[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47096-47097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16582]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56276; File No. SR-CBOE-2007-98]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of Proposed Rule Change Regarding 
Expansion of the Penny Pilot Program

August 17, 2007.
    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 August 14, 2007 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 substantially 
prepared by the CBOE. 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

    CBOE proposes to amend its rules relating to an expansion of the 
Penny Pilot Program. The text of the proposed rule change is available 
on the Exchange's Web site at (http://www.cboe.com), at the offices of 
the Exchange, and at the Commission's Public Reference Room.

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 aspects of such 
statements.

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

1. Purpose
    CBOE proposes to amend its rules in connection with an expansion of 
the industry-wide Penny Pilot Program, which commenced on January 26, 
2007.\3\ CBOE believes expanding the Penny Pilot Program as proposed in 
this rule filing will allow further analysis over a longer period of 
time as to the impact of quoting and trading in these reduced 
increments on market participants, transparency, liquidity, market 
structure, and quote traffic. Currently, thirteen option classes 
participate in the Penny Pilot Program.\4\ CBOE intends to expand the 
Penny Pilot Program in two phases. Phase I of the expansion would begin 
on September 28, 2007, last for six months, and add the following 
twenty-two option classes to the Penny Pilot Program.\5\
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    \3\ See Securities Exchange Act Release No. 55154 (January 23, 
2007), 72 FR 4743 (February 1, 2007) (SR-CBOE-2006-92).
    \4\ CBOE recently extended the Penny Pilot Program in the 
thirteen classes until September 27, 2007. See Securities Exchange 
Act Release No. 56139 (July 26, 2007), 72 FR 42159 (August 1, 2007) 
(SR-CBOE-2007-86).
    \5\ CBOE also intends to issue a Regulatory Circular, which will 
be published on its Web site, identifying these twenty-two option 
classes.

SPDR S&P 500 (SPY/SPY)
NYSE Euronext (NYX/NYX)
Apple Inc. (AAPL/AAQ)
Cisco Systems (CSCO/CYQ)
Altria Group, Inc. (MO/MO)
Financial Select Sector SPDR (XLF/XLF)
Dendreon Corp. (DNDN/UKO)
AT&T, Inc. (T/T)
Amgen Inc. (AMGN/AMQ)
Citigroup, Inc. (C/C)
Yahoo! Inc. (YHOO/YHQ)
Amazon.com Inc. (AMZN/ZQN)
Qualcomm Inc. (QCOM/QAQ)
Motorola Inc. (MOT/MOT)
General Motors (GM/GM)
Research in Motion Ltd. (RIMM/RUL)
Energy Select Sector SPDR (XLE/XLE)
Freeport-McMoRan Copper & Gold, Inc. (FCX/DPJ)
Diamonds Trust (DIA/DIA)
ConocoPhillips (COP/COP)
Oil Services HLDRS (OIH/OIH)
Bristol-Myers Squibb Co. (BMY/BMY)

    These twenty-two option classes are among the most actively traded 
multiply-listed option classes based on national average daily volume, 
and together with the existing thirteen Pilot classes, represent 
approximately 35% of the total industry volume.
    Phase II of the expansion would begin on March 28, 2008 and last 
for one year until March 27, 2009. It is currently anticipated that an 
additional twenty-eight option classes would be added to the Penny 
Pilot Program on March 28, 2008, bringing the total number of classes 
in the Pilot Program to 63. These twenty-eight new classes would be 
among the most active, multiply-listed option classes. CBOE intends to 
submit a proposed rule change pursuant to Section (b)(3)(A) of the 
Exchange Act announcing the names of these twenty-eight option classes 
prior to the beginning of Phase II.
    The minimum increments for all classes in the Penny Pilot, except 
for the QQQQs, would continue to be $0.01 for all option series below 
$3 (including LEAPS), and $0.05 for all option series $3 and above 
(including LEAPS). For QQQQs, the minimum increment would remain $0.01 
for all option series. In connection with the expansion of the Penny 
Pilot Program, CBOE proposes to amend Rule 6.42(3) to specify in the 
rule text the minimum increments for the Pilot classes.
    Additionally, because SPDR options (SPY) and options on Diamonds 
(DIA) will participate in the Penny Pilot Program beginning on 
September 28, 2007, CBOE proposes to quote and trade two index option 
classes--Mini-SPX Index Options (XSP) and options on the Dow Jones 
Industrial Average (DJX), respectively, in the same minimum increments 
as SPY options and DIA options (i.e., $0.01 for all option series below 
$3, and $0.05 for all option series $3 and above). SPY options are 
options on the SPDR exchange-traded fund (ETF) which is designed to 
track the performance of the S&P 500[reg] Index. XSP options are 
options based on the S&P 500 [supreg] Index. DIA options are options on 
an ETF that is designed to track the performance of the Dow Jones 
Industrial Average. DJX options are options based on the Dow Jones 
Industrial Average. CBOE believes it is important that these products, 
DIA and DJX, and SPY and XSP, have the same minimum increments for 
consistency and competitive reasons. Proposed new Interpretation .03 to 
Rule 6.42 addresses the minimum increments for the XSP and DJX option 
classes when SPY and DIA, respectively, participate in the Penny Pilot 
Program.
    CBOE intends to submit to the SEC reports analyzing the Penny Pilot 
Program for the following time periods:
     May 1, 2007-September 27, 2007
     September 28, 2007-January 31, 2008
     February 1, 2008-July 31, 2008
     August 1, 2008-January 31, 2009

[[Page 47097]]

    CBOE anticipates that its reports will assess the impact of the 
changes to the minimum increments during the specific time period being 
analyzed, including, among other things, effects on (i) Market 
participants and customers; (ii) market performance and quality, such 
as quoted spreads, effective spreads, and the displayed size in the 
Pilot classes; and (iii) OPRA, vendor and exchange capacity. CBOE's 
reports should be submitted within one month following the end of the 
period being analyzed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\7\ in particular, in that the 
proposed rule change is designed to promote just and equitable 
principles of trade, serve 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 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 
result in any burden on competition that is 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

    Written comments on the proposed rule change were neither solicited 
nor received.

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 finding or (ii) as to 
which the Exchange 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. The Commission also requests and 
encourages interested persons to submit comments on the following 
specific questions:
     Whether there are circumstances under which options 
classes included in the Penny Pilot should be removed from the Pilot?
     If so, what factors should be considered in making the 
determination to remove an option class from the Penny Pilot?
    [cir] Should an objective standard be used? For instance, should an 
option class come out of the Penny Pilot if its trading volume drops 
below a threshold amount? If so, what should that threshold be? Or, 
should an option class come out of the Penny Pilot if it is no longer 
among the most actively-traded options? If so, what should be 
considered the most-actively traded options? What statistics or 
analysis should be used to support a determination to remove an options 
class?
    [cir] Should a more subjective analysis be allowed? If so, what 
factors should be taken into account?
     What concerns might arise by removing an option from the 
Penny Pilot? How could such concerns be ameliorated?
     How frequently should the analysis be undertaken (e.g., 
annually, bi-annually, quarterly), or should the evaluation be an 
automated process?
     If a determination is made that an option should be 
removed from the Penny Pilot, how much notice should be given to market 
participants that the quoting increment will change?
    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-2007-98 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-2007-98. 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 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-2007-98 and should be 
submitted on or before September 12, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16582 Filed 8-21-07; 8:45 am]
BILLING CODE 8010-01-P