Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Amend CBOE Rule 6.13A To Modify the Simple Auction Liaison Auction Process and Incorporate Specific Provisions for Hybrid 3.0 Classes, 71977-71978 [E7-24533]
Download as PDF
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices
residual radioactivity at the Facility and
concluded that the proposed action will
not have a significant effect on the
quality of the human environment.
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 the
Facility 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.
mstockstill on PROD1PC66 with NOTICES
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of New Jersey, Department of
Environmental Health for review on
November 8, 2007. On November 26,
2007, the Department of Environmental
Health responded by letter. 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.
VerDate Aug<31>2005
21:40 Dec 18, 2007
Jkt 214001
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. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ and
5. Merck & Co. Inc. Amendment
Request Letter dated August 24, 2007.
[ML072550100]
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 475 Allendale Road, King of
Prussia this 11th day of December 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E7–24657 Filed 12–18–07; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
71977
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56951; File No. SR–CBOE–
2007–74]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Order Granting Approval
of Proposed Rule Change, as Modified
by Amendment No. 1 Thereto, To
Amend CBOE Rule 6.13A To Modify
the Simple Auction Liaison Auction
Process and Incorporate Specific
Provisions for Hybrid 3.0 Classes
December 12, 2007.
I. Introduction
On July 2, 2007, the Chicago Board
Options Exchange, Incorporated
(‘‘CBOE’’ or ‘‘Exchange’’), filed with the
Securities and Exchange Commission
(‘‘Commission’’) pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend CBOE Rule 6.13A to modify the
Simple Auction Liason (‘‘SAL’’) auction
process. On October 16, 2007, CBOE
filed Amendment No. 1 to the proposed
rule change. The proposed rule change,
as amended, was published for
comment in the Federal Register on
November 7, 2007.3 The Commission
received no comments on the proposal.
This order approves the proposed rule
change, as amended.
II. Description of the Proposal
CBOE Rule 6.13A governs the
operation of the Exchange’s SAL system.
SAL is a feature on CBOE’s Hybrid
system that auctions certain marketable
orders for price improvement over the
National Best Bid and Offer (‘‘NBBO’’).
The SAL rules provide for an auction,
for a period of time not to exceed two
seconds as determined by the Exchange
on a class-by-class basis, for any
qualifying order (‘‘Agency Order’’) that
is eligible for automatic execution by
CBOE’s Hybrid System.4 CBOE Rule
6.13A(b) outlines the procedures
regarding how a response shall be
submitted during the auction and
provides that the response may be
submitted in one-cent increments.
CBOE proposes to modify this rule to
allow the auction response in all option
classes in which SAL is activated to be
submitted in one-cent increments or
standard increments, as determined by
1 15
U.S.C. 78s(b)(l).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 56730
(November 1, 2007), 72 FR 62883 (November 7,
2007) (the ‘‘Notice’’).
4 See CBOE Rule 6.13(b)(C)(i).
2 17
E:\FR\FM\19DEN1.SGM
19DEN1
71978
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
the Exchange.5 CBOE believes that this
modification may encourage market
makers and other market participants to
quote more aggressively overall.
The Exchange believes that applying
SAL to Hybrid 3.0 classes will provide
a more automated order handling
process in those classes. CBOE proposes
to modify the operation of SAL,
however, with respect to Hybrid 3.0
classes. The existing SAL rules provide
that Agency Orders are to be allocated
in two rounds.6 For Hybrid 3.0 Classes,
CBOE proposes to conduct only one
round of allocations, because the
Designated Primary Market Maker or
Lead Market Maker (‘‘DPM’’ or ‘‘LMM’’)
is the only ‘‘quoter’’ on the Hybrid 3.0
Platform.7 Specifically, the first round
allocation specified in Rule 6.13A(c)(i)
will not apply; rather, in Hybrid 3.0
Classes, the single allocation round will
be conducted pursuant to the criteria in
Rule 6.13A(c)(ii) for Hybrid and Hybrid
2.0 classes, with a few differences.
The current SAL rule allocates the
Agency Order pursuant to the matching
algorithm that is in effect for the class
pursuant to Rule 6.45A or Rule 6.45B.8
CBOE’s proposal will allow the
matching algorithm as applied to SAL to
be different from the matching
algorithm that is currently in effect for
the Hybrid 3.0 Class. Therefore, for
Hybrid 3.0 Classes, the Exchange
proposes to allow the appropriate
Exchange Procedure Committee to
determine, on a class-by-class basis,
which electronic matching algorithm
will apply to SAL executions. The
matching algorithm applied to SAL in
Hybrid 3.0 Classes will continue to be
pursuant to Rule 6.45B.
The existing SAL rule also provides
for a Market-Maker to receive a
participation entitlement only if the
applicable matching algorithm (from
Rule 6.45A or 6.45B) that is in effect for
the class includes a participation
entitlement.9 Currently, Hybrid 3.0 does
not permit an LMM or DPM to receive
a participation entitlement as it pertains
to the allocation of incoming electronic
orders.10 Since the LMM or DPM does
5 See proposed changes to CBOE Rule
6.13A(b)(ii).
6 See CBOE Rule 6.13A(c).
7 Pursuant to CBOE Rule 1.1(aaa), the Hybrid 3.0
Platform is an electronic trading platform on the
Hybrid trading system that allows a single quoter
to submit an electronic quote which represents the
aggregate Market-Maker quoting interest in a series
for the trading crowd.
8 See CBOE Rule 6.13A(c)(1).
9 See CBOE Rule 6.13A(c)(3).
10 In Hybrid 3.0 Classes, pursuant to existing
rules, all eligible orders pursuant to Rule 6.13 can
receive automatic execution against public
customer orders in the electronic book. The
remaining balance of the eligible order, if any, may
VerDate Aug<31>2005
21:40 Dec 18, 2007
Jkt 214001
not receive a participation entitlement
with regard to incoming electronic
orders, CBOE proposes to permit the
appropriate Exchange Market
Performance Committee to establish, on
a class-by-class basis, an LMM or DPM
participation entitlement applicable
only to SAL executions in Hybrid 3.0
Classes. Incorporating SAL on the
Hybrid 3.0 Platform will provide
Market-Makers with electronic access to
the Agency Order since Market-Makers
will be able to electronically respond to
the Agency Order through SAL. The
Exchange stated in its Notice that with
Market-Makers having access to
electronically respond to the Agency
Order, incorporating a LMM/DPM
participation entitlement to SAL
executions may provide for more
aggressive quoting. The participation
entitlement, if any, will be in
compliance with the provisions of Rule
6.45B(a)(i)(2).
When the SAL system is enabled, the
Exchange will conduct a SAL auction in
Hybrid 3.0 classes only when the
Exchange’s quote is represented by the
DPM/LMM quote. The Exchange will
not conduct a SAL auction when the
Exchange’s quote is represented by a
manual quote.11 All other aspects of
SAL pursuant to CBOE Rule 6.13A will
apply to Hybrid 3.0 Classes.
III. Discussion and Commission
Findings
The Commission has carefully
reviewed the proposed rule change and
finds that it is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.12 In
particular, the Commission finds that
the proposed rule change is consistent
with Section 6(b)(5) of the Act,13 which,
among other things, requires that the
rules of a national securities exchange
be designed to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating
transactions in securities, 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 notes that SAL is a
feature which auctions certain orders for
price improvement over the NBBO. The
Commission believes that it is
reasonable and consistent with the Act
to allow the Exchange flexibility to
determine the minimum trading
increment in which responses in the
auction—responses to provide price
improvement—can be submitted. The
Commission notes that orders that
participate in a SAL auction will, at a
minimum, receive executions at the
NBBO.
Applying the SAL functionality to
Hybrid 3.0 classes should serve to
further automate the order handling
process for certain orders in those
classes. Automation may increase
efficiency in the marketplace, which
would be in the interest of the
Exchange, its members, and the
investing public. Further, the
Commission believes the differences in
the application of SAL to Hybrid 3.0
classes are reasonable and consistent
with the Act, in part because of the
differences in the operation of Hybrid
3.0. The Commission notes, however,
that the Exchange has the duty to
surveil for compliance with its own
rules and Rule 602 of Regulation NMS 14
in all instances, including when an
order is received when the Exchange’s
quote is represented by a manual quote.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,15 that the
proposed rule change (SR–CBOE–2007–
74), as modified by Amendment No. 1,
be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–24533 Filed 12–18–07; 8:45 am]
BILLING CODE 8011–01–P
be represented in the electronic book, provided
such order is eligible for book entry pursuant to
Rule 7.4; if not book eligible, the remaining balance
of the eligible order will route to PAR, BART, or
the order entry firm’s booth printer. See CBOE Rule
6.13(b)(i)(A)(2). Orders not eligible for automatic
execution will route on a class-by-class basis to
PAR, BART, or the order entry firm’s booth printer.
See CBOE Rule 6.13(b)(i)(B).
11 See proposed CBOE Rule 6.13A.04(iii).
12 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
13 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
14 17
CFR 242.602.
U.S.C. 78s(b)(2).
16 17 CFR 200.30–3(a)(12).
15 15
E:\FR\FM\19DEN1.SGM
19DEN1
Agencies
[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Notices]
[Pages 71977-71978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24533]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56951; File No. SR-CBOE-2007-74]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of Proposed Rule Change, as
Modified by Amendment No. 1 Thereto, To Amend CBOE Rule 6.13A To Modify
the Simple Auction Liaison Auction Process and Incorporate Specific
Provisions for Hybrid 3.0 Classes
December 12, 2007.
I. Introduction
On July 2, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend CBOE Rule 6.13A to
modify the Simple Auction Liason (``SAL'') auction process. On October
16, 2007, CBOE filed Amendment No. 1 to the proposed rule change. The
proposed rule change, as amended, was published for comment in the
Federal Register on November 7, 2007.\3\ The Commission received no
comments on the proposal. This order approves the proposed rule change,
as amended.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(l).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 56730 (November 1,
2007), 72 FR 62883 (November 7, 2007) (the ``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposal
CBOE Rule 6.13A governs the operation of the Exchange's SAL system.
SAL is a feature on CBOE's Hybrid system that auctions certain
marketable orders for price improvement over the National Best Bid and
Offer (``NBBO''). The SAL rules provide for an auction, for a period of
time not to exceed two seconds as determined by the Exchange on a
class-by-class basis, for any qualifying order (``Agency Order'') that
is eligible for automatic execution by CBOE's Hybrid System.\4\ CBOE
Rule 6.13A(b) outlines the procedures regarding how a response shall be
submitted during the auction and provides that the response may be
submitted in one-cent increments. CBOE proposes to modify this rule to
allow the auction response in all option classes in which SAL is
activated to be submitted in one-cent increments or standard
increments, as determined by
[[Page 71978]]
the Exchange.\5\ CBOE believes that this modification may encourage
market makers and other market participants to quote more aggressively
overall.
---------------------------------------------------------------------------
\4\ See CBOE Rule 6.13(b)(C)(i).
\5\ See proposed changes to CBOE Rule 6.13A(b)(ii).
---------------------------------------------------------------------------
The Exchange believes that applying SAL to Hybrid 3.0 classes will
provide a more automated order handling process in those classes. CBOE
proposes to modify the operation of SAL, however, with respect to
Hybrid 3.0 classes. The existing SAL rules provide that Agency Orders
are to be allocated in two rounds.\6\ For Hybrid 3.0 Classes, CBOE
proposes to conduct only one round of allocations, because the
Designated Primary Market Maker or Lead Market Maker (``DPM'' or
``LMM'') is the only ``quoter'' on the Hybrid 3.0 Platform.\7\
Specifically, the first round allocation specified in Rule 6.13A(c)(i)
will not apply; rather, in Hybrid 3.0 Classes, the single allocation
round will be conducted pursuant to the criteria in Rule 6.13A(c)(ii)
for Hybrid and Hybrid 2.0 classes, with a few differences.
---------------------------------------------------------------------------
\6\ See CBOE Rule 6.13A(c).
\7\ Pursuant to CBOE Rule 1.1(aaa), the Hybrid 3.0 Platform is
an electronic trading platform on the Hybrid trading system that
allows a single quoter to submit an electronic quote which
represents the aggregate Market-Maker quoting interest in a series
for the trading crowd.
---------------------------------------------------------------------------
The current SAL rule allocates the Agency Order pursuant to the
matching algorithm that is in effect for the class pursuant to Rule
6.45A or Rule 6.45B.\8\ CBOE's proposal will allow the matching
algorithm as applied to SAL to be different from the matching algorithm
that is currently in effect for the Hybrid 3.0 Class. Therefore, for
Hybrid 3.0 Classes, the Exchange proposes to allow the appropriate
Exchange Procedure Committee to determine, on a class-by-class basis,
which electronic matching algorithm will apply to SAL executions. The
matching algorithm applied to SAL in Hybrid 3.0 Classes will continue
to be pursuant to Rule 6.45B.
---------------------------------------------------------------------------
\8\ See CBOE Rule 6.13A(c)(1).
---------------------------------------------------------------------------
The existing SAL rule also provides for a Market-Maker to receive a
participation entitlement only if the applicable matching algorithm
(from Rule 6.45A or 6.45B) that is in effect for the class includes a
participation entitlement.\9\ Currently, Hybrid 3.0 does not permit an
LMM or DPM to receive a participation entitlement as it pertains to the
allocation of incoming electronic orders.\10\ Since the LMM or DPM does
not receive a participation entitlement with regard to incoming
electronic orders, CBOE proposes to permit the appropriate Exchange
Market Performance Committee to establish, on a class-by-class basis,
an LMM or DPM participation entitlement applicable only to SAL
executions in Hybrid 3.0 Classes. Incorporating SAL on the Hybrid 3.0
Platform will provide Market-Makers with electronic access to the
Agency Order since Market-Makers will be able to electronically respond
to the Agency Order through SAL. The Exchange stated in its Notice that
with Market-Makers having access to electronically respond to the
Agency Order, incorporating a LMM/DPM participation entitlement to SAL
executions may provide for more aggressive quoting. The participation
entitlement, if any, will be in compliance with the provisions of Rule
6.45B(a)(i)(2).
---------------------------------------------------------------------------
\9\ See CBOE Rule 6.13A(c)(3).
\10\ In Hybrid 3.0 Classes, pursuant to existing rules, all
eligible orders pursuant to Rule 6.13 can receive automatic
execution against public customer orders in the electronic book. The
remaining balance of the eligible order, if any, may be represented
in the electronic book, provided such order is eligible for book
entry pursuant to Rule 7.4; if not book eligible, the remaining
balance of the eligible order will route to PAR, BART, or the order
entry firm's booth printer. See CBOE Rule 6.13(b)(i)(A)(2). Orders
not eligible for automatic execution will route on a class-by-class
basis to PAR, BART, or the order entry firm's booth printer. See
CBOE Rule 6.13(b)(i)(B).
---------------------------------------------------------------------------
When the SAL system is enabled, the Exchange will conduct a SAL
auction in Hybrid 3.0 classes only when the Exchange's quote is
represented by the DPM/LMM quote. The Exchange will not conduct a SAL
auction when the Exchange's quote is represented by a manual quote.\11\
All other aspects of SAL pursuant to CBOE Rule 6.13A will apply to
Hybrid 3.0 Classes.
---------------------------------------------------------------------------
\11\ See proposed CBOE Rule 6.13A.04(iii).
---------------------------------------------------------------------------
III. Discussion and Commission Findings
The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\12\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\13\ which,
among other things, requires that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating transactions in securities, 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.
---------------------------------------------------------------------------
\12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission notes that SAL is a feature which auctions certain
orders for price improvement over the NBBO. The Commission believes
that it is reasonable and consistent with the Act to allow the Exchange
flexibility to determine the minimum trading increment in which
responses in the auction--responses to provide price improvement--can
be submitted. The Commission notes that orders that participate in a
SAL auction will, at a minimum, receive executions at the NBBO.
Applying the SAL functionality to Hybrid 3.0 classes should serve
to further automate the order handling process for certain orders in
those classes. Automation may increase efficiency in the marketplace,
which would be in the interest of the Exchange, its members, and the
investing public. Further, the Commission believes the differences in
the application of SAL to Hybrid 3.0 classes are reasonable and
consistent with the Act, in part because of the differences in the
operation of Hybrid 3.0. The Commission notes, however, that the
Exchange has the duty to surveil for compliance with its own rules and
Rule 602 of Regulation NMS \14\ in all instances, including when an
order is received when the Exchange's quote is represented by a manual
quote.
---------------------------------------------------------------------------
\14\ 17 CFR 242.602.
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-CBOE-2007-74), as modified
by Amendment No. 1, be, and hereby is, approved.
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------
\16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-24533 Filed 12-18-07; 8:45 am]
BILLING CODE 8011-01-P