[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2200-2201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-72]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-50964; File No. SR-CBOE-2004-82]


Self-Regulatory Organizations; Notice of Filing of a Proposed 
Rule Change by the Chicago Board Options Exchange, Incorporated 
Relating to Exchange Rule 17.10(d)--Review of Decision Not To Initiate 
Charges

January 5, 2005.
    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 December 8, 2004 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, 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 17.10(d)--Review of 
Decision Not to Initiate Charges by transferring the authority to 
review the Exchange's Business Conduct Committee's (``BCC'') decision 
to decline to authorize the issuance of a Statement of Charges from the 
President of the Exchange to the Regulatory Oversight Committee 
(``ROC'') and by changing the time to assess such a review from 30 days 
to 45 days. The text of the proposed rule change is available at the 
Office of the Secretary, CBOE 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 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 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 aspects of such 
statements.

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

1. Purpose
    Exchange Rule 17.10(d) provides a ``check and balance'' process to 
ensure that in situations where the BCC declines to authorize the 
issuance of a Statement of Charges that is recommended by the Exchange 
staff, the President of the Exchange has an opportunity to review the 
BCC's decision and refer the matter to the Board of Directors.
    The Exchange is seeking two specific modifications to this rule. 
First, the Exchange seeks to shift the review authority from the 
President of the Exchange to the Exchange's ROC. Given the ROC's 
oversight of regulation, the Exchange believes that it is appropriate 
to shift the reviewing authority from the President to the ROC. 
Additionally, the Exchange believes that this amendment will reduce the 
appearance of any conflict of interest. As a result, the Exchange 
believes that this transfer of reviewing authority from the President 
to the ROC further enhances the independence of CBOE's regulatory 
structure.
    Second, the Exchange seeks to amend and clarify the time frame of 
review from 30 to 45 days, commencing from the date the Exchange serves 
the subject of the alleged violation with notice of a decision by the 
Business Conduct Committee pursuant to Exchange Rule 17.4(a) not to 
initiate the charges that have been recommended by Exchange staff. The 
Exchange believes that in transferring this review authority to the 
ROC, additional time may be needed to accommodate the busy schedules of 
the members of the ROC and to provide the members of the ROC with 
greater scheduling flexibility.
    The Exchange believes that by transferring the reviewing authority 
from the President to the ROC and by

[[Page 2201]]

amending and clarifying the time to assess such a review, CBOE will 
further enhance the independence of its regulatory structure.
2. Statutory Basis
    CBOE believes the proposed rule change is consistent with Section 
6(b) of the Act \3\ in general, and furthers the objectives of section 
6(b)(5) of the Act \4\ in particular, by promoting just and equitable 
principles of trade, and protecting investors and the public interest. 
The proposed rule change will promote just and equitable principles of 
trade and protect investors and the public interest by further 
enhancing the independence of the Exchange's disciplinary and 
regulatory process.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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 neither solicited nor received written comments on the 
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so findings or (ii) as to 
which the self-regulatory organization consents, the Commission will 
(a) by order approve such proposed rule change or (b) institute 
proceedings to determine whether the proposed rule change should be 
disapproved.

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 [email protected]. Please include 
File Number SR-CBOE-2004-82 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number SR-CBOE-2004-82. 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 Section, 450 Fifth 
Street, NW., Washington, DC 20549. Copies of such filing also will be 
available for inspection and copying at the principal office of 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-2004-82 
and should be submitted on or before February 2, 2005. 

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E5-72 Filed 1-11-05; 8:45 am]
BILLING CODE 8010-01-P