
invest in other crude oil-related
investments such as cash-settled options
on Futures Contracts, forward contracts
for crude oil, and over-the-counter
3 See Securities Exchange Act Release No. 56719
(October 29, 2007), 72 FR 62277 (‘‘Notice’’).
4 Amex Rule 1500–AEMI provides for the listing
of Partnership Units, which are defined as
securities, that are: (a) issued by a partnership that
invests in any combination of futures contracts,
options on futures contracts, forward contracts,
commodities, and/or securities; and (b) that are
issued and redeemed daily in specified aggregate
amounts at net asset value. See Exchange Act
Release No. 53582 (March 31, 2006), 71 FR 17510
(April 6, 2006) (SR–Amex–2005–127) (approving
Amex Rules 1500–AEMI and 1501 through 1505 in
conjunction with the listing and trading of Units of
the United States Oil Fund, LP).
5 The Amex stated that it will require a minimum
of 100,000 Units to be outstanding at the start of
trading and expects that the initial price of a Unit
will be $50.00.
6 Each Partnership is a commodity pool that will
issue Units that may be purchased and sold on the
Exchange.
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14:52 Nov 28, 2007
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(‘‘OTC’’) transactions based on the price
of crude oil, heating oil, gasoline,
natural gas, other petroleum-based fuels,
Futures Contracts, and indices based on
the foregoing (collectively, ‘‘Other
Crude Oil-Related Investments’’).
Futures Contracts and Other Crude OilRelated Investments collectively are
referred to as ‘‘Crude Oil Interests.’’
Similarly, the 12 Month Natural Gas
Fund may also invest in other natural
gas-related investments such as cashsettled options on Futures Contracts,
forward contracts for natural gas, and
OTC transactions based on the price of
natural gas, crude oil and other
petroleum-based fuels, Futures
Contracts and indices based on the
foregoing (collectively, ‘‘Other Natural
Gas-Related Investments’’). Futures
Contracts and Other Natural Gas-Related
Investments collectively are referred to
as ‘‘Natural Gas Interests.’’
Each of the 12 Month Oil Fund and
the 12 Month Natural Gas Fund will
invest in Crude Oil Interests and Natural
Gas Interests, respectively, to the fullest
extent possible without being leveraged
or unable to satisfy its current or
potential margin or collateral
obligations. In pursuing this objective,
the primary focus of each Partnership’s
investment manager, Victoria Bay Asset
Management, LLC (‘‘General Partner’’),
will be the investment in Futures
Contracts and the management of its
investments in short-term obligations of
the United States of two years or less
(‘‘Treasuries’’) and cash and cash
equivalents (collectively, ‘‘Cash’’) for
margining purposes and as collateral.
Each Fund seeks to track price
changes in percentage terms of an
underlying commodity as measured by
a benchmark defined to be the average
price of specified futures contracts.7 The
investment objective of the 12 Month
Oil Fund is for the changes in
percentage terms of the Units’ net asset
value (‘‘NAV’’) to reflect the changes in
percentage terms of the price of light,
sweet crude oil delivered to Cushing,
Oklahoma, as measured by the changes
in the average of the prices of twelve
crude oil futures contracts traded on
NYMEX (the ‘‘Oil Benchmark Futures
Contracts’’), less the 12 Month Oil
7 A detailed discussion of the underlying
benchmark for each Fund, dissemination of the
values thereof, investment objective of the Funds,
portfolio investment methodology, investment
techniques, availability of information and key
values, creation and redemption of Units, dividends
and distributions, Amex’s initial and continued
listing standards, Amex trading rules and trading
halts, information circular to Exchange members,
and other related information regarding the Funds
can be found in the Notice. See supra note 3.
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67613
Fund’s expenses.8 Similarly, the
investment objective of the 12 Month
Natural Gas Fund is for the changes in
percentage terms of the Units’ NAV to
reflect the changes in percentage terms
of the price of natural gas delivered at
the Henry Hub, Louisiana, as measured
by the changes in the average of the
prices of 12 futures contracts on natural
gas traded on NYMEX (the ‘‘Natural Gas
Benchmark Futures Contracts’’), less the
12 Month Natural Gas Fund’s
expenses.9 With respect to both funds,
when calculating the daily movement of
the average price of the relevant twelve
futures contracts, each contract month
will be equally weighted.
The General Partner for the Funds
will employ a ‘‘neutral’’ investment
strategy intended to track the changes in
the price of crude oil and natural gas,
respectively, regardless of whether the
price of those commodities goes up or
goes down. The ‘‘neutral’’ investment
strategy is designed to permit investors
to purchase and sell the Funds’ Units
for the purpose of investing indirectly in
crude oil and natural gas in a costeffective manner and/or to permit
market participants to hedge the risk of
losses in crude oil or natural gas
investments.
III. Commission Findings and
Accelerated Approval
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
8 The Oil Benchmark Futures Contracts consist of
the near month contract to expire and the contracts
for the following eleven months, for a total of
twelve consecutive months’ contracts, except when
the near month contract is within two weeks of
expiration, in which case it will be measured by the
futures contracts that are the next month contract
to expire and the contracts for the eleven
consecutive months following that contract. The
average price is determined by summing up the 12
individual monthly prices and dividing them by 12,
and then comparing that result to the prior day’s
average price determined in the same fashion. The
composition of the Oil Benchmark Futures
Contracts will be changed or ‘‘rolled’’ over a one
day period by selling the near month contract and
buying the contract, which at that time is the
thirteen month contract.
9 The Natural Gas Benchmark Futures Contracts
consist of the near month contract to expire and the
contracts for the following eleven months, for a
total of twelve consecutive months’ contracts,
except when the near month contract is within two
weeks of expiration, in which case it will be
measured by the futures contracts that are the next
month contract to expire and the contracts for the
eleven consecutive months following that contract.
The average price is determined by summing up the
12 individual monthly prices and dividing them by
12, and then comparing that result to the prior day’s
average price determined in the same fashion. The
composition of the Natural Gas Benchmark Futures
Contract will be changed or ‘‘rolled’’ over a one day
period by selling the near month contract and
buying the contract which at that time is the
thirteen month contract on the same day.
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67614
Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices
rmajette on PROD1PC64 with NOTICES
thereunder applicable to a national
securities exchange.10 In particular, the
Commission finds that the proposed
rule change is consistent with section
6(b)(5) of the Act,11 which requires that
an exchange have rules designed, among
other things, to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities,
and 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; and is
not designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers, or to
regulate by virtue of any authority
conferred by the Act matters not related
to the purpose of the Act or the
administration of the Exchange. The
Commission notes that it previously
approved the original listing and trading
of certain partnership units similar to
the Units.12
The Commission further believes that
the proposal is consistent with section
11A(a)(1)(C)(iii) of the Act,13 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. The Amex
will disseminate for each Partnership
every 15 seconds throughout Amex’s
trading day by means of the
Consolidated Tape Association/
Consolidated Quote High Speed Lines
information with respect to the
indicative partnership value (‘‘IPV’’).
The Exchange will also make available
on its Web site daily trading volume, the
closing prices, and the NAV. Web site
disclosure of portfolio holdings for both
Funds will be made daily and will
include, as applicable, the specific
types, the name and value of each Crude
Oil or Natural Gas Interest, the specific
types of Crude Oil or Natural Gas
10 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
11 15 U.S.C. 78f(b)(5).
12 See Securities Exchange Act Release Nos.
53582 (March 31, 2006), 71 FR 17510 (April 6,
2006) (SR–Amex–2005–127) (approving Amex
Rules 1500–AEMI and 1501 through 1505 in
conjunction with the listing and trading of Units of
the United States Oil Fund, LP); and 55632 (April
13, 2007), 72 FR 19987 (April 20, 2007) (SR–Amex–
2006–112) (approving the listing and trading of
shares of the United States Natural Gas Fund, LP).
13 15 U.S.C. 78k–1(a)(1)(C)(iii).
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14:52 Nov 28, 2007
Jkt 211001
Interests and characteristics of such
Crude Oil or Natural Gas Interests,
Treasuries, and amount of Cash held in
the portfolio of the Funds. In addition,
Amex represented that quotations and
last-sale information regarding the
Futures Contracts are widely
disseminated through a variety of
market data vendors worldwide,
including Bloomberg and Reuters. In
addition, the Exchange further
represented that real-time futures data is
available by subscription from Reuters
and Bloomberg.
Furthermore, the Commission
believes that the proposal to list and
trade the Units is reasonably designed to
promote fair disclosure of information
that may be necessary to price the Units
appropriately and to prevent trading
when a reasonable degree of
transparency cannot be assured. The
Commission also believes that the
Exchange’s trading halt rules are
reasonably designed to prevent trading
in the Units when transparency is
impaired. Trading in the Units will be
halted in the event the market volatility
trading halt parameters set forth in
Amex Rule 117 have been reached. In
addition, Amex Rule 1502(b)(ii)–(iii)
provides that, if the IPV or the
underlying benchmark futures contract
of a Fund is not being disseminated as
required, the Exchange may halt trading
during the day in which the
interruption to the dissemination
occurs. If the interruption to the
dissemination of the IIV or the
underlying benchmark futures contract
persists past the trading day in which it
occurred, the Exchange will halt trading
no later than the beginning of the
trading day following the interruption.
The Commission further believes that
the trading rules and procedures to
which the Units will be subject
pursuant to this proposal are consistent
with the Act. The Exchange has
represented that the Units will be traded
on the Exchange similar to other equity
securities.
In support of this proposal, the
Exchange has made the following
representations:
(1) The Exchange will obtain a
representation from each Partnership,
prior to listing, that the NAV per Unit
for each Fund will be calculated daily
and made available to all market
participants at the same time. In
addition, the Exchange represents that
disclosure of the portfolio composition
for each Fund will be made to all market
participants at the same time.
(2) The Exchange’s surveillance
procedures are adequate to deter and
detect violations of Exchange rules
relating to trading of the Units.
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Sfmt 4703
Specifically, the surveillance
procedures will be similar to those used
for units of the United States Oil Fund,
LP and the United States Natural Gas
Fund, LP as well as other commoditybased trusts, trust issued receipts, and
exchange-traded funds. In addition, the
surveillance procedures will incorporate
and rely upon existing Amex
surveillance procedures governing
options and equities. The Exchange
currently has in place a comprehensive
surveillance sharing agreement with
each of NYMEX and ICE Futures for the
purpose of providing information in
connection with trading in, or related to,
futures contracts traded on NYMEX and
ICE Futures, respectively. To the extent
that a Partnership invests in Crude Oil
Interests or Natural Gas Interests traded
on other exchanges, the Amex will enter
into comprehensive surveillance sharing
agreements with those particular
exchanges. The Exchange has
represented that each of the
Partnerships will only invest in futures
contracts on markets where the
Exchange has entered into the
appropriate comprehensive surveillance
sharing agreements.
(3) Prior to the commencement of
trading, the Exchange will inform its
members and member organizations in
an Information Circular. The
Information Circular will discuss the
special characteristics, and risks, of
trading in the Units. Specifically, the
Information Circular, among other
things, will discuss what the Units are,
how a basket of Units is created and
redeemed, the requirement that
members and member firms deliver a
prospectus to investors purchasing the
Units prior to, or concurrently with, the
confirmation of a transaction, applicable
Amex rules, dissemination of
information regarding the per-Unit IPV,
trading information, and applicable
suitability rules. The Information
Circular will also reference the fact that
there is no regulated source of last sale
information regarding physical
commodities, and describe the
regulatory framework relating to the
trading of crude oil, natural gas, heating
oil, gasoline, or other petroleum-based
fuels and crude oil- and natural gasbased futures contracts and related
options. The Information Circular will
also discuss any relief, if granted, by the
Commission or the staff from any rules
under the Act.
(4) The Trust is required to comply
with Rule 10A–3 under the Act 14 for the
initial and continued listing of the
Units.
14 17
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Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices
This approval order is based on the
Exchange’s representations.
Acceleration
The Commission finds good cause,
pursuant to Section 19(b)(2) of the
Act,15 for approving the proposed rule
change, as amended, prior to the
thirtieth day after the date of
publication of notice in the Federal
Register. The Commission notes that the
present proposal is similar to prior
proposals that the Commission has
approved,16 is consistent with current
Amex listing requirements, and received
no comments following publication in
the Federal Register. The Commission
does not believe that the proposed rule
change, as amended, raises novel
regulatory issues. Consequently, the
Commission believes that it is
appropriate to permit investors to
benefit from these additional investment
choices without delay.
Accordingly, the Commission finds
that there is good cause, consistent with
section 6(b)(5) of the Act,17 to approve
the proposal, as amended, on an
accelerated basis.
V. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,18 that the
proposed rule change (SR–Amex–2007–
98), as amended, be, and is hereby
approved on an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Nancy M. Morris,
Secretary.
[FR Doc. E7–23169 Filed 11–28–07; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56824; File No. CBOE–
2007–134]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing of
Proposed Rule Change Relating to the
Continuous Quoting Obligations of
DPMs
November 20, 2007.
rmajette on PROD1PC64 with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
15 15
U.S.C. 78s(b)(2).
supra, note 12.
17 15 U.S.C. 78s(b)(5).
18 15 U.S.C. 78s(b)(2).
19 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
16 See
VerDate Aug<31>2005
14:52 Nov 28, 2007
notice is hereby given that on November
9, 2007, the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I, II, and III below,
which Items have been prepared
substantially by CBOE. 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 amend
CBOE Rule 8.85 relating to the
continuous quoting obligations of
Designated Primary Market-Makers
(‘‘DPMs’’). The text of the proposed rule
change is available at CBOE, the
Commission’s Public Reference Room,
and https://www.cboe.com/legal.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
CBOE included statements concerning
the purpose of, and basis for, the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. CBOE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
CBOE proposes to modify the
continuous electronic quoting obligation
of DPMs in multiply-listed option
classes, and make them consistent with
the continuous quoting obligation of eDPMs 3 and Lead Market-Makers
(‘‘LMMs’’) in Hybrid option classes.4
CBOE is not proposing to change the
continuous electronic quoting obligation
of DPMs in classes listed solely on
CBOE.
Currently, DPMs are required to
provide continuous electronic
quotations in 100% of the series of each
option class allocated to the DPM. E–
DPMs and LMMs, on the other hand, are
required to provide continuous
electronic quotes in 90% of the series of
each appointed option class. CBOE
believes that it would be appropriate
and reasonable to reduce the continuous
electronic quoting obligation of DPMs in
multiply-listed option classes from
100% of the series to 90% of the series.
The participation entitlement for DPMs
has been reduced over the past several
years, and presently the participation
entitlement is allocated between DPMs
and e-DPMs under Rule 8.87.
Specifically, if the DPM and one or
more e-DPMs are quoting at the best
bid/offer on CBOE, one-half of the
entitlement is allocated to the DPM, and
the other half is divided equally among
the e-DPMs quoting at the best bid/offer
on CBOE. In addition, in 2005 CBOE
implemented a Preferred Market-Maker
Program which provides that in
instances where a Preferred MarketMaker receives a participation
entitlement, then the DPM and e-DPM
participation entitlement shall not apply
to any order.5
CBOE believes that reducing the
continuous electronic quoting
obligations of DPMs in multiply-listed
option classes may also mitigate
quotations. In the event that an order is
received in a series of a multiply-listed
option class in which CBOE is not
disseminating a quotation, CBOE would
process the order in accordance with the
provisions of Rule 6.14—the Hybrid
Agency Liaison. As a result, CBOE does
not believe there would be any negative
effect on the handling of orders.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,6 in general, and furthers the
objectives of Section 6(b)(5) of the Act,7
in particular, in that it is designed to
promote just and equitable principles of
trade, serve to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest.
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
No written comments were either
solicited or received with respect to the
proposed rule change.
5 See
CBOE Rule 8.13.
U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
3 See
CBOE Rule 8.93.
4 See CBOE Rule 8.15A.
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E:\FR\FM\29NON1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 229 (Thursday, November 29, 2007)]
[Notices]
[Pages 67612-67615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23169]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56831; File No. SR-Amex-2007-98]
Self-Regulatory Organizations; American Stock Exchange LLC; Order
Granting Accelerated Approval of a Proposed Rule Change, as Modified by
Amendment Nos. 1 and 2, Relating to the Listing and Trading of Units of
the United States 12 Month Oil Fund, LP and the United States 12 Month
Natural Gas Fund, LP
November 21, 2007.
I. Introduction
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 23, 2007, the American Stock Exchange LLC (``Amex'' 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 substantially prepared by the Exchange.
On September 14, 2007, the Exchange submitted Amendment No. 1 to the
proposed rule change. On October 25, 2007, the Exchange submitted
Amendment No. 2 to the proposed rule change. The proposed rule change,
as
[[Page 67613]]
amended, was published for comment in the Federal Register on November
2, 2007 for a 15-day comment period.\3\ This order approves the
proposed rule change, as modified by Amendment Nos. 1 and 2 on an
accelerated basis.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 56719 (October 29,
2007), 72 FR 62277 (``Notice'').
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II. Description of Proposal
The Exchange proposes to list and trade units (each a ``Unit'' and,
collectively, the ``Units'') of each of the United States 12 Month Oil
Fund, LP (``12 Month Oil Fund'') and the United States 12 Month Natural
Gas Fund, LP (``12 Month Natural Gas Fund'') (each a ``Partnership''
and, collectively, the ``Partnerships'') pursuant to Amex Rules 1500-
AEMI and 1501 through 1505.\4\ The Exchange has represented that the
Units will conform to the initial and continued listing criteria under
Rule 1502,\5\ specialist prohibitions under Rule 1503 and the
obligations of specialists under Rule 1504.
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\4\ Amex Rule 1500-AEMI provides for the listing of Partnership
Units, which are defined as securities, that are: (a) issued by a
partnership that invests in any combination of futures contracts,
options on futures contracts, forward contracts, commodities, and/or
securities; and (b) that are issued and redeemed daily in specified
aggregate amounts at net asset value. See Exchange Act Release No.
53582 (March 31, 2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-
127) (approving Amex Rules 1500-AEMI and 1501 through 1505 in
conjunction with the listing and trading of Units of the United
States Oil Fund, LP).
\5\ The Amex stated that it will require a minimum of 100,000
Units to be outstanding at the start of trading and expects that the
initial price of a Unit will be $50.00.
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Ownership of a Partnership Unit represents a fractional undivided
unit of a beneficial interest in the net assets of that Partnership.\6\
Each of the net assets of the 12 Month Oil Fund and the 12 Month
Natural Gas Fund will consist primarily of investments in futures
contracts for crude oil, heating oil, gasoline, natural gas, and other
petroleum-based fuels that are traded on the New York Mercantile
Exchange (``NYMEX''), Intercontinental Exchange (``ICE Futures'') or
other U.S. and foreign exchanges (collectively, ``Futures Contracts'').
In the case of the 12 Month Oil Fund, the predominant investments are
expected to be based on, or related to, crude oil. Similarly, for the
12 Month Natural Gas Fund, the predominant investments are expected to
be based on, or related to, natural gas.
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\6\ Each Partnership is a commodity pool that will issue Units
that may be purchased and sold on the Exchange.
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The 12 Month Oil Fund may also invest in other crude oil-related
investments such as cash-settled options on Futures Contracts, forward
contracts for crude oil, and over-the-counter (``OTC'') transactions
based on the price of crude oil, heating oil, gasoline, natural gas,
other petroleum-based fuels, Futures Contracts, and indices based on
the foregoing (collectively, ``Other Crude Oil-Related Investments'').
Futures Contracts and Other Crude Oil-Related Investments collectively
are referred to as ``Crude Oil Interests.'' Similarly, the 12 Month
Natural Gas Fund may also invest in other natural gas-related
investments such as cash-settled options on Futures Contracts, forward
contracts for natural gas, and OTC transactions based on the price of
natural gas, crude oil and other petroleum-based fuels, Futures
Contracts and indices based on the foregoing (collectively, ``Other
Natural Gas-Related Investments''). Futures Contracts and Other Natural
Gas-Related Investments collectively are referred to as ``Natural Gas
Interests.''
Each of the 12 Month Oil Fund and the 12 Month Natural Gas Fund
will invest in Crude Oil Interests and Natural Gas Interests,
respectively, to the fullest extent possible without being leveraged or
unable to satisfy its current or potential margin or collateral
obligations. In pursuing this objective, the primary focus of each
Partnership's investment manager, Victoria Bay Asset Management, LLC
(``General Partner''), will be the investment in Futures Contracts and
the management of its investments in short-term obligations of the
United States of two years or less (``Treasuries'') and cash and cash
equivalents (collectively, ``Cash'') for margining purposes and as
collateral.
Each Fund seeks to track price changes in percentage terms of an
underlying commodity as measured by a benchmark defined to be the
average price of specified futures contracts.\7\ The investment
objective of the 12 Month Oil Fund is for the changes in percentage
terms of the Units' net asset value (``NAV'') to reflect the changes in
percentage terms of the price of light, sweet crude oil delivered to
Cushing, Oklahoma, as measured by the changes in the average of the
prices of twelve crude oil futures contracts traded on NYMEX (the ``Oil
Benchmark Futures Contracts''), less the 12 Month Oil Fund's
expenses.\8\ Similarly, the investment objective of the 12 Month
Natural Gas Fund is for the changes in percentage terms of the Units'
NAV to reflect the changes in percentage terms of the price of natural
gas delivered at the Henry Hub, Louisiana, as measured by the changes
in the average of the prices of 12 futures contracts on natural gas
traded on NYMEX (the ``Natural Gas Benchmark Futures Contracts''), less
the 12 Month Natural Gas Fund's expenses.\9\ With respect to both
funds, when calculating the daily movement of the average price of the
relevant twelve futures contracts, each contract month will be equally
weighted.
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\7\ A detailed discussion of the underlying benchmark for each
Fund, dissemination of the values thereof, investment objective of
the Funds, portfolio investment methodology, investment techniques,
availability of information and key values, creation and redemption
of Units, dividends and distributions, Amex's initial and continued
listing standards, Amex trading rules and trading halts, information
circular to Exchange members, and other related information
regarding the Funds can be found in the Notice. See supra note 3.
\8\ The Oil Benchmark Futures Contracts consist of the near
month contract to expire and the contracts for the following eleven
months, for a total of twelve consecutive months' contracts, except
when the near month contract is within two weeks of expiration, in
which case it will be measured by the futures contracts that are the
next month contract to expire and the contracts for the eleven
consecutive months following that contract. The average price is
determined by summing up the 12 individual monthly prices and
dividing them by 12, and then comparing that result to the prior
day's average price determined in the same fashion. The composition
of the Oil Benchmark Futures Contracts will be changed or ``rolled''
over a one day period by selling the near month contract and buying
the contract, which at that time is the thirteen month contract.
\9\ The Natural Gas Benchmark Futures Contracts consist of the
near month contract to expire and the contracts for the following
eleven months, for a total of twelve consecutive months' contracts,
except when the near month contract is within two weeks of
expiration, in which case it will be measured by the futures
contracts that are the next month contract to expire and the
contracts for the eleven consecutive months following that contract.
The average price is determined by summing up the 12 individual
monthly prices and dividing them by 12, and then comparing that
result to the prior day's average price determined in the same
fashion. The composition of the Natural Gas Benchmark Futures
Contract will be changed or ``rolled'' over a one day period by
selling the near month contract and buying the contract which at
that time is the thirteen month contract on the same day.
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The General Partner for the Funds will employ a ``neutral''
investment strategy intended to track the changes in the price of crude
oil and natural gas, respectively, regardless of whether the price of
those commodities goes up or goes down. The ``neutral'' investment
strategy is designed to permit investors to purchase and sell the
Funds' Units for the purpose of investing indirectly in crude oil and
natural gas in a cost-effective manner and/or to permit market
participants to hedge the risk of losses in crude oil or natural gas
investments.
III. Commission Findings and Accelerated Approval
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations
[[Page 67614]]
thereunder applicable to a national securities exchange.\10\ In
particular, the Commission finds that the proposed rule change is
consistent with section 6(b)(5) of the Act,\11\ which requires that an
exchange have rules designed, among other things, to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and 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; and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers, or to
regulate by virtue of any authority conferred by the Act matters not
related to the purpose of the Act or the administration of the
Exchange. The Commission notes that it previously approved the original
listing and trading of certain partnership units similar to the
Units.\12\
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\10\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
\11\ 15 U.S.C. 78f(b)(5).
\12\ See Securities Exchange Act Release Nos. 53582 (March 31,
2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-127) (approving
Amex Rules 1500-AEMI and 1501 through 1505 in conjunction with the
listing and trading of Units of the United States Oil Fund, LP); and
55632 (April 13, 2007), 72 FR 19987 (April 20, 2007) (SR-Amex-2006-
112) (approving the listing and trading of shares of the United
States Natural Gas Fund, LP).
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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' 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. The Amex will disseminate for each Partnership every 15
seconds throughout Amex's trading day by means of the Consolidated Tape
Association/Consolidated Quote High Speed Lines information with
respect to the indicative partnership value (``IPV''). The Exchange
will also make available on its Web site daily trading volume, the
closing prices, and the NAV. Web site disclosure of portfolio holdings
for both Funds will be made daily and will include, as applicable, the
specific types, the name and value of each Crude Oil or Natural Gas
Interest, the specific types of Crude Oil or Natural Gas Interests and
characteristics of such Crude Oil or Natural Gas Interests, Treasuries,
and amount of Cash held in the portfolio of the Funds. In addition,
Amex represented that quotations and last-sale information regarding
the Futures Contracts are widely disseminated through a variety of
market data vendors worldwide, including Bloomberg and Reuters. In
addition, the Exchange further represented that real-time futures data
is available by subscription from Reuters and Bloomberg.
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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 to list and
trade the Units is reasonably designed to promote fair disclosure of
information that may be necessary to price the Units appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission also believes that the Exchange's trading halt
rules are reasonably designed to prevent trading in the Units when
transparency is impaired. Trading in the Units will be halted in the
event the market volatility trading halt parameters set forth in Amex
Rule 117 have been reached. In addition, Amex Rule 1502(b)(ii)-(iii)
provides that, if the IPV or the underlying benchmark futures contract
of a Fund is not being disseminated as required, the Exchange may halt
trading during the day in which the interruption to the dissemination
occurs. If the interruption to the dissemination of the IIV or the
underlying benchmark futures contract persists past the trading day in
which it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption.
The Commission further believes that the trading rules and
procedures to which the Units will be subject pursuant to this proposal
are consistent with the Act. The Exchange has represented that the
Units will be traded on the Exchange similar to other equity
securities.
In support of this proposal, the Exchange has made the following
representations:
(1) The Exchange will obtain a representation from each
Partnership, prior to listing, that the NAV per Unit for each Fund will
be calculated daily and made available to all market participants at
the same time. In addition, the Exchange represents that disclosure of
the portfolio composition for each Fund will be made to all market
participants at the same time.
(2) The Exchange's surveillance procedures are adequate to deter
and detect violations of Exchange rules relating to trading of the
Units. Specifically, the surveillance procedures will be similar to
those used for units of the United States Oil Fund, LP and the United
States Natural Gas Fund, LP as well as other commodity-based trusts,
trust issued receipts, and exchange-traded funds. In addition, the
surveillance procedures will incorporate and rely upon existing Amex
surveillance procedures governing options and equities. The Exchange
currently has in place a comprehensive surveillance sharing agreement
with each of NYMEX and ICE Futures for the purpose of providing
information in connection with trading in, or related to, futures
contracts traded on NYMEX and ICE Futures, respectively. To the extent
that a Partnership invests in Crude Oil Interests or Natural Gas
Interests traded on other exchanges, the Amex will enter into
comprehensive surveillance sharing agreements with those particular
exchanges. The Exchange has represented that each of the Partnerships
will only invest in futures contracts on markets where the Exchange has
entered into the appropriate comprehensive surveillance sharing
agreements.
(3) Prior to the commencement of trading, the Exchange will inform
its members and member organizations in an Information Circular. The
Information Circular will discuss the special characteristics, and
risks, of trading in the Units. Specifically, the Information Circular,
among other things, will discuss what the Units are, how a basket of
Units is created and redeemed, the requirement that members and member
firms deliver a prospectus to investors purchasing the Units prior to,
or concurrently with, the confirmation of a transaction, applicable
Amex rules, dissemination of information regarding the per-Unit IPV,
trading information, and applicable suitability rules. The Information
Circular will also reference the fact that there is no regulated source
of last sale information regarding physical commodities, and describe
the regulatory framework relating to the trading of crude oil, natural
gas, heating oil, gasoline, or other petroleum-based fuels and crude
oil- and natural gas-based futures contracts and related options. The
Information Circular will also discuss any relief, if granted, by the
Commission or the staff from any rules under the Act.
(4) The Trust is required to comply with Rule 10A-3 under the Act
\14\ for the initial and continued listing of the Units.
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\14\ 17 CFR 240.10A-3.
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[[Page 67615]]
This approval order is based on the Exchange's representations.
Acceleration
The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\15\ for approving the proposed rule change, as amended, prior
to the thirtieth day after the date of publication of notice in the
Federal Register. The Commission notes that the present proposal is
similar to prior proposals that the Commission has approved,\16\ is
consistent with current Amex listing requirements, and received no
comments following publication in the Federal Register. The Commission
does not believe that the proposed rule change, as amended, raises
novel regulatory issues. Consequently, the Commission believes that it
is appropriate to permit investors to benefit from these additional
investment choices without delay.
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\15\ 15 U.S.C. 78s(b)(2).
\16\ See supra, note 12.
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Accordingly, the Commission finds that there is good cause,
consistent with section 6(b)(5) of the Act,\17\ to approve the
proposal, as amended, on an accelerated basis.
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\17\ 15 U.S.C. 78s(b)(5).
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V. Conclusion
It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-Amex-2007-98), as amended,
be, and is hereby approved on an accelerated basis.
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\18\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E7-23169 Filed 11-28-07; 8:45 am]
BILLING CODE 8011-01-P
