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Federal Register / Vol. 70, No.

234 / Wednesday, December 7, 2005 / Notices 72867

Dated: December 2, 2005 any comments it received on the in general, to protect investors and the
Jonathan G. Katz, proposed rule change. The text of these public interest.
Secretary. statements may be examined at the
B. Self-Regulatory Organization’s
[FR Doc. 05–23783 Filed 12–5–05; 10:51 pm] places specified in Item IV below. The Statement on Burden on Competition
BILLING CODE 8010–01–P Exchange has prepared summaries, set
forth in sections A, B, and C below, of The Exchange does not believe that
the most significant aspects of such the proposed rule change will impose
SECURITIES AND EXCHANGE statements. any burden on competition that is not
COMMISSION necessary or appropriate in furtherance
A. Self-Regulatory Organization’s of the purposes of the Act.
[Release No. 34–52860; File No. SR–CBOE– Statement of the Purpose of, and
2005–100] Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s
Change Statement on Comments on the
Self-Regulatory Organizations; Proposed Rule Change Received From
Chicago Board Options Exchange, 1. Purpose Members, Participants or Others
Incorporated; Notice of Filing and No written comments were solicited
Immediate Effectiveness of Proposed On November 18, 2005, the
Commission approved CBOE’s proposal or received with respect to the proposed
Rule Change Relating to Obligations of rule change.
Designated Primary Market Makers to remove a DPM’s obligation to execute
During the Implementation of the PAR orders as an agent, including as a floor III. Date of Effectiveness of the
Official Program broker, in its allocated securities on the Proposed Rule Change and Timing for
Exchange in any trading station and to Commission Action
November 30, 2005. allow the Exchange to appoint an
Pursuant to section 19(b)(1) of the The foregoing proposed rule change
Exchange employee or independent has become effective pursuant to section
Securities Exchange Act of 1934 contractor (‘‘PAR Official’’) to assume
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 19(b)(3)(A) of the Act 10 and Rule 19b–
many of the functions and obligations 4(f)(6) thereunder 11 because the
notice is hereby given that on November that DPMs previously held (‘‘PAR
22, 2005, the Chicago Board Options proposed rule change does not (i)
Official proposal’’).6 A specific significantly affect the protection of
Exchange, Incorporated (‘‘Exchange’’ or provision of rules approved in
‘‘CBOE’’) filed with the Securities and investors or the public interest; (ii)
connection with the PAR Official impose any significant burden on
Exchange Commission (‘‘Commission’’) proposal gives the Exchange up to
the proposed rule change as described competition; or (iii) become operative
ninety days to implement the PAR for 30 days from the date on which it
in Items I and II below, which Items
Official proposal.7 Because this ninety- was filed, or such shorter time as the
have been prepared by the Exchange.
day implementation provision could Commission may designate. In addition,
CBOE has designated this proposal as
mean that some DPMs will continue to the Exchange provided the Commission
non-controversial under section
be required to represent orders as agents with written notice of its intent to file
19(b)(3)(A)(iii) of the Act 3 and Rule
in their allocated securities, those DPMs the proposed rule change, along with a
19b–4(f)(6) thereunder,4 which renders
the proposed rule change effective upon must still be subject to the same brief description and text of the
filing with the Commission. The obligations that governed DPM proposed rule change, at least five
Commission is publishing this notice to operations prior to the approval of the business days prior to the date of the
solicit comments on the proposed rule PAR Official proposal. As such, the filing of the proposed rule change as
change from interested persons. Exchange has incorporated those required by Rule 19b–4(f)(6).12
obligations into a regulatory circular Pursuant to Rule 19b–4(f)(6)(iii) under
I. Self-Regulatory Organization’s that will govern the operations of those the Act,13 the proposal does not become
Statement of the Terms of Substance of DPMs that were not immediately operative until 30 days after the date of
the Proposed Rule Change included in the PAR Official conversion its filing, or such shorter time as the
The Exchange proposes to issue a as of November 18, 2005. These rules Commission may designate if consistent
regulatory circular that will subject and obligations, as provided in the with the protection of investors and the
certain Designated Primary Market regulatory circular attached hereto as public interest. The Exchange has
Makers (‘‘DPMs’’) to obligations that Exhibit A, were adopted directly from requested that the Commission waive
were removed upon the approval of the the now-former DPM rules. the 30-day operative delay so that the
Exchange’s PAR Official proposal.5 The proposed rule change becomes effective
2. Statutory Basis immediately. The Commission believes
text of the proposed regulatory circular
is attached hereto as Exhibit A. The Exchange believes that the that waiving the 30-day operative delay
proposed rule change is consistent with is consistent with the protection of
II. Self-Regulatory Organization’s investors and the public interest. The
Statement of the Purpose of, and section 6(b) 8 of the Act in general, and
furthers the objectives of section Commission notes that granting this
Statutory Basis for, the Proposed Rule waiver will ensure that DPMs not
Change 6(b)(5) 9 in particular, in that it is
designed to promote just and equitable immediately subject to the new rules
In its filing with the Commission, the principles of trade, to prevent approved recently in connection with
Exchange included statements the PAR Official proposal will continue
fraudulent and manipulative acts, and,
concerning the purpose of, and basis for, to be subject to appropriate regulation.
the proposed rule change and discussed 6 See Securities Exchange Act Release No. 52798
Therefore, the Commission has
(November 18, 2005), 70 FR 71344 (November 28, determined to waive the 30-day delay
1 15 U.S.C. 78s(b)(1). 2005).
2 17 CFR 240.19b–4. 7 See Interpretation and Policy .01 to CBOE Rule 10 15 U.S.C. 78s(b)(3)(A).
3 15 U.S.C. 78s(b)(3)(A)(iii). 7.12. 11 17 CFR 240.19b–4(f)(6).
4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b). 12 Id.
5 See infra note 6 and accompanying text. 9 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(6)(iii).

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72868 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices

and to allow the proposed rule change without change; the Commission does program. Therefore, until a PAR Official
to become operative immediately.14 not edit personal identifying is put in place in a particular DPM
At any time within 60 days of the information from submissions. You trading crowd during this 90-day
filing of the proposed rule change, the should submit only information that transition period, the DPM in that
Commission may summarily abrogate you wish to make available publicly. All trading crowd will continue to be
such rule change if it appears to the submissions should refer to File responsible to operate the PAR
Commission that such action is Number SR–CBOE–2005–100 and workstation and will continue to be
necessary or appropriate in the public should be submitted on or before subject to the same agency obligations
interest, for the protection of investors, December 28, 2005. as set forth under former Rule 8.85(b)
or otherwise in furtherance of the For the Commission, by the Division of and to other obligations applicable to
purposes of the Act.15 Market Regulation, pursuant to delegated DPMs under current and former
authority.16 Exchange rules. These rules and
IV. Solicitation of Comments
Jonathan G. Katz, regulations are provided below:
Interested persons are invited to * * * * *
Secretary.
submit written data, views, and
arguments concerning the foregoing, Exhibit A—Chicago Board Options DPM Obligations
including whether the proposed rule Exchange, Incorporated Regulatory (a) General Obligations. Each DPM
change is consistent with the Act. Circular RG05–xx shall fulfill all of the obligations of a
Comments may be submitted by any of Date: November 18, 2005. Floor Broker or Order Book Official (to
the following methods: To: Members and Member Firms. the extent that the DPM acts as a Floor
Electronic Comments From: Legal Division; Regulatory Broker) under the Rules, and shall
Division; Trading Operations Division satisfy each of the requirements
• Use the Commission’s Internet contained in this paragraph, in respect
Re: DPM Obligations Until the
comment form (http://www.sec.gov/ of each of the securities allocated to the
Implementation of the PAR Official
rules/sro.shtml); or DPM. To the extent that there is any
• Send an e-mail to rule- Program
On November 18, 2005, the Securities inconsistency between the specific
comments@sec.gov. Please include File obligations of a DPM set forth in
No. SR–CBOE–2005–100 on the subject and Exchange Commission (‘‘SEC’’)
approved a CBOE rule change, SR– subparagraphs (b) through (i) of this
line. Rule and the general obligations of a
CBOE–2005–46 (‘‘rule change’’ or ‘‘PAR
Paper Comments Official rule change’’), that, among other Floor Broker or of an Order Book
things, (1) prohibits a DPM from Official under the Rules, subparagraphs
• Send paper comments in triplicate
executing orders as an agent or Floor (b) through (i) of this Rule shall govern.
to Jonathan G. Katz, Secretary, (b) Display Obligation. Each DPM
Securities and Exchange Commission, Broker in its allocated option classes
and (2) eliminates the authority of a shall display immediately the full price
100 F Street, NE., Washington, DC and size of any customer limit order that
20549–9303. DPM to act in any other way as a Floor
Broker in those classes.17 Rule 8.8 and improves the price or increases the size
All submissions should refer to File of the best disseminated CBOE quote.
Number SR–CBOE–2005–100. This file Rule 8.85(b) now prevent a DPM from
representing or executing orders for ‘‘Immediately’’ means, under normal
number should be included on the market conditions, as soon as
subject line if e-mail is used. To help the other persons in the DPM’s assigned practicable but no later than 30-seconds
Commission process and review your option classes. Once the rule change
goes into effect in a particular options after receipt (‘‘30-second standard’’) by
comments more efficiently, please use the DPM. The term ‘‘customer limit
only one method. The Commission will class, the DPM assigned to that option order’’ means an order to buy or sell a
post all comments on the Commissions class will lose the ability to take custody
listed option at a specified price that is
Internet Web site (http://www.sec.gov/ of or handle orders for other persons in
not for the account of either a broker or
rules/sro.shtml). Copies of the that option class, including through
dealer; provided, however, that the term
submission, all subsequent operation of the PAR terminal. The rule
customer limit order shall include an
amendments, all written statements change authorizes the Exchange to
order transmitted by a broker or dealer
with respect to the proposed rule assign to an Exchange employee or
on behalf of a customer. The following
change that are filed with the subcontractor known as a PAR Official,
are exempt from the Display Obligation
Commission, and all written the responsibility, among other things,
as set forth under this provision:
communications relating to the to operate the PAR workstation for (A) An order executed upon receipt;
proposed rule change between the designated option classes, to maintain (B) An order where the customer who
Commission and any person, other than the book in those classes, to represent placed it requests that it not be
those that may be withheld from the orders to be sent via Intermarket Option displayed, and upon receipt of the
public in accordance with the Linkage in those classes, and to effect order, the DPM announces in public
provisions of 5 U.S.C. 552, will be executions of agency orders placed with outcry the information concerning the
available for inspection and copying in the PAR Official in those classes. order that would be displayed if the
the Commission’s Public Reference The rule change allows the Exchange order were subject to being displayed;
Room. Copies of such filing also will be to put PAR Officials in place in DPM (C) An order for which immediately
available for inspection and copying at trading crowds during a 90-day period upon receipt a related order for the
the principal office of the CBOE. All after the SEC approves the rule change. principal account of a DPM reflecting
comments received will be posted This provision is intended to insure a the terms of the customer order is
smooth roll-out of the PAR Official routed to another options exchange that
14 For purposes only of waiving the operative
is a participant in the Intermarket
delay of this proposal, the Commission notes that 16 17CFR 200.30–3(a)(12).
it has considered the proposed rule’s impact on 17 Please
Options Linkage Plan;
refer to the rule change and the SEC
efficiency, competition, and capital formation. 15 order approving the rule change, which both can be
(D) The following orders as defined in
U.S.C. 78c(f). found on the Exchange’s Web site at http:// Rule 6.53: contingency orders; One-
15 15 U.S.C. 78s(b)(3)(C). www.cboe.org/Legal/filings.aspx. cancels-the-other orders; all or none

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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices 72869

orders; fill or kill orders; immediate or approval no later than three minutes respect to non-DPM members of the
cancel orders; complex orders (e.g., after deactivation. trading crowd as responsible brokers or
spreads, straddles, combinations); and (i) The Exchange may make personnel dealers.
stock-option orders; available to assist a DPM in the DPM’s * * * * *
(E) Orders received before or during a performance of the obligations of an
trading rotation (as defined in Rule 6.2, Order Book Official, for which the Linkage Rules
6.2A, and 6.2B), including Opening Exchange may charge the DPM a Only with respect to any DPM
Rotation Orders as defined in Rule reasonable fee. continuing to represent and execute
6.53(l), are exempt from the 30-second * * * * * orders as agent pursuant to this
standard, however, they must be Regulatory Circular, Rule 6.80
displayed immediately upon conclusion RAES Operations
(‘‘Definitions’’) paragraph (12)(i) shall
of the applicable rotation; and DPMs will still be responsible for read as follows:
(F) Large Sized Orders: Orders for non-automated handling of orders ‘‘Principal Acting as Agent (‘P/A’)
more than 100 contracts, unless the routed to the PAR workstation pursuant Order,’’ which is an order for the
customer placing such order requests to Rule 6.8(d)(vi) and Interpretation and principal account of a Market-Maker (or
that the order be displayed. Policy .02(b) of Rule 6.8. equivalent entity on another Participant
(c) A DPM shall not remove from the
* * * * * Exchange that is authorized to represent
public order book any order placed in
Priority of Bids and Offers and Priority Customer orders) reflecting the terms of
the book unless (A) the order is
of Allocation of Trades a related unexecuted Customer order for
canceled, expires, or is executed or (B)
which the Market-Maker is acting as
the DPM returns the order to the DPMs shall be required to comply agent.
member that placed the order with the with those provisions of Rule 6.45,
DPM in response to a request from that * * * * *
6.45A, and 6.45B, that are now assigned
member to return the order; to PAR Officials. DPM Designees
(d) A DPM shall accord priority to any
customer order which the DPM * * * * * The DPM must continue to maintain
represents as agent over the DPM’s Timing of Firm Quote Obligations in a the requisite number of approved DPM
principal transactions, unless the DPM Trading Crowd With Respect to Designees, as defined under Rule 8.81.
customer who placed the order has Firm Disseminated Market Quotes Additionally, these DPM Designees
consented to not being accorded such must continue to be registered as a Floor
In Non-Hybrid classes, for purposes of Broker pursuant to Rule 6.71. A DPM
priority;
(e) A DPM shall not charge any determining when the firm quote Designee also shall continue to be
brokerage commission with respect to: obligations under Rule 8.51 attach in restricted from trading as a Floor Broker
(1) The execution of any portion of an respect of orders received at a PAR in securities allocated to the DPM
order for which the DPM has acted as workstation in a DPM trading crowd unless acting on behalf of the DPM in
both agent and principal, unless the and how the exemptions to that its capacity as a DPM.
customer who placed the order has obligation provided in paragraph (e) of Finally, when acting on behalf of a
consented to paying a brokerage that Rule apply, the responsible broker DPM in its capacity as a DPM, the DPM
commission to the DPM with respect to or dealer shall be deemed to receive an Designee is exempt from the provisions
the DPM’s execution of the order while order, and an order shall be deemed to of Rule 8.8 (‘‘Restriction on Acting as
acting as both agent and principal; or be presented to the responsible broker Market-Maker and Floor Broker’’). (See
(2) Any portion of an order for which or dealer, at the time the order is former Rule 8.81(e)).
the DPM was not the executing floor received on the DPM’s PAR workstation.
In Hybrid classes, for purposes of * * * * *
broker, including any portion of the
order that is automatically executed determining when the firm quote Rule 17.50. Imposition of Fines for
through an Exchange system; or obligations under Rule 8.51 attach with Minor Rule Violations
(3) Any portion of an order that is respect to orders received at a PAR
workstation in a DPM trading crowd DPMs shall be subject to a fine for
automatically cancelled, or; failure to promptly book and display
(4) Any portion of an order that is not and how the exemptions to that
obligation provided in paragraph (e) of limit orders that would improve the
executed and not cancelled.
(f) A DPM shall act as a Floor Broker that rule apply, the responsible broker disseminated quote or for failure to use
to the extent required by the MTS or dealer shall be deemed to receive an due diligence in the execution of orders
Committee. order, and an order shall be deemed for which the DPM maintains an agency
(g) A DPM shall not represent presented to the responsible broker or obligation.
discretionary orders as a Floor Broker or dealer: * * * * *
otherwise. (i) At the time the order is announced Summary
(h) Autobook Pilot. A DPM shall to the trading crowd with respect to
maintain and keep active on the DPM’s each responsible broker or dealer that is After the rule change has been
PAR workstation at all times the not the DPM for the class; and approved and until the end of the 90-
automated limit order display facility (ii) At the time the order is received day trading period, neither a DPM
(‘‘Autobook’’) provided by the on PAR with respect to the DPM as the assigned to a trading crowd nor the
Exchange. The appropriate Exchange responsible broker or dealer. Exchange shall be subject to the
Floor Procedure Committee will As such, firm quote obligations for an provisions of the rule change with
determine the Autobook timer in all order received on a PAR workstation respect to the operation of that trading
classes under that Committee’s may attach at two separate times for crowd until a PAR Official has been
jurisdiction. A DPM may deactivate different responsible broker or dealers: assigned to that trading crowd.
Autobook as to a class or classes at the time of receipt with respect to the Questions pertaining to this
provided that Floor Official approval is DPM as a responsible broker or dealer Regulatory Circular should be directed
obtained. The DPM must obtain such and at the time of announcement with to Jim Flynn at (312) 786–7070; Doug

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72870 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices

Beck at (312) 786–7959; or John Expedited Resolution 002bn, Intended authorizing Continental to provide
Johnston at (312) 786–7303. effective date: 1 January 2006. scheduled foreign air transportation of
[FR Doc. E5–6986 Filed 12–6–05; 8:45 am]
persons, property and mail between
Renee V. Wright,
New York/Newark, NJ, and Cali and
BILLING CODE 8010–01–P Program Manager, Docket Operations, Medellin, Colombia and to integrate this
Federal Register Liaison.
authority with other authority held by
[FR Doc. E5–6988 Filed 12–6–05; 8:45 am] Continental.
BILLING CODE 4910–62–P
DEPARTMENT OF TRANSPORTATION Renee V. Wright,
Program Manager, Docket Operations,
Office of the Secretary Federal Register Liaison.
DEPARTMENT OF TRANSPORTATION
Aviation Proceedings, Agreements [FR Doc. E5–6989 Filed 12–6–05; 8:45 am]
Office of the Secretary BILLING CODE 4910–62–P
Filed the Week Ending November 18,
2005 Notice of Applications for Certificates
The following Agreements were filed of Public Convenience and Necessity DEPARTMENT OF TRANSPORTATION
with the Department of Transportation and Foreign Air Carrier Permits Filed
under the Sections 412 and 414 of the Under Subpart B (Formerly Subpart Q) Federal Highway Administration
Federal Aviation Act, as amended (49 During the Week Ending November 18,
2005 Environmental Impact Statement:
U.S.C. 1382 and 1384) and procedures
Sullivan County, TN
governing proceedings to enforce these The following Applications for
provisions. Answers may be filed within Certificates of Public Convenience and AGENCY: Federal Highway
21 days after the filing of the Necessity and Foreign Air Carrier Administration (FHWA), DOT.
application. Permits were filed under subpart B ACTION: Notice of intent
Docket Number: OST–2005–23066. (formerly subpart Q) of the Department
Date Filed: November 15, 2005. SUMMARY: The FHWA is issuing this
of Transportation’s Procedural
Parties: Members of the International notice to advise the public that an
Regulations (See 14 CFR 301.201 et.
Air Transport Association. environmental impact statement will be
seq.). The due date for Answers, prepared for the proposed extension of
Subject: TC31 North and Central Conforming Applications, or Motions to
Pacific, Bangkok, 24 October–1 SR–357 in Sullivan County, Tennessee.
Modify Scope are set forth below for
November 2005, TC3-Central, South FOR FURTHER INFORMATION CONTACT: Mr.
each application. Following the Answer
America Resolution 002bq, Intended Walter Boyd, P.E., Field Operations
period DOT may process the application
effective date: 15 December 2005. Team Leader, Federal Highway
by expedited procedures. Such
Docket Number: OST–2005–23067. Administration, Tennessee Division,
procedures may consist of the adoption
Date Filed: November 15, 2005. 640 Grassmere Park Road, Suite 112,
of a show-cause order, a tentative order,
Parties: Members of the International Nashville, Tennessee 37211, Telephone:
or in appropriate cases a final order
Air Transport Association. (615) 781–5774.
without further proceedings.
Subject: TC31 North and Central SUPPLEMENTARY INFORMATION: The
Docket Number: OST–2005–22882.
Pacific, Bangkok, 24 October–1 FHWA, in cooperation with the
Date Filed: November 14, 2005.
November 2005, Korea (Rep. Of), Tennessee Department of
Due Date for Answers, Conforming
Malaysia—USA, Expedited Resolution Transportation, will prepare an
Applications, or Motion to Modify
002na, Intended effective date: 15 environmental impact statement (EIS)
Scope: December 5, 2005.
December 2005. on a proposal to provide an extension to
Description: Amendment No. 1 of
Docket Number: OST–2005–23068. SR–357 in Sullivan County, Tennessee.
Gazpromavia Aviation Company Ltd.
Date Filed: November 15, 2005. The proposed project would involve the
amending its application for a foreign
Parties: Members of the International extension of SR–357 from existing SR–
air carrier permit to extend its requested
Air Transport Association. 357 west of the Tri-Cities Airport to the
authority to permit it to engage in
Subject: TC3 (except Japan)-North U.S. 11E/19W–U.S. 19E intersection
passenger, combination and all-cargo
America, Caribbean), (except between near Bluff City, Tennessee.
charter service between the Russian The proposed project is considered
Korea (Rep. of), Malaysia-USA), Federation and the United States. necessary to provide for the existing and
Expedited Resolution 002bi, Intended Docket Number: OST–2005–23086. projected traffic demand on the
effective date: 15 December 2005. Date Filed: November 17, 2005. surrounding transportation network.
Docket Number: OST–2005–23069. Due Date for Answers, Conforming The proposed project is anticipated to
Date Filed: November 15, 2005. Applications, or Motion to Modify provide a multi-lane facility with the
Parties: Members of the International Scope: December 8, 2005. number of lanes and access control to be
Air Transport Association. Description: Application of Aguadilla determined depending on forecasted
Subject: TC31 North and Central Airline Services, Inc. requesting traffic volumes. The EIS will discuss
Pacific, Bangkok, 21 September–1 authority to conduct scheduled environmental, social, and economic
November 2005, TC3-Central, South passenger operations as a commuter air impacts associated with the
America Expedited Resolution, carrier. development of the proposed action.
Intended effective date: 1 January 2006. Docket Number: OST–2001–8910. Letters describing the proposed action
Docket Number: OST–2005–23070. Date Filed: November 17, 2005. and soliciting comments will be sent to
Date Filed: November 15, 2005. Due Date for Answers, Conforming appropriate Federal, State, and local
Parties: Members of the International Applications, or Motion to Modify agencies, and to private organizations
Air Transport Association. Scope: December 8, 2005. and citizens who have previously
Subject: TC3 (except Japan)-North Description: Application of expressed or are known to have interest
America, Caribbean), (except between Continental Airlines, Inc. requesting in this proposal. Public meetings will be
Korea (Rep. of), Malaysia-USA), renewal of its Route 805 certificate held in the vicinity of the project

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