Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46825 

19 17 CFR 200.30–3(a)(12). 

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). 

5This series was inadvertently listed within $0.50 

of an existing strike and was therefore delisted. See 

Rule 5.5.01(a)(2). 

6The parenthetical text is being proposed to 

eliminate ambiguity about the Exchange’s ability to 

list a restricted series pursuant to proposed Rule 

5.4.12(b) in the event other Exchange Rules would 

otherwise prohibit the listing of that series. 

7See Rule 5.4. 

8 15 U.S.C. 78f(b)(5). 

Number SR–NYSEArca–2009–79 and 

should be submitted on or before 

September 28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21908 Filed 9–10–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60625; File No. SR–CBOE– 

2009–066] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Permit CBOE To List 

Series That Are Restricted to Closing 

Transactions if Such Series Are Listed 

and Restricted To Closing 

Transactions on Another Exchange 

September 4, 2009. 

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 

September 3, 2009, 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 prepared 

by the Exchange. The Exchange filed the 

proposal as a ‘‘non-controversial’’ 

proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 3 and 

Rule 19b–4(f)(6) thereunder.4 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to amend 

Interpretation and Policy .12 to Rule 5.4 

to permit the Exchange to list series that 

are restricted to closing transactions if 

such series are listed and restricted to 

closing transactions on another 

exchange. The text of the rule proposal 

is available on the Exchange’s Web site 

(http://www.cboe.org/legal), at the 

Exchange’s Office of the Secretary 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 

self-regulatory organization 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to amend Interpretation and 

Policy .12 to Rule 5.4 to permit the 

Exchange to list series that are restricted 

to closing transactions if such series are 

listed and restricted to closing 

transactions on another exchange. 

The impetus for this filing is a 

customer request for the Exchange to list 

a series that was previously delisted by 

the Exchange so that the customer may 

close an existing position in the delisted 

series. Specifically, on August 27, 2009, 

CBOE delisted the January 2010 7 El 

Paso, Corp. (EPY) strike.5 Currently, that 

series is listed on one other exchange 

and is restricted to closing transactions 

only. On September 1, 2009, the 

Exchange received a customer request to 

re-list the January 2010 7 EPY strike 

because the customer wants to close out 

their position on CBOE, and not on the 

other exchange that currently lists the 

restricted January 2010 7 EPY strike. 

The Exchange wants to accommodate 

the customer and is therefore proposing 

to amend Interpretation and Policy .12 

to Rule 5.4. 

Specifically, the Exchange proposes to 

add new subparagraph (b) to 

Interpretation and Policy .12 to Rule 5.4. 

to provide that if an option series is 

listed but restricted to closing 

transactions on another national 

securities exchange, the Exchange may 

list such series (even if such series 

would not otherwise be eligible for 

listing under the Exchange’s Rules), 

which shall also be restricted to closing 

transactions on the Exchange.6 Similar 

to series that no longer meet the 

Exchange’s criteria for continued listing, 

(i) opening transactions by market 

makers executed to accommodate 

closing transactions of other market 

participants, and (ii) opening 

transactions by CBOE member 

organizations to facilitate the closing 

transactions of public customers 

executed as crosses pursuant to and in 

accordance with CBOE Rule 6.74(b) or 

(d) will be permitted in any restricted 

series listed pursuant to Rule 5.4.12(b).7

No restrictions will be in place with 

respect to the exercise of any restricted 

series. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements provided under 

Section 6(b)(5) of the Act,8 that the rules 

of an exchange be designed to promote 

just and equitable principles of trade, to 

prevent fraudulent and manipulative 

acts and, in general, to protect investors 

and the public interest. Permitting the 

Exchange to accommodate a customer 

request will encourage competition and 

not harm investors or the public 

interest. 

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 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 

Because the proposed rule change 

does not: (i) Significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative prior to 30 days from the date 

on which it was filed, or such shorter 

time as the Commission may designate, 

if consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
46826 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission 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 satisfied this requirement. 

11For 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). 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

of the Act 9 and Rule 19b–4(f)(6) 

thereunder.10

The Exchange has requested the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because such waiver will allow the 

Exchange immediately to provide 

investors with an additional venue to 

close their existing open positions. The 

Commission notes further that the 

Exchange would be permitted to list the 

restricted series solely for the purpose of 

closing transactions as long as the 

restricted series is listed on another 

national securities exchange. For this 

reason, the Commission designates the 

proposal operative upon filing.11

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such 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 rulecomments@sec.gov. Please include File 

Number SR–CBOE–2009–066 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–CBOE–2009–066. 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 

Number SR–CBOE–2009–066 and 

should be submitted on or before 

October 2, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21909 Filed 9–10–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60622; File No. SR– 

NYSEAmex–2009–59] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing of 

Proposed Rule Change Amending 

NYSE Amex Options Rule 915 

September 3, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on August 

19, 2009, NYSE Amex LLC (‘‘NYSE 

Amex’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to revise 

NYSE Amex Rule 915 to amend the 

definition of Futures-Linked Securities 

for the trading of options on IndexLinked Securities. The text of the 

proposed rule change is attached as 

Exhibit 5 to the 19b–4 form. A copy of 

this filing is available on the Exchange’s 

Web site at www.nyse.com, at the 

Exchange’s principal office 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 

self-regulatory organization 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NYSE Amex Rule 915, Commentary 

.11 designates the listing and trading of 

options on equity index-linked 

securities (‘‘Equity Index-Linked 

Securities’’), commodity-linked 

securities (‘‘Commodity-Linked 

Securities’’), currency-linked securities 

(‘‘Currency-Linked Securities’’), fixed 

income index-linked securities (‘‘Fixed 

Income Index-Linked Securities’’), 

futures-linked securities (‘‘FuturesLinked Securities’’) and multifactor 

index-linked securities (‘‘Multifactor 

Index-Linked Securities’’), collectively 

known as ‘‘Index-Linked Securities’’ (as 

defined in NYSE Amex Company Guide 

Section 107(H)) that are principally 

traded on a national securities exchange 

and an ‘‘NMS Stock’’ (as defined in Rule 

600 of Regulation NMS under the 


cprice-sewell on DSKGBLS3C1PROD with NOTICES