[Federal Register: May 10, 1999 (Volume 64, Number 89)] [Notices] [Page 25091-25092] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10my99-141] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-41357; File No. SR-CBOE-99-06] Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by the Chicago Board Options Exchange, Inc. Relating to Options on the Dow Jones High Yield Select 10 Index and RAES Order Size April 30, 1999. 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 February 10, 1999, the Chicago Board Options Exchange, Inc. (``CBOE'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Chicago Board Options Exchange, Incorporated (``CBOE'' or ``Exchange'') proposes to increase the maximum size of orders on the Dow Jones High Yield Select 10 Index (``index''), from 20 to 100 contracts, eligible for entry into CBOE's Retail Automated Execution System (``RAES''). 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 CBOE included statements concerning the propose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of the proposed rule change is to add an interpretation of Rule 6.8 to allow the appropriate Floor Procedure Committee (``FPC'') to increase the maximum size of option orders on the Dow Jones High Yield Select 10 Index (``Index''), from 20 to 100 contracts, eligible for execution through RAES. The Exchange expects this change to enhance the depth and liquidity of the market for options on the Index. In adopting the new RAES rule applicable to options on the Index, the appropriate FPC will have the discretion to set the eligible order size for RAES orders up to one hundred (100) contracts. The Exchange believes that expanding the eligible contract limit size for RAES will provide the benefits of more timely and cost-effective executions of customer orders to a greater number of orders than would be the case if no change were made; enhance information gathering through the audit trail; enhance fill reporting and price reporting; increase customer confidence; and reduce transactions that have to be executed manually on the trading floor thereby increasing the efficiency in the handling of non-RAES orders. CBOE believes that this proposed rule change will not impose any significant burdens on the operation, security, integrity, or capacity of RAES, but will increase the efficiency of Exchange operations.\3\ --------------------------------------------------------------------------- \3\ The SEC has approved increasing interest rate option orders up to 100 contracts on RAES, Release No. 34-38002 (December 5, 1996), 61 FR 65422 (December 12, 1996). --------------------------------------------------------------------------- By expanding the maximum size of option orders on the Dow Jones High Yield Select 10 Index eligible for entry through RAES from 20 up to 100 contracts, the proposed rule will better serve the needs of the CBOE's public customers and Exchange members who make a market for such customers and is consistent with and furthers the objectives of Section 6(b)(5) of the Exchange Act in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and to protect investors and 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. 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 Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) by order approve such proposed rule change. or (B) institute proceeding the determine whether the proposed rule change should be disapproved. 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. [[Page 25092]] Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 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. Copies of such filing will also be available for inspection and copying at the principal office of the CBOE. All submissions should refer to File No. SR-CBOE-99-06 and should be submitted by June 1, 1999. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\4\ --------------------------------------------------------------------------- \4\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 99-11597 Filed 5-7-99; 8:45 am] BILLING CODE 8010-01-M