
[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Notices]               
[Page 62350-62351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-112]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58771; File No. SR-CBOE-2008-101]

 
Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change to Delete Chapter XXX and References to Chapter XXX 
Throughout the CBOE Rulebook

October 10, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 6, 2008, the Chicago Board Options Exchange, 
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and 
Exchange Commission (the ``Commission'') the proposed rule change as 
described in Items I and II below, which Items have been prepared by 
the Exchange. 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\ 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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE proposes to delete Chapter XXX (Trading in Stocks, Warrants 
and Other Securities) from the CBOE Rulebook. In addition, CBOE 
proposes to delete references to Chapter XXX rules throughout the CBOE 
Rulebook. The text of the rule proposal is available on the Exchange's 
Web site (http://www.cboe.org/legal), at the Exchange's Office of the 
Secretary and at the Commission.

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 self-regulatory organization 
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 those 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

1. Purpose
    The purpose of this proposed rule change is to delete Chapter XXX 
(Trading in Stocks, Warrants and Other Securities) from the CBOE 
Rulebook.\5\ In addition, CBOE proposes to delete references to Chapter 
XXX rules throughout the CBOE Rulebook. Chapter XXX governed the 
trading of non-option securities traded on CBOE's stand-alone stock 
platform in an open-outcry environment. All non-option securities that 
previously traded under Chapter XXX now trade pursuant to Chapters L 
through LIV.\6\ Consequently, it is no longer necessary to include 
Chapter XXX in the CBOE Rulebook, and the chapter will be deleted in 
its entirety, along with all references to Chapter XXX rules throughout 
the CBOE Rulebook.\7\
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    \5\ Chapter XXX was adopted in 1990. See Securities Exchange Act 
Release No. 28556 (October 19, 1990), 55 FR 43233 (October 26, 1990) 
(SR-CBOE-90-08).
    \6\ Chapters L through LIV govern the trading of non-option 
securities on the CBOE Stock Exchange (CBSX), a screen-based 
facility of CBOE.
    \7\ The Exchange is also proposing to amend the Introduction 
paragraph to Chapter L, which references Chapter XXX. In addition, 
the Exchange is replacing references to Chapter 55 with Chapter 54 
in the Introduction paragraph for Chapter L and in the Appendix A to 
Chapters 50 to 54, since Chapter 55 was previously deleted. See 
Securities Exchange Act Release No. 55034 (December 29, 2006), 72 FR 
1350 (January 11, 2007) (notice for SR-CBOE-2006-112) (filing, among 
other things, deleted all rules (Chapter LV) regarding the 
Intermarket Trading Systems); see also Securities Exchange Act 
Release No. 55392 (March 2, 2007), 73 FR 10572 (March 8, 2007) 
(approval order for SR-CBOE-2006-112).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements provided under Section 6(b)(5) \8\ of the Act, 
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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    \8\ 15 U.S.C. 78s(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 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 solicited or received with respect to the 
proposed rule change.

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

    Because the foregoing proposed rule change does not: (1) 
Significantly affect the protection of investors or the public 
interest; (2) impose any significant burden on competition; and (3) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate if consistent with 
the protection of investors and the public interest, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\ At any time within

[[Page 62351]]

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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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, when filing a proposed 
rule change pursuant to Rule 19b-4(f)(6) under the Act, an Exchange 
is required to give the Commission 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 filing of the proposed rule change, or such shorter 
time as designated by the Commission. The Exchange provided such 
notice to the Commission.
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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-2008-101 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2008-101. 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, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of the 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-2008-101 and should be 
submitted on or before November 10, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-24738 Filed 10-17-08; 8:45 am]

BILLING CODE 8011-01-P
