[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36801-36802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17628]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60316; File No. SR-CBOE-2009-050]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change to Immediately Add New FAZ and FAS Option Series Within 
Five Days of Expiration

July 16, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on July 15, 2009, the Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``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.
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    \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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE is seeking to immediately list new option series on Direxion 
Daily Financial Bear 3X Shares (``FAZ'') and on Direxion Daily 
Financial Bull 3X Shares (``FAS'') that expire this Friday, July 17, 
2009, notwithstanding Interpretation and Policy .04 to Rule 5.5, Series 
of Option Contracts Open for Trading. The Exchange is not proposing any 
rule text changes. The Exchange is not proposing any rule text 
changes.[sic] Although the proposed rule change would not amend the 
text of Rule 5.5.04, the proposed change would have the effect of 
permitting the Exchange to immediately add new series of FAZ and FAS 
options within five business days prior to expiration on Friday, July 
17, 2009.

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 allow the Exchange 
to immediately list new option series on FAZ and FAS that expire this 
Friday, July 17, 2009, notwithstanding Interpretation and Policy .04 to 
Rule 5.5, Series of Option Contracts Open for Trading. CBOE Rule 5.5.04 
permits the Exchange to list new series of options until the beginning 
of the month in which the option contract will expire. Due to unusual 
market conditions, CBOE, in its discretion, may add new series of 
options until five business days prior to expiration.
    On July 14, 2009, NASDAQ OMX PHLX listed additional series on FAZ 
that expire on July 17, 2009, and on July 15, 2009, NASDAQ OMX PHLX 
listed additional series on FAS that expire on July 17, 2009. 
Specifically, NASDAQ OMX PHLX listed July 2009 options on FAZ with the 
following strikes: 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, and 
NASDAQ OMX PHLX listed July 2009 options on FAS with the following 
strikes: 25, 26, 27 and 28. NASDAQ OMX PHLX does not have restrictions 
pertaining to the timing of adding new series. See NASDAQ OMX PHLX 
Rules 1012, Series of Options Open for Trading, and 1101A, Terms of 
Option Contracts. However, under CBOE's existing rules, the Exchange is 
not permitted to add these same series. As a result, the Exchange has 
submitted this current filing seeking to immediately list the same 
series listed by NASDAQ OMX PHLX on July 14 and 15, 2009. To the extent 
any additional series are added by NASDAQ OMX PHLX between the time 
this filing is submitted and Friday, July 17, 2009, the Exchange 
similarly seeks to immediately list such same series.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act \5\ and the rules and regulations thereunder and, in 
particular, the requirements of Section 6(b) of the Act.\6\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5)\7\ requirements that the rules of 
an exchange be designed to promote just and equitable principles of 
trade, to prevent fraudulent and manipulative acts, to remove 
impediments to and to perfect the mechanism for a free and open market 
and a national market system, and, in general, to protect investors and 
the public interest. The Exchange believes adding the new FAZ and FAS 
series will foster competition and benefit investors.
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    \5\ 15 U.S.C. 78s(b)(1).
    \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

    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.

[[Page 36802]]

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 foregoing proposed rule does not (i) significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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 Commission deems this requirement to have been met.
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    CBOE has requested that the Commission waive the 30-day operative 
delay period. The Commission has determined that waiving the 30-day 
operative delay of the CBOE's proposal is consistent with the 
protection of investors and in the public interest in that it will 
allow CBOE to immediately add options series that another options 
exchange currently lists and trades, which should promote 
competition.\10\ Therefore, the Commission designates the proposal 
operative upon filing.
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    \10\ For the 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).
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    At any time within 60 days of the filing of such 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

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an e-mail to <a href="/cdn-cgi/l/email-protection#d8aaadb4bdf5bbb7b5b5bdb6acab98abbdbbf6bfb7ae"><span class="__cf_email__" data-cfemail="1a686f767f37797577777f746e695a697f79347d756c">[email protected]</span></a>. Please include 
File Number SR-CBOE-2009-050 on the subject line.

Paper Comments

    <bullet> 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-2009-050. 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-2009-050 and should be 
submitted on or before August 14, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-17628 Filed 7-23-09; 8:45 am]
BILLING CODE 8010-01-P


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