

[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]               
[Page 68852-68853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no06-94]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54803; File No. SR-CBOE-2006-97]

 
Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change to Amend CBOE Rule 8.3 Relating to the Appointment 
Costs of Certain Classes

November 21, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on November 20, 2006, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the CBOE. The 
Exchange filed the proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A)(iii) of the Act,\3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders the proposal effective upon 
filing with the Commission.\5\ The Commission is publishing this notice 
to solicit comments on the proposed rule change from interested 
persons.
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    \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).
    \5\ The Exchange inadvertently included a reference to Section 
19(b)(3)(A)(i) of the Act and Rule 19b-4(f)(1) thereunder. Pursuant 
to the Exchange's request, Commission staff deleted this language 
and replaced it with the language set forth above. Telephone call 
between Patrick Sexton, Associate General Counsel, CBOE, and Sonia 
Trocchio, Special Counsel, Division of Market Regulation 
(``Division''), on November 21, 2006.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE proposes to amend CBOE Rule 8.3 to allow options on the 
Russell 2000 Index (RUT) to be traded on the Hybrid Trading System, and 
options on the iShares S&P 100 (OEF) to be traded on the Hybrid 2.0 
Platform.\6\ The text of the proposed rule change is available on 
CBOE's Web site (http://www.cboe.com), at the CBOE's Office of the 

Secretary, and at the Commission's public reference room.
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    \6\ The Exchange inadvertently stated that ``CBOE proposes to 
increase the class quoting limit in the option class Research in 
Motion (RIMM).'' Pursuant to the Exchange's request, Commission 
staff deleted this language and replaced it with the language set 
forth above. Telephone call between Patrick Sexton, Associate 
General Counsel, CBOE, and Sonia Trocchio, Special Counsel, 
Division, on November 21, 2006.
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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 parts of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The purpose of this rule change is to amend CBOE Rule 8.3 in 
connection with CBOE's determination to trade options on the Russell 
2000 Index (RUT) on the Hybrid Trading System, and options on the 
iShares S&P 100 (OEF) on the Hybrid 2.0 Platform.\7\ Specifically, CBOE 
proposes to amend CBOE Rule 8.3(c)(iv) to delete reference to RUT 
options and OEF options in the table listing the non-Hybrid option 
classes and their related appointment costs.
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    \7\ CBOE Rule 1.1(aaa) defines Hybrid Trading System and Hybrid 
2.0 Platform.
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    CBOE proposes to amend CBOE Rule 8.3(c)(ii) to specifically 
reference RUT options as an option class trading on the Hybrid Trading 
System, with an appointment cost of .25. CBOE proposes to have OEF 
options, as an option class trading on the Hybrid 2.0 Platform, fall 
within the appointment cost structure set forth in CBOE Rule 8.3(c)(i). 
Based on its trading volume, OEF options initially would be included in 
Tier F with an appointment cost of .001. CBOE notes that these new 
appointment costs for RUT and OEF would be lower than their current 
appointment costs.\8\
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    \8\ RUT options currently have a non-Hybrid appointment cost of 
.45, and OEF options currently have a non-Hybrid appointment cost of 
.01.
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2. Statutory Basis
    Accordingly, CBOE believes the proposed rule change is consistent 
with the Act and the rules and regulations under the Act applicable to 
a national securities exchange and, in particular, the requirements of 
Section 6(b) of the Act.\9\ Specifically, the Exchange believes the 
proposed rule change is

[[Page 68853]]

consistent with the Section 6(b)(5) \10\ requirements that the rules of 
an exchange be designed to promote just and equitable principles of 
trade, to prevent fraudulent and manipulative acts and, in general, to 
protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Exchange Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither received nor solicited written comments on the 
proposal.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) of the Act \11\ and subparagraph (f)(6) of Rule 19b-4 
\12\ thereunder because it does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; (iii) become operative for 30 days 
from the date on which it was filed, or such sorter time as the 
Commission may designate; and the Exchange has given the Commission 
written notice of its intention to file the proposed rule change at 
least five business days prior to filing. At any time within 60 days of 
the filing of such 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 furtherance of the purposes of 
the Act.
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    \11\ 15 U.S.C. 78fs(b)(3)(A)(III).
    \12\ 17 CFR 240.19b-4(f)(6).
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    Under Rule 19b-4(f)(6) of the Act,\13\ the proposal does not become 
operative for 30 days after the date of its filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. The Exchange has requested that 
the Commission waive the 30-day operative date, so that the proposal 
may take effect upon filing. The Exchange believes that the proposed 
changes to CBOE Rule 8.3 that facilitate CBOE's determination to trade 
RUT options on the Hybrid Trading System and OEF options on the Hybrid 
2.0 Platform raise no new or unique issues. CBOE has also noted that 
the proposed changes would lower the appointment costs for these 
options. The Commission agrees and, consistent with the protection of 
investors and the public interest, has determined to waive the 30-day 
operative date so that the proposal may take effect upon filing.\14\
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    \13\ Id.
    \14\ For purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-CBOE-2006-97 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CBOE-2006-97. 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 (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, 

all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for inspection 
and copying in the Commission's Public Reference Room. Copies of such 
filing also will be available for inspection and copying at the 
principal office of the CBOE. 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-2006-97 and should be submitted on or before 
December 19, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. 06-9426 Filed 11-27-06; 8:45 am]

BILLING CODE 8011-01-M
