[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 38010-38012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14922]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58018; File No. SR-CBOE-2008-62]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Extend the Quarterly Options Series Pilot Program Until 
July 10, 2009

June 25, 2008.
    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 12, 2008, the Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been substantially prepared by 
the Exchange. The Exchange has designated this proposal as non-
controversial under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change 
effective upon filing with the

[[Page 38011]]

Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE proposes to extend for one year an existing pilot program 
(``Pilot'') under which the Exchange lists Quarterly Options Series, 
which are options series that expire at the close of business on the 
last business day of a calendar quarter. The text of the proposed rule 
change is available on the Exchange's Web site (http://www.cboe.org/legal), at the principal office 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
    On July 10, 2006, the Exchange filed with the Commission SR-CBOE-
2006-65, which was effective on filing.\5\ That proposed rule change 
allowed the Exchange to establish a pilot program in which the Exchange 
lists Quarterly Options Series. The Exchange subsequently extended the 
duration of the Pilot for one year, so that it would expire on July 10, 
2008.\6\ On March 3, 2008, the Commission approved a proposed rule 
change amending the Pilot to permit the listing of additional series 
and to implement a delisting policy for outlying series with no open 
interest.\7\ The Exchange hereby proposes to extend the Pilot, as 
amended, for an additional year, so that it will expire on July 10, 
2009. This proposal does not request any other changes to the Pilot.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54123 (July 11, 
2006), 71 FR 40558, (July 17, 2006) (SR-CBOE-2006-65).
    \6\ See Securities Exchange Act Release No. 56035 (July 10, 
2007), 72 FR 38851, (July 16, 2007) (SR-CBOE-2007-70).
    \7\ See Securities Exchange Act Release No. 57410 (March 3, 
2008), 73 FR 12483 (March 7, 2008) (SR-CBOE-2007-96).
---------------------------------------------------------------------------

    In SR-CBOE-2006-65, the Exchange stated that it would submit, in 
connection with any proposed extension of the Pilot, a Pilot Program 
Report (``Report'') that would provide an analysis of the Pilot 
covering the entire period during which the Pilot was in effect. The 
Exchange further stated that the Report would include, at a minimum: 
(1) Data and written analysis on the open interest and trading volume 
in the classes for which Quarterly Options Series were opened; (2) an 
assessment of the appropriateness of the option classes selected for 
the Pilot; (3) an assessment of the impact of the Pilot on the capacity 
of CBOE, OPRA, and on market data vendors (to the extent data from 
market data vendors is available); (4) any capacity problems or other 
problems that arose during the operation of the Pilot and how CBOE 
addressed such problems; (5) any complaints that CBOE received during 
the operation of the Pilot and how CBOE addressed them; and (6) any 
additional information that would assist in assessing the operation of 
the Pilot. In connection with SR-CBOE-2007-96, the Commission further 
requested that the Report include analysis of: (1) The impact of the 
additional series on the Exchange's market and quote capacity, and (2) 
the implementation and effects of the delisting policy, including the 
number of series eligible for delisting during the period covered by 
the report, the number of series actually delisted during that period 
(pursuant to the delisting policy or otherwise), and documentation of 
any customer requests to maintain Quarterly Options Series strikes that 
were otherwise eligible for delisting. The Exchange has submitted, 
under separate cover, a Report and supplement (``Supplement'') in 
connection with the present proposed rule change, which Report seeks 
confidential treatment under the Freedom of Information Act.
    The Exchange represents that the Report and Supplement clearly 
support CBOE's belief that extension of the Pilot Program is proper.\8\ 
Among other things, the Exchange represents that the Report and the 
Supplement show the strength and efficacy of the Pilot Program on the 
Exchange as reflected by the strong volume of Quarterly Options traded 
on the Exchange since the Pilot's inception in July 2006. The Exchange 
also represents that the Report and the Supplement establish that the 
Pilot Program has not created, and in the future should not create, 
capacity problems for the Exchange's or OPRA's systems. Moreover, the 
Exchange believes that the proposed extension of the Pilot Program will 
not have an adverse impact on capacity.
---------------------------------------------------------------------------

    \8\ See electronic mail sent June 24, 2008 from Jennifer Yeadon, 
Exchange, to Heidi Pilpel, Attorney, Division of Trading and 
Markets, Commission.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that short-term options series increase the 
variety of listed options available to investors and provide investors 
with a valuable tool to manage risk exposure, minimize capital outlays, 
and be more responsive to the timing of events affecting the securities 
underlying options contracts. For these reasons, the Exchange believes 
the proposed rule change is consistent with Section 6(b) of the Act.\9\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\10\ which requires that the 
rules of an exchange be designed to promote just and equitable 
principles of trade, serve to remove impediments to and perfect the 
mechanism for a free and open market and a national market system, and, 
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78(f)(b).
    \10\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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 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

    The Exchange has designated the proposed rule change as one that: 
(1) Does not significantly affect the protection of investors or the 
public interest; (2) does not impose any significant burden on 
competition; and (3) does not become operative for 30 days from the 
date of filing, or such shorter time as the Commission may designate if 
consistent with the protection of investors and the public interest. 
Therefore, the foregoing rule change has become effective pursuant to

[[Page 38012]]

Section 19(b)(3)(A) of the Act \11\ and subparagraph (f)(6) of Rule 
19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide the Commission 
with 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 has fulfilled this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the operative delay 
to permit the proposed rule change to become operative prior to the 
30th day after filing. The Commission has determined that waiving the 
30-day operative delay of the Exchange's proposal is consistent with 
the protection of investors and the public interest and will promote 
competition because such waiver will allow CBOE to continue the 
existing Pilot without interruption.\13\ Therefore, the Commission 
designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate the 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.

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 No. SR-CBOE-2008-62 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-2008-62. 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 Exchange. 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 No. SR-CBOE-2008-62 and should be 
submitted on or before July 23, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-14922 Filed 7-1-08; 8:45 am]
BILLING CODE 8010-01-P