Vous êtes sur la page 1sur 4

2436 Federal Register / Vol. 70, No.

9 / Thursday, January 13, 2005 / Notices

proposed rule change is available at the promote just and equitable principles of number should be included on the
Office of the Secretary, CBOE and at the trade, to prevent fraudulent and subject line if e-mail is used. To help the
Commission. manipulative acts and, in general, to Commission process and review your
protect investors and the public interest. comments more efficiently, please use
II. Self-Regulatory Organization’s
only one method. The Commission will
Statement of the Purpose of, and B. Self-Regulatory Organization’s
post all comments on the Commission’s
Statutory Basis for, the Proposed Rule Statement on Burden on Competition
Internet Web site (http://www.sec.gov/
Change CBOE does not believe that the rules/sro.shtml). Copies of the
In its filing with the Commission, the proposed rule change will impose any submission, all subsequent
Exchange included statements burden on competition not necessary or amendments, all written statements
concerning the purpose of and basis for appropriate in furtherance of the with respect to the proposed plan
the proposed rule change and discussed purposes of the Exchange Act. amendment that are filed with the
any comments it received on the Commission, and all written
C. Self-Regulatory Organization’s
proposed rule change. The text of these communications relating to the
Statement on Comments on the
statements may be examined at the proposed plan amendment between the
Proposed Rule Change Received From
places specified in Item IV below. The Commission and any person, other than
Members, Participants or Others
Exchange has prepared summaries, set those that may be withheld from the
forth in sections A, B, and C below, of The Exchange neither solicited nor public in accordance with the
the most significant parts of such received written comments on the provisions of 5 U.S.C. 552, will be
statements. The CBOE has designated proposed rule change. available for inspection and copying in
this proposal as one concerned solely III. Date of Effectiveness of the the Commission’s Public Reference
with the administration of the Exchange Proposed Rule Change and Timing for Section, 450 Fifth Street, NW.,
under Section 19(b)(3)(A)(iii) of the Commission Action Washington, DC 20549. Copies of such
Act 2 and Rule 19b–4(f)(3) thereunder, 3 filing also will be available for
which renders the proposal effective The foregoing proposed rule change
inspection and copying at the principal
upon filing with the Commission. The will take effect upon filing with the
office of the CBOE. All comments
Commission is publishing this notice to Commission pursuant to Section
received will be posted without change;
solicit comments on the proposed rule 19(b)(3)(A)(iii) of the Act 7 and Rule
the Commission does not edit personal
change from interested persons. 19b–4(f)(3) thereunder,8 because it is
identifying information from
concerned solely with the
A. Self-Regulatory Organization’s submissions. You should submit only
administration of the Exchange. At any
Statement of the Purpose of, and information that you wish to make
time within 60 days of the filing of such
Statutory Basis for, the Proposed Rule available publicly. All submissions
proposed rule change, the Commission
Change should refer to File Number SR–CBOE–
may summarily abrogate such rule
2004–90 and should be submitted on or
On December 1, 2004, the change if it appears to the Commission
before February 3, 2005.
Commission approved a CBOE proposal that such action is necessary or
that eliminated the DPM participation appropriate in the public interest, for For the Commission, by the Division of
the protection of investors, or otherwise Market Regulation, pursuant to delegated
entitlement in ‘‘N-second’’ group authority.9
trades.4 The Exchange anticipated in furtherance of the purposes of the
Act. Jill M. Peterson,
implementing this rule change during
December expiration week, however, Assistant Secretary.
IV. Solicitation of Comments [FR Doc. E5–124 Filed 1–12–05; 8:45 am]
unforeseen programming delays
necessitate postponing implementation Interested persons are invited to BILLING CODE 8010–01–P
until January. In this regard, CBOE submit written data, views, and
proposes to delay the operative period arguments concerning the foregoing,
of recently-approved CBOE Rule including whether the proposed rule SECURITIES AND EXCHANGE
6.45A(c)(iii) until no later than January change is consistent with the Act. COMMISSION
31, 2005. Until such time that the Comments may be submitted by any of [Release No. 34–50996; File No. SR-CBOE–
Exchange rectifies these programming the following methods: 2004–77]
issues, DPMs will continue to be Electronic Comments
entitled to receive their guaranteed Self-Regulatory Organizations; Order
participation entitlement. • Use the Commission’s Internet Approving Proposed Rule Change by
CBOE believes the proposed rule comment form (http://www.sec.gov/ the Chicago Board Options Exchange,
change is consistent with the Act and rules/sro.shtml); or Inc., Relating to the Systematizing of
the rules and regulations under the Act • Send an e-mail to rule- Orders in Connection With the
applicable to a national securities comments@sec.gov. Please include File Requirement To Design and Implement
exchange and, in particular, the Number SR–CBOE–2004–90 on the a Consolidated Options Audit Trail
requirements of section 6(b) of the Act.5 subject line. System
Specifically, the Exchange believes the Paper Comments January 7, 2005.
proposed rule change is consistent with • Send paper comments in triplicate
the Section 6(b)(5) 6 requirements that I. Introduction
to Jonathan G. Katz, Secretary,
the rules of an exchange be designed to Securities and Exchange Commission, On November 24, 2004, the Chicago
450 Fifth Street, NW., Washington, DC Board Options Exchange, Inc. (‘‘CBOE’’
2 15 U.S.C. 78s(b)(3)(A)(iii).
20549–0609. or ‘‘Exchange’’) filed with the Securities
3 17 CFR 240.19b–4(f)(3).
4 Exchange Act Release No. 50775 (Dec. 1, 2004),
All submissions should refer to File Exchange Commission (‘‘SEC’’ or
69 FR 70731 (Dec. 7, 2004) (approving SR–CBOE– Number SR–CBOE–2004–90. This file ‘‘Commission’’), pursuant to section
2004–64). 19(b)(1) of the Securities Exchange Act
5 15 U.S.C. 78(f)(b). 7 15 U.S.C. 78s(b)(3)(A)(iii).
6 15 U.S.C. 78(f)(b)(5). 8 17 CFR 240.19b–4(f)(3). 9 17 CFR 200.30–3(a)(12).

VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices 2437

of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 of other exchange rules and the Federal marketable orders differently than other
thereunder,2 a proposed rule change to securities laws. orders so that marketable orders may be
amend its rules relating to the As part of the Order, the Options represented immediately in the
systematization of orders in connection Exchanges agreed to, and were ordered marketplace. Specifically, with respect
with the requirement to design and to comply with, a variety of to non-electronic market and marketable
implement a consolidated options audit undertakings. Among other things, they orders sent to the Exchange, CBOE
trail system (‘‘COATS’’). The proposed agreed to, and were ordered to, design proposes to provide that the member
rule change was published for notice and implement COATS to enable the responsible for systematizing the order
and comment in the Federal Register on Options Exchanges to reconstruct must input into the Exchange’s systems
December 6, 2004.3 The Commission markets promptly, effectively surveil the following specific information with
them and enforce order handling, firm respect to a market or marketable order
received 2 comment letters on the
quote, trading reporting and other rules. prior to the representation of the order:
proposed rule change.4 This order
The Options Exchanges were required to (i) The option symbol; (ii) the expiration
approves the proposed rule change. complete this undertaking in five month; (iii) the expiration year; (iv) the
II. Background phases. The Options Exchanges have strike price; (v) buy or sell; (vi) call or
completed the first four phases. The put; (vii) the number of contracts; and
The proposed rule change is intended final phase of the undertaking to (viii) the Clearing Member. Any
to fulfill certain of the undertakings implement COATS requires that each additional information with respect to
contained in an order issued by the exchange incorporate into its audit trail the order would be inputted into the
Commission relating to the settlement of all non-electronic orders. This proposed Exchange’s systems contemporaneously
an enforcement action against the rule change addresses that aspect of the thereafter, which may occur after the
American Stock Exchange LLC, CBOE, undertaking. representation and execution of the
Pacific Exchange, Inc., and Philadelphia III. Description of Proposed Rule order.
Stock Exchange, Inc. (collectively CBOE also proposes to amend
Change
‘‘Options Exchanges’’) for failure to Interpretation .04 to CBOE Rule 6.73, to
comply with their own rules and to To assure that all non-electronic make explicit that a broker’s
orders are incorporated into COATS for responsibility to immediately and
enforce compliance with their own rules
Phase V, the CBOE proposes to amend continuously represent market and
by their members and persons
CBOE Rule 6.24, which currently marketable orders would be subject to
associated with their members 5 as is requires orders to be in written form.
required by section 19(g) of the Act.6 the requirement that each order must be
The proposed rule change generally systematized prior to representation.
The Order found that the Options would require that each order, change to In proposed new subparagraph (a)(4)
Exchanges impaired the operations of an order, or cancellation of an order of CBOE Rule 6.24, the Exchange
the options market by: (i) Following a transmitted to the Exchange be proposes that in the event of a
course of conduct under which they ‘‘systematized,’’ in a format approved by malfunction or disruption of the
refrained from multiply listing a large the Exchange, either before it is sent to Exchange’s systems such that a member
number of options; and (ii) inadequately the Exchange or contemporaneously is unable to systematize an order, the
discharging their obligations as self- upon receipt on the floor of the member or member organization would
regulatory organizations by failing Exchange, and prior to representation of be required to use paper trade tickets to
adequately to enforce compliance with the order. record order information during the
(a) certain of their rules, including order CBOE proposes that each order, time period that the malfunction or
handling rules, that promote change to an order, or cancellation of an disruption occurs. Upon the cessation of
competition as well as investor order may be systematized in one of two the malfunction or disruption, the
protection, and (b) certain of the rules ways. First, if an order, change to an member would be required to
prohibiting anticompetitive conduct, order, or cancellation of an order is sent immediately resume systematizing
such as harassment, intimidation, electronically to the Exchange, would be orders. In addition, the member would
refusals to deal and retaliation directed considered to be systematized. Second, be required to exert best efforts to input
at market participants who sought to act if an order, change to an order, or electronically into the Exchange’s
competitively. In addition, the cancellation of an order that is sent to systems all relevant order information
Commission found that the Options the Exchange non-electronically is input received during the time period when
Exchanges failed to enforce compliance electronically into the Exchange’s there was a malfunction or disruption of
with their trade reporting rules, which systems contemporaneously upon the Exchange’s systems as soon as
promote transparency of the market and receipt on the Exchange and prior to possible, and in any event would be
facilitate surveillance and enforcement representation, it would be considered required to input such data
to be systematized. The requirement electronically into the Exchange’s
1 15 U.S.C. 78s(b)(1).
would proposed to commence on systems not later than the close of
2 17 CFR 240.19b–4. January 10, 2005. With respect to non- business on the day that the
3 See Securities Exchange Act Release No. 50755 electronic orders received in the S&P malfunction or disruption ceases.
(November 30, 2004), 69 FR 70482. 100 index option class (OEX), the S&P The Exchange proposes to keep the
4 See e-mail from Brian Meister, CBOE Floor
500 index option class (SPX), and the current Interpretation and Policy .02(a)
Broker, O’Connor and Co., LLC, dated December 26, European-style S&P 100 index option of CBOE Rule 6.24, which permits the
2004 and Richard T. Marneris, CBOE Floor Broker,
dated December 21, 2004. class (XEO), however, CBOE proposes use of hand signal communications on
5 See Order Instituting Public Administrative that the requirement to systematize the floor to, among other things, initiate
Proceedings Pursuant to Section 19(h)(1) of the orders prior to representation would an order, cancel an order or to change
Securities Exchange Act of 1934, Making Findings commence on March 28, 2005. material terms of an order. However, the
and Imposing Sanctions, Securities Exchange Act Although the proposed rule change Exchange proposes to clarify that any
Release No. 43268 (September 11, 2000) and
Administrative Proceeding File 3–10282 (the generally requires that each order be initiation, cancellation, or change of an
‘‘Order’’). systematized prior to representation, the order relayed to a floor broker through
6 15 U.S.C. 78s(g). Exchange proposes to treat market and the use of hand signals also must be

VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
2438 Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices

systematized upon receipt in including any cancellation of or change that two commenters expressed concern
accordance with paragraph (a) of CBOE to such order, be systematized in that the requirement to systematize
Rule 6.24. The proposed rule change accordance with CBOE Rule 6.24. certain information prior to
also deletes paragraph (b) of representation would harm investors.10
IV. Summary of Comments
Interpretation .02 as paragraph (a) of The Commission notes, however, that
that interpretation is being amended to The Commission received comment only a limited amount of information
delete the reference to exempt classes. letters from 2 CBOE floor brokers about an order would be required to be
The Exchange proposes to add a new opposing the systematization prior to
systematized prior to representation
Interpretation and Policy .04 to CBOE representation of an order requirement.7
under the proposal. Moreover, the
Rule 6.24, which states that Both commenters were concerned that
Commission believes that the order
accommodation liquidations as defined this requirement might harm customers
by delaying the execution and possibly elements proposed to be captured for
in CBOE Rule 6.54 are exempted from
causing the customer orders to lose the market and marketable orders should be
the systematization requirement.
However, the Exchange commits to market. sufficient to distinguish one order from
maintain quotation, order and another order that a member may
V. Discussion receive at or about the same time to
transaction information for
accommodation liquidations in the After careful consideration, the ensure an accurate audit trail. Therefore,
same format as the COATS data is Commission finds that the proposed the Commission believes that it is
maintained, and will make such rule change is consistent with the Act appropriate and consistent with the
information available to the SEC upon and the rules and regulations goals of investor protection to permit
request. thereunder applicable to a national the capture of only the above-referenced
The Exchange also proposes to add a securities exchange. In particular the order data elements prior to
new Interpretation and Policy .05 to Commission finds that the proposed representation for market and
CBOE Rule 6.24, which states that FLEX rule change is consistent with section marketable orders.
options, as described in Chapter 24A of 6(b)(5) of the Act,8 which requires
among other things, that the Exchange’s The Commission also believes that the
the Exchange’s rules, are exempt from Exchange’s plan for recording order
the requirements of the Rule. However, rules be designed to promote just and
equitable principles of trade, to remove details in the event of a systems outage
the Exchange commits to maintain as
impediments and to perfect the or malfunction is reasonable. In the
part of its audit trail quotation, order
mechanism of a free and open market event of a systems outage or
and transaction information for FLEX
and a national market system, and in malfunction, floor brokers would revert
options in a form and manner that is
substantially similar to the form and general, to protect investors and the to the use of trade tickets and would
manner as the COATS data is public interest.9 record on those tickets the times that
maintained, and will make such The Commission believes that the various events occur in the life of the
information available to the SEC upon rules as proposed should allow the order. Further, the Exchange would
request. Exchange to comply with its obligations ensure that the information recorded on
The Exchange proposes to include a under the Order in that they will result trade tickets is entered into the
new Interpretation .06 to CBOE Rule in the creation of an audit trail that Exchange’s electronic systems in a
6.24, which provides that any incorporates manual orders sent to timely manner so that it can be
proprietary system approved by the CBOE. Specifically, the proposed rules incorporated into the electronic audit
Exchange on the Exchange’s trading will require that each order, change to trail.
floor that receives orders would be an order, or cancellation of an order The Commission notes that the
considered an Exchange system for must be systematized prior to
Exchange has acknowledged the need
purposes of paragraph (a)(1) of this representation.
With respect to market and for effective and proactive surveillance
Rule. This proposed rule would require for activities such as trading ahead and
that any proprietary system approved by marketable orders, the Exchange
proposes to require that floor brokers front-running in connection with the
the Exchange must comply with the creation of its audit trail. The Exchange
requirements of COATS. must enter only eight order data
elements into the Exchange’s systems represents that it currently conducts
Finally, the Exchange has proposed a
prior to representation. These elements automated surveillance for such
new Interpretation .07 to CBOE Rule
6.24, which would require that each are: (i) The option symbol; (ii) the activities and will incorporate a review
order transmitted by a Market-Maker expiration month; (iii) the expiration of order systemization as part of such
while on the floor, including any year; (iv) the strike price; (v) buy or sell; surveillance. The Exchange also states
cancellation of or change to such order, (vi) call or put; (vii) the number of that it intends to implement
must be systematized in accordance contracts; and (viii) the Clearing supplementary surveillance and
with the procedures described in Member. The Exchange represents that examination programs related to the
Paragraph (a) and (b) of this Rule, as limiting the number of elements that systemization of orders requirement
applicable. Currently, paragraph (d) of must be entered prior to representation promptly after this requirement is
CBOE Rule 6.24 requires that each order will permit marketable orders to be instituted, which are designed to
transmitted by a Market-Maker while on represented immediately in the address, among other things, trading
the floor, including any cancellation of marketplace as customers expect and as ahead and front-running. The
or change to such order, must be members representing those orders are Commission views effective
recorded legibly in a written form that obligated to do. The Commission notes surveillance as critical to the integrity of
has been approved by the Exchange, and COATS and expects that the Exchange
must be time stamped immediately 7 See
supra Note 4. will inform the Commission of any
8815 U.S.C. 78f(b)(5).
prior to its transmission. The new problems it encounters in conducting
9 In approving this proposal, the Commission has
proposed interpretation thus would effective surveillance.
considered the proposed rule’s impact on
require that each order transmitted by a efficiency, competition and capital formation. 15
Market-Maker while on the floor, U.S.C. 78c(f). 10 See supra note 4.

VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1
Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices 2439

VI. Conclusion II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s


For all of the aforementioned reasons, Statement of the Purpose of, and Statement on Burden on Competition
the Commission finds that the proposed Statutory Basis for, the Proposed Rule The Exchange does not believe that
rule change is consistent with the Change the proposed rule change will impose
requirements of the Act and the rules In its filing with the Commission, the any burden on competition that is not
and regulations thereunder applicable to ISE included statements concerning the necessary or appropriate in furtherance
a national securities exchange. purpose of, and basis for, the proposed of the purposes of the Act.
It is therefore ordered, pursuant to rule change and discussed any C. Self-Regulatory Organization’s
section 19(b)(2) of the Act,11 that the comments it received on the proposed Statement on Comments on the
proposed rule change (SR–CBOE–2004– rule change. The text of these statements Proposed Rule Change Received From
77) is approved. may be examined at the places specified Members, Participants or Others
For the Commission, by the Division of in item IV below. The ISE has prepared The Exchange has not solicited, and
Market Regulation, pursuant to delegated summaries, set forth in sections A, B
authority.12 does not intend to solicit, comments on
and C below, of the most significant this proposed rule change. The
Jill M. Peterson, aspects of such statements. Exchange has not received any
Assistant Secretary.
A. Self-Regulatory Organization’s unsolicited written comments from
[FR Doc. E5–128 Filed 1–12–05; 8:45 am] members or other interested parties.
Statement of the Purpose of, and
BILLING CODE 8010–01–P
Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the
Change Proposed Rule Change and Timing for
SECURITIES AND EXCHANGE 1. Purpose Commission Action
COMMISSION The foregoing rule change has become
The Exchange is proposing to amend
effective pursuant to section
[Release No. 34–50981; File No. SR–ISE– its Schedule of Fees to adopt a $.10 per
19(b)(3)(A)(ii) of the Act 6 and Rule 19b–
2004–38] contract surcharge for certain
4(f)(2) 7 thereunder because it concerns
transactions in options based on the
a fee imposed by the Exchange. At any
Self-Regulatory Organizations; Morgan Stanley Technology Index
time within 60 days of the filing of the
International Securities Exchange, Inc.; (‘‘MSH’’ or ‘‘Index’’).
proposed rule change, the Commission
Notice of Filing and Immediate The Exchange’s Schedule of Fees may summarily abrogate such rule
Effectiveness of Proposed Rule currently has in place a surcharge fee change if it appears to the Commission
Change Relating to Fee Changes item that calls for a $.10 per contract fee that such action is necessary or
January 6, 2005. for transactions in certain licensed appropriate in the public interest, for
Pursuant to section 19(b)(1) of the products. The Exchange has entered the protection of investors, or otherwise
Securities Exchange Act of 1934 (the into a license agreement in connection in furtherance of the purposes of the
‘‘Act’’),1 and Rule 19b–4 thereunder,2 with the listing and trading of options Act.
notice is hereby given that on December on the Index. The Exchange is adopting
a fee for trading in these options to IV. Solicitation of Comments
22, 2004, the International Securities
Exchange, Inc. (the ‘‘Exchange’’ or the defray the licensing costs. The Exchange Interested persons are invited to
‘‘ISE’’) filed with the Securities and believes that charging the participants submit written data, views, and
Exchange Commission (the that trade these instruments is the most arguments concerning the foregoing,
‘‘Commission’’) the proposed rule equitable means of recovering the costs including whether the proposed rule
change as described in items I, II, and of the license. However, because change is consistent with the Act.
III below, which items have been competitive pressures in the industry Comments may be submitted by any of
prepared by ISE. The Commission is have resulted in the waiver of the following methods:
publishing this notice to solicit transaction fees for customers, the
Electronic Comments
comments on the proposed rule change Exchange proposes to exclude Public
Customer Orders 4 from this surcharge • Use the Commission’s Internet
from interested persons.
fee. Accordingly, this surcharge fee will comment form (http://www.sec.gov/
I. Self-Regulatory Organization’s only be charged to Exchange members rules/sro.shtml); or
Statement of the Terms of Substance of with respect to non-Public Customer • Send an e-mail to rule-
the Proposed Rule Change Orders. comments@sec.gov. Please include File
No. SR–ISE–2004–38 on the subject
The ISE is proposing to amend its 2. Basis line.
Schedule of Fees to adopt a $.10 per
contract surcharge for certain The Exchange believes that the basis Paper Comments
transactions in options based on the under the Act for this proposed rule • Send paper comments in triplicate
Morgan Stanley Technology Index.3 The change is the requirement under section to Jonathan G. Katz, Secretary,
text of the proposed rule change is 6(b)(4) of the Act 5 that an exchange Securities and Exchange Commission,
available at the Commission and the have an equitable allocation of 450 Fifth Street, NW., Washington, DC
ISE. reasonable dues, fees and other charges 20549–0609.
among its members and other persons All submissions should refer to File
11 15 U.S.C. 78s(b)(2). using its facilities. Number SR–ISE–2004–38. This file
12 17 CFR 200.30–3(a)(12). number should be included on the
1 15 U.S.C. 78s(b)(1). 4 Public Customer Order is defined in Exchange
2 17 CFR 240.19b–4.
subject line if e-mail is used. To help the
Rule 100(a)(33) as an order for the account of a
3 See Securities Exchange Act Release No. 49447 Public Customer. Public Customer is defined in Commission process and review your
(Mar. 18, 2004), 69 FR 16299 (Mar. 29, 2004) Exchange Rule 100(a)(32) as a person that is not a
(approving the listing and trading of options on the broker or dealer in securities. 6 15 U.S.C. 78s(b)(3)(A)(ii).
Morgan Stanley Technology Index). 5 15 U.S.C. 78f(b)(4). 7 17 CFR 240.19b–4(f)(2).

VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\13JAN1.SGM 13JAN1

Vous aimerez peut-être aussi