[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41477-41478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19490]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-41641; File No. SR-CBOE-99-31]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto by 
the Chicago Board Options Exchange, Incorporated Relating to the 
Administration of DBOE Rule 8.95(f)

July 22, 1999.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 23, 1999, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change. The Exchange 
submitted Amendment No. 1 to its proposed rule change on July 1, 
1999.\3\ The proposed rule change, as amended, is described in Items I, 
II, and III below, which Items have been prepared by the Exchange. 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\ In Amendment No. 1, the Exchange made two technical 
corrections to its proposed rule language to conform the text of the 
rule language to its current rule and clarified that the Allocation 
Committee or Special Product Assignment Committee, as applicable, 
administers CBOE Rule 8.95(f). See Letter from Arthur B. Reinstein, 
Assistant General Counsel, CBOE, to Terri Evans, Attorney, Division 
of Market Regulation, Commission, dated June 30, 1999 (``Amendment 
No. 1'').
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The Exchange proposes to adopt an Interpretation and Policy 
pertaining to the administration of DBOE Rule 8.95(f). The text of the 
proposed rule change is as follows. New text is italicized.

Allocation of Securities and Location of Trading Crowds and DPMs

    Rule 8.95 No Change.
    * * * Interpretations and Policies:
    .01-.02 No change.
    .03 trading crowd may indicate that it no longer wishes to trade an 
option class opened for trading prior to May 1, 1987, for purposes of 
paragraph (f) of Rule 8.95 by means of a voting procedure as described 
in this Interpretation and Policy. Members of a trading crowd eligible 
to participate in the vote shall include those market-makers and floor 
brokers who have transacted at least 80% of their market-maker 
contracts (in the case of market-makers) or orders (in the case of 
floor brokers) in each of the three immediately preceding calendar 
months in option classes traded in the trading crowd, and who continue 
to be present in the trading crowd in the capacity of a market maker or 
floor broker at the time of the vote. Eligible market-makers and floor 
brokers shall each have one vote, and shall vote together as a single 
class. A trading crowd shall be deemed to have indicated that it no 
longer wishes to trade a designated option class if a majority of the 
trading crowd participates in the vote and if a majority of the total 
votes cast are in favor of the proposition. Any member of a trading 
crowd eligible to vote on whether the crowd wishes to trade an option 
class may request that such a vote be held by submitting a written 
request to that effect to the Secretary of the Exchange. The Exchange 
shall post a notice at the trading station of the time and date of any 
vote to be taken for purposes of Rule 8.95(f) at least 24 hours prior 
to the time of the vote. The Allocation Committee or Special Product 
Assignment Committee, as applicable shall determine all other 
administrative procedures pertaining to the vote.

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 purposes 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 CBOE has prepared summaries, set forth in Sections 
A, B, and C below, of the most significant aspects of such statements.

[[Page 41478]]

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

1. Purpose
    CBOE Rule 8.95(f) permits a trading crowd to indicate that it no 
longer wishes to trade an option class opened for trading prior to May 
1, 1987, in which event the Exchange's Allocation Committee or Special 
Product Assignment Committee, as applicable,\4\ may reallocate the 
class to another trading crowd or to a Designated Primary Market-
Marker. The purpose of proposed Interpretation and Policy 8.95.03 is to 
adopt procedures for the administration of CBOE Rule 8.95(f) that 
specify how a trading crowd may manifest an indication that it no 
longer wishes to trade a class of options for purposes of that rule.
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    \4\ Id.
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    Two procedural aspects of the administration of CBOE Rule 8.95(f) 
are embodied in proposed Interpretation and Policy 8.95.03. The first 
is to define who constitutes a trading crowd for purposes of the rule, 
and the second is to adopt voting procedures to be used for purposes of 
determinations made under the rule. Proposed Interpretation and Policy 
8.95.03 provides that members of a trading crowd for purposes of CBOE 
Rule 8.95(f) are those market-makers and floor brokers who have 
transacted at least 80% of their market-maker contracts (in the case of 
market-makers) or orders (in the case of floor brokers) in each of the 
three immediately preceding calendar months in option classes traded at 
that trading crowd's station, and who continue to be present in the 
trading crowd in the capacity of a market maker or floor broker at the 
time of the vote. These provisions are intended to ensure that 
determinations made under CBOE Rule 8.95(f) will be made by those 
members who are currently engaged as market-makers or floor brokers in 
the trading crowd, and who have concentrated their activity in the 
trading crowd over the last three months.
    The proposed Interpretation and Policy also provides that a crowd 
will be deemed to have indicated that it no longer wishes to trade an 
option class only if (i) the question is put to a vote of the members 
of the trading crowd, (ii) a majority of the members of the trading 
crowd participate in the vote, and (iii) a majority of the votes cast 
are in favor of not wanting to continue to trade the class. At least 24 
hours posted notice to the trading crowd of the time and date of the 
vote is required before a vote may take place. These voting procedures 
are substantially the same as those set forth in CBOE Rule 2.40(d) 
concerning recommendations of a market-maker surcharge under that rule, 
except that a specified quorum requirement and a longer (90-day) 
eligibility period for participation in the vote are provided under 
Interpretation and Policy 8.95.03 in light of the greater significance 
to a trading crowd of a determination not to continue to trade a class 
of options. In other respects, the Allocation Committee or Special 
Product Assignment Committee, as applicable, shall determine 
administrative procedures for conducting the vote.\5\
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    \5\ See Amendment No. 1, supra note 3.
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2. Statutory Basis
    Proposed Interpretation and Policy 8.95.03 is consistent with and 
in furtherance of the objectives of Section 6(b)(5) of the Act\6\ in 
that it is designed to promote just and equitable principles of trade 
and to remove impediments to and perfect the mechanisms of a free and 
open market, because it will provide fair and orderly procedures for 
the administration of CBOE Rule 8.95(f).
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    \6\ 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 not necessary or appropriate in furtherance of 
the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments 
with respect to the proposed rule change.

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

    The foregoing rule change constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule of the Exchange, and therefore, has 
become effective pursuant to Section 19(b)(3)(A)(i) of the Act \7\ and 
paragraph (f)(1) of Rule 19b-4.\8\ 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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    \7\ 15 U.S.C. 78s(b)(3)(A)(i).
    \8\ 17 CFR 240.19b-4(f)(1).
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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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-
0609. 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 in Washington, D.C. Copies of such 
filing will also be available for inspection and copying at the 
principal office of the Exchange. All submissions should refer to File 
No. SR-CBOE-99-31 and should be submitted by August 20, 1999.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12)
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-19490 Filed 7-29-99; 8:45 am]
BILLING CODE 8010-01-M