Académique Documents
Professionnel Documents
Culture Documents
the proposed action will not 4. Title 10 Code of Federal Amendment No. 2 to the proposed rule
significantly impact the quality of the Regulations, Part 51, ‘‘Environmental change. The proposed rule change, as
human environment, the NRC staff Protection Regulations for Domestic
concludes that the proposed action is Licensing and Related Regulatory 1 15 U.S.C. 78s(b)(1).
the preferred alternative. Functions;’’ 2 17 CFR 240.19b–4.
VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1
Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices 67613
amended, was published for comment (‘‘OTC’’) transactions based on the price Fund’s expenses.8 Similarly, the
in the Federal Register on November 2, of crude oil, heating oil, gasoline, investment objective of the 12 Month
2007 for a 15-day comment period.3 natural gas, other petroleum-based fuels, Natural Gas Fund is for the changes in
This order approves the proposed rule Futures Contracts, and indices based on percentage terms of the Units’ NAV to
change, as modified by Amendment the foregoing (collectively, ‘‘Other reflect the changes in percentage terms
Nos. 1 and 2 on an accelerated basis. Crude Oil-Related Investments’’). of the price of natural gas delivered at
Futures Contracts and Other Crude Oil- the Henry Hub, Louisiana, as measured
II. Description of Proposal
Related Investments collectively are by the changes in the average of the
The Exchange proposes to list and referred to as ‘‘Crude Oil Interests.’’ prices of 12 futures contracts on natural
trade units (each a ‘‘Unit’’ and, Similarly, the 12 Month Natural Gas gas traded on NYMEX (the ‘‘Natural Gas
collectively, the ‘‘Units’’) of each of the Fund may also invest in other natural Benchmark Futures Contracts’’), less the
United States 12 Month Oil Fund, LP gas-related investments such as cash- 12 Month Natural Gas Fund’s
(‘‘12 Month Oil Fund’’) and the United settled options on Futures Contracts, expenses.9 With respect to both funds,
States 12 Month Natural Gas Fund, LP forward contracts for natural gas, and when calculating the daily movement of
(‘‘12 Month Natural Gas Fund’’) (each a OTC transactions based on the price of the average price of the relevant twelve
‘‘Partnership’’ and, collectively, the futures contracts, each contract month
natural gas, crude oil and other
‘‘Partnerships’’) pursuant to Amex Rules will be equally weighted.
petroleum-based fuels, Futures
1500–AEMI and 1501 through 1505.4 The General Partner for the Funds
Contracts and indices based on the
The Exchange has represented that the will employ a ‘‘neutral’’ investment
foregoing (collectively, ‘‘Other Natural
Units will conform to the initial and strategy intended to track the changes in
continued listing criteria under Rule Gas-Related Investments’’). Futures
the price of crude oil and natural gas,
1502,5 specialist prohibitions under Contracts and Other Natural Gas-Related
respectively, regardless of whether the
Rule 1503 and the obligations of Investments collectively are referred to
price of those commodities goes up or
specialists under Rule 1504. as ‘‘Natural Gas Interests.’’
goes down. The ‘‘neutral’’ investment
Ownership of a Partnership Unit Each of the 12 Month Oil Fund and strategy is designed to permit investors
represents a fractional undivided unit of the 12 Month Natural Gas Fund will to purchase and sell the Funds’ Units
a beneficial interest in the net assets of invest in Crude Oil Interests and Natural for the purpose of investing indirectly in
that Partnership.6 Each of the net assets Gas Interests, respectively, to the fullest crude oil and natural gas in a cost-
of the 12 Month Oil Fund and the 12 extent possible without being leveraged effective manner and/or to permit
Month Natural Gas Fund will consist or unable to satisfy its current or market participants to hedge the risk of
primarily of investments in futures potential margin or collateral losses in crude oil or natural gas
contracts for crude oil, heating oil, obligations. In pursuing this objective, investments.
gasoline, natural gas, and other the primary focus of each Partnership’s
petroleum-based fuels that are traded on III. Commission Findings and
investment manager, Victoria Bay Asset
the New York Mercantile Exchange Accelerated Approval
Management, LLC (‘‘General Partner’’),
(‘‘NYMEX’’), Intercontinental Exchange will be the investment in Futures After careful review, the Commission
(‘‘ICE Futures’’) or other U.S. and Contracts and the management of its finds that the proposed rule change is
foreign exchanges (collectively, investments in short-term obligations of consistent with the requirements of the
‘‘Futures Contracts’’). In the case of the the United States of two years or less Act and the rules and regulations
12 Month Oil Fund, the predominant (‘‘Treasuries’’) and cash and cash
investments are expected to be based equivalents (collectively, ‘‘Cash’’) for
8 The Oil Benchmark Futures Contracts consist of
on, or related to, crude oil. Similarly, for the near month contract to expire and the contracts
margining purposes and as collateral. for the following eleven months, for a total of
the 12 Month Natural Gas Fund, the twelve consecutive months’ contracts, except when
predominant investments are expected Each Fund seeks to track price
the near month contract is within two weeks of
to be based on, or related to, natural gas. changes in percentage terms of an expiration, in which case it will be measured by the
The 12 Month Oil Fund may also underlying commodity as measured by futures contracts that are the next month contract
a benchmark defined to be the average to expire and the contracts for the eleven
invest in other crude oil-related consecutive months following that contract. The
investments such as cash-settled options price of specified futures contracts.7 The average price is determined by summing up the 12
on Futures Contracts, forward contracts investment objective of the 12 Month individual monthly prices and dividing them by 12,
for crude oil, and over-the-counter Oil Fund is for the changes in and then comparing that result to the prior day’s
percentage terms of the Units’ net asset average price determined in the same fashion. The
composition of the Oil Benchmark Futures
3 See Securities Exchange Act Release No. 56719 value (‘‘NAV’’) to reflect the changes in Contracts will be changed or ‘‘rolled’’ over a one
(October 29, 2007), 72 FR 62277 (‘‘Notice’’). percentage terms of the price of light, day period by selling the near month contract and
4 Amex Rule 1500–AEMI provides for the listing
sweet crude oil delivered to Cushing, buying the contract, which at that time is the
of Partnership Units, which are defined as thirteen month contract.
securities, that are: (a) issued by a partnership that Oklahoma, as measured by the changes 9 The Natural Gas Benchmark Futures Contracts
invests in any combination of futures contracts, in the average of the prices of twelve consist of the near month contract to expire and the
options on futures contracts, forward contracts, crude oil futures contracts traded on contracts for the following eleven months, for a
commodities, and/or securities; and (b) that are NYMEX (the ‘‘Oil Benchmark Futures total of twelve consecutive months’ contracts,
issued and redeemed daily in specified aggregate except when the near month contract is within two
amounts at net asset value. See Exchange Act Contracts’’), less the 12 Month Oil
weeks of expiration, in which case it will be
Release No. 53582 (March 31, 2006), 71 FR 17510 measured by the futures contracts that are the next
(April 6, 2006) (SR–Amex–2005–127) (approving 7 A detailed discussion of the underlying month contract to expire and the contracts for the
Amex Rules 1500–AEMI and 1501 through 1505 in benchmark for each Fund, dissemination of the eleven consecutive months following that contract.
conjunction with the listing and trading of Units of values thereof, investment objective of the Funds, The average price is determined by summing up the
the United States Oil Fund, LP). portfolio investment methodology, investment 12 individual monthly prices and dividing them by
rmajette on PROD1PC64 with NOTICES
VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1
67614 Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices
thereunder applicable to a national Interests and characteristics of such Specifically, the surveillance
securities exchange.10 In particular, the Crude Oil or Natural Gas Interests, procedures will be similar to those used
Commission finds that the proposed Treasuries, and amount of Cash held in for units of the United States Oil Fund,
rule change is consistent with section the portfolio of the Funds. In addition, LP and the United States Natural Gas
6(b)(5) of the Act,11 which requires that Amex represented that quotations and Fund, LP as well as other commodity-
an exchange have rules designed, among last-sale information regarding the based trusts, trust issued receipts, and
other things, to prevent fraudulent and Futures Contracts are widely exchange-traded funds. In addition, the
manipulative acts and practices, to disseminated through a variety of surveillance procedures will incorporate
promote just and equitable principles of market data vendors worldwide, and rely upon existing Amex
trade, to foster cooperation and including Bloomberg and Reuters. In surveillance procedures governing
coordination with persons engaged in addition, the Exchange further options and equities. The Exchange
facilitating transactions in securities, represented that real-time futures data is currently has in place a comprehensive
and to remove impediments to and available by subscription from Reuters surveillance sharing agreement with
perfect the mechanism of a free and and Bloomberg. each of NYMEX and ICE Futures for the
open market and a national market Furthermore, the Commission purpose of providing information in
system, and, in general to protect believes that the proposal to list and connection with trading in, or related to,
investors and the public interest; and is trade the Units is reasonably designed to futures contracts traded on NYMEX and
not designed to permit unfair promote fair disclosure of information ICE Futures, respectively. To the extent
discrimination between customers, that may be necessary to price the Units that a Partnership invests in Crude Oil
issuers, brokers, or dealers, or to appropriately and to prevent trading Interests or Natural Gas Interests traded
regulate by virtue of any authority when a reasonable degree of on other exchanges, the Amex will enter
conferred by the Act matters not related transparency cannot be assured. The into comprehensive surveillance sharing
to the purpose of the Act or the Commission also believes that the agreements with those particular
administration of the Exchange. The Exchange’s trading halt rules are exchanges. The Exchange has
Commission notes that it previously reasonably designed to prevent trading represented that each of the
approved the original listing and trading in the Units when transparency is Partnerships will only invest in futures
of certain partnership units similar to impaired. Trading in the Units will be contracts on markets where the
the Units.12 halted in the event the market volatility Exchange has entered into the
The Commission further believes that trading halt parameters set forth in appropriate comprehensive surveillance
the proposal is consistent with section Amex Rule 117 have been reached. In sharing agreements.
11A(a)(1)(C)(iii) of the Act,13 which sets addition, Amex Rule 1502(b)(ii)–(iii) (3) Prior to the commencement of
forth Congress’ finding that it is in the provides that, if the IPV or the trading, the Exchange will inform its
public interest and appropriate for the underlying benchmark futures contract members and member organizations in
protection of investors and the of a Fund is not being disseminated as an Information Circular. The
maintenance of fair and orderly markets required, the Exchange may halt trading
Information Circular will discuss the
to assure the availability to brokers, during the day in which the
special characteristics, and risks, of
dealers, and investors of information interruption to the dissemination
trading in the Units. Specifically, the
with respect to quotations for and occurs. If the interruption to the
Information Circular, among other
transactions in securities. The Amex dissemination of the IIV or the
things, will discuss what the Units are,
will disseminate for each Partnership underlying benchmark futures contract
how a basket of Units is created and
every 15 seconds throughout Amex’s persists past the trading day in which it
redeemed, the requirement that
trading day by means of the occurred, the Exchange will halt trading
members and member firms deliver a
Consolidated Tape Association/ no later than the beginning of the
prospectus to investors purchasing the
Consolidated Quote High Speed Lines trading day following the interruption.
The Commission further believes that Units prior to, or concurrently with, the
information with respect to the confirmation of a transaction, applicable
indicative partnership value (‘‘IPV’’). the trading rules and procedures to
which the Units will be subject Amex rules, dissemination of
The Exchange will also make available information regarding the per-Unit IPV,
on its Web site daily trading volume, the pursuant to this proposal are consistent
with the Act. The Exchange has trading information, and applicable
closing prices, and the NAV. Web site suitability rules. The Information
disclosure of portfolio holdings for both represented that the Units will be traded
on the Exchange similar to other equity Circular will also reference the fact that
Funds will be made daily and will there is no regulated source of last sale
include, as applicable, the specific securities.
In support of this proposal, the information regarding physical
types, the name and value of each Crude commodities, and describe the
Oil or Natural Gas Interest, the specific Exchange has made the following
representations: regulatory framework relating to the
types of Crude Oil or Natural Gas trading of crude oil, natural gas, heating
(1) The Exchange will obtain a
representation from each Partnership, oil, gasoline, or other petroleum-based
10 In approving this proposed rule change, the
Commission notes that it has considered the prior to listing, that the NAV per Unit fuels and crude oil- and natural gas-
proposed rule’s impact on efficiency, competition, for each Fund will be calculated daily based futures contracts and related
and capital formation. See 15 U.S.C. 78c(f). and made available to all market options. The Information Circular will
11 15 U.S.C. 78f(b)(5).
participants at the same time. In also discuss any relief, if granted, by the
12 See Securities Exchange Act Release Nos.
addition, the Exchange represents that Commission or the staff from any rules
53582 (March 31, 2006), 71 FR 17510 (April 6,
2006) (SR–Amex–2005–127) (approving Amex disclosure of the portfolio composition under the Act.
for each Fund will be made to all market (4) The Trust is required to comply
rmajette on PROD1PC64 with NOTICES
VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1
Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices 67615
This approval order is based on the notice is hereby given that on November and reasonable to reduce the continuous
Exchange’s representations. 9, 2007, the Chicago Board Options electronic quoting obligation of DPMs in
Exchange, Incorporated (‘‘CBOE’’ or multiply-listed option classes from
Acceleration
‘‘Exchange’’) filed with the Securities 100% of the series to 90% of the series.
The Commission finds good cause, and Exchange Commission The participation entitlement for DPMs
pursuant to Section 19(b)(2) of the (‘‘Commission’’) a proposed rule change has been reduced over the past several
Act,15 for approving the proposed rule as described in Items I, II, and III below, years, and presently the participation
change, as amended, prior to the which Items have been prepared entitlement is allocated between DPMs
thirtieth day after the date of substantially by CBOE. The Commission and e-DPMs under Rule 8.87.
publication of notice in the Federal is publishing this notice to solicit Specifically, if the DPM and one or
Register. The Commission notes that the comments on the proposed rule change more e-DPMs are quoting at the best
present proposal is similar to prior from interested persons. bid/offer on CBOE, one-half of the
proposals that the Commission has entitlement is allocated to the DPM, and
I. Self-Regulatory Organization’s
approved,16 is consistent with current the other half is divided equally among
Statement of the Terms of Substance of
Amex listing requirements, and received the e-DPMs quoting at the best bid/offer
the Proposed Rule Change
no comments following publication in on CBOE. In addition, in 2005 CBOE
the Federal Register. The Commission The Exchange proposes to amend implemented a Preferred Market-Maker
does not believe that the proposed rule CBOE Rule 8.85 relating to the Program which provides that in
change, as amended, raises novel continuous quoting obligations of instances where a Preferred Market-
regulatory issues. Consequently, the Designated Primary Market-Makers Maker receives a participation
Commission believes that it is (‘‘DPMs’’). The text of the proposed rule entitlement, then the DPM and e-DPM
appropriate to permit investors to change is available at CBOE, the participation entitlement shall not apply
benefit from these additional investment Commission’s Public Reference Room, to any order.5
choices without delay. and http://www.cboe.com/legal. CBOE believes that reducing the
Accordingly, the Commission finds II. Self-Regulatory Organization’s continuous electronic quoting
that there is good cause, consistent with Statement of the Purpose of, and obligations of DPMs in multiply-listed
section 6(b)(5) of the Act,17 to approve Statutory Basis for, the Proposed Rule option classes may also mitigate
the proposal, as amended, on an Change quotations. In the event that an order is
accelerated basis. received in a series of a multiply-listed
In its filing with the Commission,
V. Conclusion CBOE included statements concerning option class in which CBOE is not
the purpose of, and basis for, the disseminating a quotation, CBOE would
It is therefore ordered, pursuant to process the order in accordance with the
section 19(b)(2) of the Act,18 that the proposed rule change and discussed any
comments it received on the proposed provisions of Rule 6.14—the Hybrid
proposed rule change (SR–Amex–2007– Agency Liaison. As a result, CBOE does
98), as amended, be, and is hereby rule change. The text of these statements
may be examined at the places specified not believe there would be any negative
approved on an accelerated basis. effect on the handling of orders.
in Item IV below. CBOE has prepared
For the Commission, by the Division of summaries, set forth in Sections A, B, 2. Statutory Basis
Trading and Markets, pursuant to delegated and C below, of the most significant
authority.19 The Exchange believes that its
aspects of such statements.
Nancy M. Morris, proposal is consistent with Section 6(b)
Secretary. A. Self-Regulatory Organization’s of the Act,6 in general, and furthers the
[FR Doc. E7–23169 Filed 11–28–07; 8:45 am] Statement of the Purpose of, and objectives of Section 6(b)(5) of the Act,7
Statutory Basis for, the Proposed Rule in particular, in that it is designed to
BILLING CODE 8011–01–P
Change promote just and equitable principles of
1. Purpose trade, serve to remove impediments to
SECURITIES AND EXCHANGE and perfect the mechanism of a free and
CBOE proposes to modify the open market and a national market
COMMISSION
continuous electronic quoting obligation system, and protect investors and the
[Release No. 34–56824; File No. CBOE– of DPMs in multiply-listed option public interest.
2007–134] classes, and make them consistent with
the continuous quoting obligation of e- B. Self-Regulatory Organization’s
Self-Regulatory Organizations; DPMs 3 and Lead Market-Makers Statement on Burden on Competition
Chicago Board Options Exchange, (‘‘LMMs’’) in Hybrid option classes.4 CBOE does not believe that the
Incorporated; Notice of Filing of CBOE is not proposing to change the proposed rule change will impose any
Proposed Rule Change Relating to the continuous electronic quoting obligation burden on competition not necessary or
Continuous Quoting Obligations of of DPMs in classes listed solely on appropriate in furtherance of the
DPMs CBOE. purposes of the Act.
November 20, 2007.
Currently, DPMs are required to
provide continuous electronic C. Self-Regulatory Organization’s
Pursuant to Section 19(b)(1) of the Statement on Comments on the
quotations in 100% of the series of each
Securities Exchange Act of 1934 Proposed Rule Change Received From
option class allocated to the DPM. E–
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 Members, Participants, or Others
DPMs and LMMs, on the other hand, are
15 15 U.S.C. 78s(b)(2).
required to provide continuous No written comments were either
electronic quotes in 90% of the series of
rmajette on PROD1PC64 with NOTICES
VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1