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19774 Federal Register / Vol. 71, No.

73 / Monday, April 17, 2006 / Notices

Commission believes that the SECURITIES AND EXCHANGE positions, if Exchange Rules or
Exchange’s market maker registration COMMISSION Regulations are inconsistent with CFTC
policy and procedures, and the Regulations 41.42 through 41.49 and
[Release No. 34–53626; File No. SR–CBOT–
qualification requirements for ‘‘60/40’’ 2006–01]
SEC Regulations 242.400 through
tax treatment, should help ensure that 242.406, including any successor
market makers provide liquidity and Self-Regulatory Organizations; Board Regulations, the CFTC and SEC
orderliness in the CBOT market. of Trade of the City of Chicago, Inc.; Regulations shall prevail.
Notice of Filing and Order Granting (a) Initial and maintenance margin
The CBOT has requested that the rates used in determining Exchange
Commission approve the proposed rule Accelerated Approval of Proposed
Rule Change Relating to Customer margin requirements applicable to
change prior to the thirtieth day after Security Futures that are held on behalf
Margin Requirements for Security
publication of notice of the filing in the Futures of Customers in a futures account, shall
Federal Register. The Commission be established at levels no lower than
believes that the market maker April 10, 2006. those prescribed by CFTC Regulation
registration policy and procedures and Pursuant to Section 19(b)(1) of the 41.45 and SEC Regulation 242.403,
the qualification requirement for ‘‘60/ Securities Exchange Act of 1934 including any successor Regulations.
40’’ tax treatment are an extension of the (‘‘Exchange Act’’),1 and Rule 19b–4 (b) As used in this Regulation, the
obligations adopted in connection with thereunder,2 notice is hereby given that term ‘‘Customer’’ does not include (a)
the CBOT’s customer margin rules, on March 2, 2006, the Board of Trade of an ‘‘exempted person’’ as defined in
which set forth the standards under the City of Chicago, Inc. (‘‘CBOT’’ or CFTC Regulation 41.43(a)(9) and SEC
which a CBOT member may be ‘‘Exchange’’) filed with the Securities Regulation 242.401(a)(9); or (b) Market
excluded from the Exchange’s margin and Exchange Commission Makers as defined below.
(‘‘Commission’’ or ‘‘SEC’’) the proposed (c) A Person shall be a ‘‘Market
requirements as a ‘‘market maker,’’ and Maker’’ for purposes of this Rule, and
rule change as described in Items I, II,
therefore should raise no novel shall be excluded from the requirements
and III below, which Items have been
regulatory issues related to margin prepared by the Exchange. The set forth in CFTC Regulations 41.42
requirements.15 Furthermore, the Commission is publishing this notice to through 41.49 and SEC Regulations
Commission notes that the proposed solicit comments on the proposed rule 242.400 through 242.406, as applicable,
rule change is substantially similar to change from interested persons and to in accordance with CFTC Regulation
OneChicago, LLC’s market maker grant accelerated approval to the 41.42(c)(2)(v) and SEC Regulation
registration policy and procedures, proposed rule change. 242.400(c)(2)(v), with respect to all
which were approved by the trading in Security Futures for its own
Commission. Accordingly, the I. Self-Regulatory Organization’s
account, if such Person is an Exchange
Statement of the Terms of Substance of
Commission finds good cause, Member that is registered with the
the Proposed Rule Change
consistent with section 19(b)(2) of the Exchange as a ‘‘Security Futures
Act,16 to approve the proposed rule The Exchange is proposing to Dealer.’’
change prior to the thirtieth day after establish procedures relating to the Each such Market Maker shall: (a) be
publication of the notice of filing thereof determination and administration of a member of the Exchange and be
in the Federal Register. customer margin for security futures registered as a floor trader or a floor
positions established on the Exchange broker with the CFTC under Section
V. Conclusion and maintained in futures accounts. 4f(a)(1) of the CEA or be registered as a
Further, the proposed regulations define dealer with the SEC under Section 15(b)
It is therefore ordered, pursuant to the applicability of these requirements, of the Exchange Act; (b) maintain
section 19(b)(2) of the Act 17 that the specifically excluding qualifying records sufficient to prove compliance
proposed rule change (SR–CBOT–2006– security futures dealers from customer with the requirements set forth in this
02) is hereby approved on an security futures margin requirements Regulation and CFTC Regulation
accelerated basis. and related regulatory requirements. 41.42(c)(2)(v) or SEC Regulation
For the Commission, by the Division of The text of the proposed rule change is 242.400(c)(2)(v), as applicable,
Market Regulation, pursuant to delegated below. New text is italicized. including without limitation, trading
authority.18 * * * * * account statements and other financial
Nancy M. Morris, records sufficient to detail activity; and
New Regulation 431.07 Customer (c) hold itself out as being willing to buy
Secretary. Margins for Security Futures Positions and sell Security Futures for its own
[FR Doc. E6–5611 Filed 4–14–06; 8:45 am] Held in Futures Accounts account on a regular or continuous
BILLING CODE 8010–01–P Margin requirements associated with basis.
Security Futures positions, which result A Market Maker satisfies condition (c)
from transactions made on the above if any of the following three
Exchange on behalf of Customers, and requirements are fulfilled:
which are held in a futures account, (1) The Market Maker:
shall be determined and administered (i) Provides continuous two-sided
in accordance with the Rules and quotations throughout the trading day
Regulations of the Exchange, and in for all delivery months of Security
compliance with CFTC Regulations Futures Contracts representing a
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41.42 through 41.49 and SEC meaningful proportion of the total


15 See Securities Exchange Act Release No. 50115 Regulations 242.400 through 242.406. trading volume of Security Futures
(July 29, 2004) 69 FR 48261 (August 9, 2004). With regard to such Security Futures Contracts on the Exchange, subject to
16 15 U.S.C. 78s(b)(2). relaxation during unusual market
17 Id. 1 15 U.S.C. 78s(b)(1). conditions as determined by the
18 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. Exchange (such as a fast market in

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Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices 19775

either a Security Futures Contract or a (ii) At least 75% of the Market Futures Contracts on the Exchange’’
security underlying a Security Futures Maker’s total trading activity in shall mean a minimum of 20% of such
Contract) at which times the Market Exchange Security Futures Contracts is trading volume.
Maker must use its best efforts to quote in its assigned Security Futures Any Market Maker that fails to
continuously and competitively; and Contracts, measured on a quarterly comply with the applicable Rules of the
(ii) When providing quotations, quotes basis; and Exchange, CFTC Regulations 41.42
with a maximum bid/ask spread of no (iii) During at least 50% of the trading through 41.49 or SEC Regulations
more than the greater of $0.20 or 150% day, the Market Maker has bids or offers 242.400 through 242.406, as applicable,
of the bid/ask spread in the primary in the market that are at or near the best shall be subject to disciplinary action in
market for the security underlying each market, except in unusual market
Security Futures Contract. accordance with Chapter 5. Appropriate
conditions as determined by the sanctions in the case of any such failure
(2) The Market Maker: Exchange (such as a fast market in
(i) Responds to at least 75% of the shall include, without limitation, a
either a Security Futures Contract or a revocation of such Market Maker’s
requests for quotation for all delivery security underlying a Security Futures
months of Security Futures Contracts registration with the Exchange as a
Contract), with respect to at least 25% Security Futures Dealer.
representing a meaningful proportion of (in the case of an Unlimited
the total trading volume of Security Assignment) or at least one (in the case (d) The Exchange shall establish
Futures Contracts on the Exchange, initial and maintenance margin
of a Limited Assignment) of its assigned
subject to relaxation during unusual requirements applicable to Security
Security Futures Contracts; and
market conditions as determined by the Futures that are held in a futures
Exchange (such as a fast market in (iv) The requirements in (ii) and (iii)
are satisfied on (a) at least 90% of the account, provided that the margin
either a Security Futures Contract or a requirement for any long or short
security underlying a Security Futures trading days in each calendar quarter by
Market Makers who have undertaken an position held by a member firm on
Contract) at which times the Market behalf of a Customer shall not be less
Maker must use its best efforts to quote Unlimited Assignment; or (b) at least
80% of the trading days in each than 20% of the current market value of
competitively; and the relevant Security Futures Contract,
(ii) When responding to requests for calendar quarter by Market Makers who
have undertaken a Limited Assignment; or such other requirement as may be
quotation, quotes within five seconds established by the CFTC and SEC for
with a maximum bid/ask spread of no or (c) on at least 80% of the trading days
in each calendar quarter by Market purposes of CFTC Regulation 41.45(b)(1)
more than the greater of $0.20 or 150%
Makers who have undertaken either an and SEC Regulation 242.403(b)(1),
of the bid/ask spread in the primary
Unlimited Assignment or Limited unless a lower margin level is available
market for the security underlying each
Assignment but where the Exchange is for such position pursuant to paragraph
Security Futures Contract.
(3) The Market Maker: listing four (4) or fewer Security Futures (e) below.
(i) Is assigned to a group of Security Contracts. (e) Initial and maintenance margin
Futures Contracts listed on the For purposes of clauses (1) and (2) requirements for offsetting positions
Exchange that is either unlimited in above, beginning on the 181st calendar involving Security Futures and related
nature (‘‘Unlimited Assignment’’) or is day after the commencement of trading positions are provided in the schedule
assigned to no more that 20% of the of Security Futures Contracts on the below, for purposes of CFTC Regulation
Security Futures Contracts listed on the Exchange, a ‘‘meaningful proportion of 41.45(b)(2) and SEC Regulation
Exchange (‘‘Limited Assignment’’); and the total trading volume of Security 242.403(b)(2).

Margin Requirements for Offsetting Positions

1 .......... Long security future (or basket Individual stock or narrow- 20% of the current market The lower of: (1) 10% of the
of security futures rep- based security index. value of the long security fu- aggregate exercise price 5 of
resenting each component of ture, plus pay for the long put the put plus the aggregate
a narrow-based securities in full. put out-of-the-money 6
index 3) and long put option 4 amount, if any; or (2) 20% of
on the same underlying se- the current market value of
curity (or index). the long security future.
2 .......... Short security future (or basket Individual stock or narrow- 20% of the current market 20% of the current market
of security futures rep- based security index. value of the short security fu- value of the short security fu-
resenting each component of ture, plus the aggregate put ture, plus the aggregate put
a narrow-based securities in-the-money amount, if any. in-the-money amount, if any.7
index) and short put option Proceeds from the put sale
on the same underlying se- may be applied.
curity (or index).
3 .......... Long security future and short Individual stock or narrow- The initial margin required 5% of the current market value
position in the same security based security index. under Regulation T for the as defined in Regulation T of
(or securities basket) under- short stock or stocks. the stock or stocks under-
lying the security future. lying the security future.
4 .......... Long security future (or basket Individual stock or narrow- 20% of the current market 20% of the current market
of security futures rep- based security index. value of the long security fu- value of the long security fu-
resenting each component of ture, plus the aggregate call ture, plus the aggregate call
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a narrow-based securities in-the-money amount, if any. in-the-money amount, if any.


index) and short call option Proceeds from the call sale
on the same underlying se- may be applied.
curity (or index).

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19776 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices

Margin Requirements for Offsetting Positions—Continued


5 .......... Long a basket of narrow-based Narrow-based security index .... 20% of the current market 20% of the current market
security futures that together value of the long basket of value of the long basket of
tracks a broad-based index narrow-based security fu- narrow-based security fu-
and short a broad-based se- tures, plus the aggregate call tures, plus the aggregate call
curity index call option con- in-the-money amount, if any. in-the-money amount, if any.
tract on the same index. Proceeds from the call sale
may be applied.
6 .......... Short a basket of narrow-based Narrow-based security index .... 20% of the current market 20% of the current market
security futures that together value of the short basket of value of the short basket of
tracks a broad-based security narrow-based security fu- narrow-based security fu-
index and short a broad- tures, plus the aggregate put tures, plus the aggregate put
based security index put op- in-the-money amount, if any. in-the-money amount, if any.
tion contract on the same Proceeds from the put sale
index. may be applied.
7 .......... Long a basket of narrow-based Narrow-based security index .... 20% of the current market The lower of: (1) 10% of the
security futures that together value of the long basket of aggregate exercise price of
tracks a broad-based security narrow-based security fu- the put, plus the aggregate
index and long a broad- tures, plus pay for the long put out-of-the-money amount,
based security index put op- put in full. if any; or (2) 20% of the cur-
tion contract on the same rent market value of the long
index. basket of security futures.
8 .......... Short a basket of narrow-based Narrow-based security index .... 20% of the current market The lower of: (1) 10% of the
security futures that together value of the short basket of aggregate exercise price of
tracks a broad-based security narrow-based security fu- the call, plus the aggregate
index and long a broad- tures, plus pay for the long call out-of-the-money
based security index call op- call in full. amount, if any; or (2) 20% of
tion contract on the same the current market value of
index. the short basket of security
futures.
9 .......... Long security future and short Individual stock or narrow- The greater of: (1) 5% of the The greater of: (1) 5% of the
security future on the same based security index. current market value of the current market value of the
underlying security (or index). long security future; or (2) long security future; or (2)
5% of the current market 5% of the current market
value of the short security fu- value of the short security fu-
ture. ture.
10 ........ Long security future, long put Individual stock or narrow- 20% of the current market 10% of the aggregate exercise
option and short call option. based security index. value of the long security fu- price, plus the aggregate call
The long security future, long ture, plus the aggregate call in-the-money amount, if any.
put and short call must be on in-the-money amount, if any,
the same underlying security plus pay for the put in full.
and the put and call must Proceeds from the call sale
have the same exercise may be applied.
price. (Conversion).
11 ........ Long security future, long put Individual stock or narrow- 20% of the current market The lower of: (1) 10% of the
option and short call option. based security index. value of the long security fu- aggregate exercise price of
The long security future, long ture, plus the aggregate call the put plus the aggregate
put and short call must be on in-the-money amount, if any, put out-of-the money amount,
the same underlying security plus pay for the put in full. if any; or (2) 20% of the ag-
and the put exercise price Proceeds from call sale may gregate exercise price of the
must be below the call exer- be applied. call, plus the aggregate call
cise price (Collar). in-the-money amount, if any.
12 ........ Short security future and long Individual stock or narrow- The initial margin required 5% of the current market value,
position in the same security based security index. under Regulation T for the as defined in Regulation T, of
(or securities basket) under- long stock or stocks. the long stock or stocks.
lying the security future.
13 ........ Short security future and long Individual stock or narrow- The initial margin required 10% of the current market
position in a security imme- based security index. under Regulation T for the value, as defined in Regula-
diately convertible into the long security. tion T, of the long security.
same security underlying the
security future, without re-
striction, including the pay-
ment of money.
14 ........ Short security future (or basket Individual stock or narrow- 20% of the current market The lower of: (1) 10% of the
of security futures rep- based security index. value of the short security fu- aggregate exercise price of
resenting each component of ture, plus pay for the call in the call, plus the aggregate
a narrow-based securities full. call out-of-the-money
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index) and long call option or amount, if any; or (2) 20% of


warrant on the same under- the current market value of
lying security (or index). the short security future.

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Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices 19777

Margin Requirements for Offsetting Positions—Continued


15 ........ Short security future, short put Individual stock or narrow- 20% of the current market 10% of the aggregate exercise
option and long call option. based security index. value of the short security fu- price, plus the aggregate put
The short security future, ture, plus the aggregate put in-the-money amount, if any.
short put and long call must in-the-money amount, if any,
be on the same underlying plus pay for the call in full.
security and the put and call Proceeds from put sale may
must have the same exercise be applied.
price. (Reverse Conversion).
16 ........ Long (short) a basket of secu- Narrow-based security index .... 5% of the current market value 5% of the current market value
rity futures, each based on a for the long (short) basket of of the long (short) basket of
narrow-based security index security futures. security futures.
that together tracks the
broad-based index and short
(long) a broad-based index
future.
17 ........ Long (short) a basket of secu- Individual stock or narrow- The greater of: (1) 5% of the The greater of: (1) 5% of the
rity futures that together based security index. current market value of the current market value of the
tracks a narrow-based index long security future(s); or (2) long security future(s); or (2)
and short (long) a narrow- 5% of the current market 5% of the current market
based index future. value of the short security fu- value of the short security fu-
ture(s). ture(s).
18 ........ Long (short) a security future Individual stock or narrow- The greater of: (1) 3% of the The greater of: (1) 3% of the
and short (long) an identical based security index. current market value of the current market value of the
security future traded on a long security future(s); or (2) long security future(s); or (2)
different market.8. 3% of the current market 3% of the current market
value of the short security fu- value of the short security fu-
ture(s). ture(s).

New Regulation 431.08 Acceptable provisions shall establish the acceptable securities, any other assets permitted
Margin for Security Futures and margin for Security Futures Positions under Regulation T of the Board of
Treatment of Undermargined Accounts that are held on behalf of Customers in Governors of the Federal Reserve System
Notwithstanding any other Exchange a futures account, and the treatment of (as in effect from time to time) to satisfy
Rules or Regulations, the following undermargined futures accounts a margin deficiency in a securities
containing Security Futures Contracts. margin account, and any combination
3 Baskets of securities or security futures contracts (a) Member firms may accept from of the foregoing, each as valued in
must replicate the securities that comprise the their Customers as margin for Security accordance with CFTC Regulations
index, and in the same proportion. Futures held in a futures account, 41.46(c) and 41.46(e) or SEC
4 Generally, for the purposes of these regulations,
deposits of cash, margin securities Regulations 242.404(c) and 242.404(e),
unless otherwise specified, stock index warrants (subject to the limitations set forth in the
shall be treated as if they were index options. as applicable. Shares of a money market
5 ‘‘Aggregate exercise price,’’ with respect to an following sentence), exempted mutual fund that meet the requirements
option or warrant based on an underlying security, of CFTC Regulation 1.25 may be
means the exercise price of an option or warrant approving SR–Amex–99–27)); CBOE Rule 12.3 accepted as a margin deposit from a
contract multiplied by the numbers of units of the (Exchange Act Release No. 41658 (July 27, 1999),
underlying security covered by the option contract 64 FR 42736 (August 5, 1999) (order approving SR– Customer for purposes of this Rule.
or warrant. ‘‘Aggregate exercise price’’ with respect CBOE–97–67)); or NASD Rule 2520 (Exchange Act (b) A member firm shall not accept as
to an index option, means the exercise price Release No. 43581 (November 17, 2000), 65 FR margin from any Customer securities
multiplied by the index multiplier. See, e.g., Amex 70854 (November 28, 2000) (order approving SR– that have been issued by such Customer
Rules 900 and 900C; CBOE Rule 12.3; and NASD NASD–00–15)).
Rule 2522. 7 ‘‘In-the-money’’ amounts must be determined as
or an Affiliate of such Customer unless
6 ‘‘Out-of-the-money’’ amounts shall be follows: such member firm files a petition with
determined as follows: (1) for stock call options and warrants, any excess and receives permission from the
(1) for stock call options and warrants, any excess of the current market value (as determined in Exchange for such purpose.
of the aggregate exercise price of the option or accordance with Regulation T of the Board of (c) All assets deposited by a Customer
warrant over its current market value (as Governors of the Federal Reserve System) of the
determined in accordance with Regulation T of the option or warrant over its aggregate exercise price; to meet margin requirements must be
Board of Governors of the Federal Reserve System); (2) for stock put options or warrants, any excess and remain unencumbered by third
(2) for stock put options or warrants, any excess of the aggregate exercise price of the option or party claims against the depositing
of the current market value (as determined in warrant over its current market value (as Customer.
accordance with Regulation T of the Board of determined in accordance with Regulation T of the
Board of Governors of the Federal Reserve System);
(d) If a Customer fails to comply with
Governors of the Federal Reserve System) of the
option or warrant over its aggregate exercise price; (3) for stock index call options and warrants, any a margin call within a reasonable period
(3) for stock index call options and warrants, any excess of the product of the current index value and of time (the member firm may deem one
excess of the aggregate exercise price of the option the applicable index multiplier over the aggregate hour to be a reasonable period of time),
or warrant over the product of the current index exercise price of the option or warrant; and the relevant member firm shall take the
value and the applicable index multiplier; and (4) for stock index put options and warrants, any
excess of the aggregate exercise price of the option
deduction required with respect to an
(4) for stock index put options and warrants, any
undermargined account in computing
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excess of the product of the current index value and or warrant over the product of the current index
the applicable index multiplier over the aggregate value and the applicable index multiplier. its net capital under applicable CFTC
exercise price of the option or warrant. See, e.g., 8 Two security futures will be considered
and SEC Regulations.
NYSE Rule 431 (Exchange Act Release No. 42011 ‘‘identical’’ for this purpose if they are issued by the (e) If at any time there is a liquidating
(October 14, 1999), 64 FR 57172 (October 22, 1999) same clearing agency or cleared and guaranteed by
(order approving SR–NYSE–99–03)); Amex Rule 462 the same derivatives clearing organization, have
deficit in an account in which Security
(Exchange Act Release No. 43582 (November 17, identical contract specifications, and would offset Futures are held, the member firm shall
2000), 65 FR 71151 (November 29, 2000) (order each other at the clearing level. take steps to liquidate positions in the

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19778 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices

account promptly and in an orderly requirements set forth in proposed 41.42(c)(2)(v) 21 and SEC Regulation
manner. Regulation 431.07. Exempted persons 242.400(c)(2)(v),22 including a clause
* * * * * are identified by reference to applicable that requires that a Market Maker ‘‘hold
CFTC and SEC Regulations and Market itself out as being willing to buy and sell
II. Self-Regulatory Organization’s Makers are defined as described below. security futures for its own account on
Statement of the Purpose of, and Market Maker Exclusion—CFTC a regular or continuous basis.’’ In the
Statutory Basis for, the Proposed Rule Regulation 41.42(c)(2)(v) 11 and SEC release on Customer Margin Rules
Change Regulation 242.400(c)(2)(v) 12 permit Relating to Security Futures (‘‘Customer
In its filing with the Commission, the exchanges to adopt rules containing Margin Release’’),23 the Commission
Exchange included statements specified requirements for security and the CFTC identified three alternate
concerning the purpose of, and basis for, futures dealers, on the basis of which means by which to demonstrate such
the proposed rule change. The text of the financial relations between security willingness, as follows:
these statements may be examined at futures intermediaries and qualifying 1. An exchange may require market
the places specified in Item III below. security futures dealers are excluded makers to effect a certain percentage of
The Exchange has prepared summaries, from the customer margin requirements their security futures trades with
set forth in sections A, B, and C below, for security futures. Any rules so persons other than those registered as
of the most significant aspects of such adopted by an exchange must meet the market makers;
statements. criteria set forth in Section 7(c)(2)(B) of 2. Market makers could be subject to
the Exchange Act.13 rules that impose an affirmative
A. Self-Regulatory Organization’s Proposed Regulation 431.07(c) relies
Statement of the Purpose of, and obligation to quote on a regular or
on CFTC Regulation 41.42(c)(2)(v) 14 continuous basis; or
Statutory Basis for, the Proposed Rule and SEC Regulation 242.400(c)(2)(v) 15 3. An exchange may require that a
Change in establishing a Market Maker ‘‘large majority’’ of a market maker’s
Proposed Regulation 431.07 generally exclusion. In particular, CBOT members revenue be derived from trading listed
establishes that the determination and who meet certain qualifications would financial based derivatives including
administration of customer margins be permitted to register with the futures and options on stocks, stock
shall be consistent with prevailing Exchange as Security Futures Dealers, indexes, foreign currencies, and interest
practices on the Exchange. To the such that their accounts would not be rate instruments.
extent, however, that Exchange subject to customer security futures The CBOT generally proposes to
practices may be inconsistent with margin requirements. Rather, their apply the second standard listed above,
Commodity Futures Trading accounts would be subject to security which includes affirmative obligations
Commission (‘‘CFTC’’) Regulations futures margin requirements established to make markets. Specifically, under
41.42 through 41.49 9 or SEC pursuant to proposed Regulation proposed Regulation 431.07(c), a Market
Regulations 242.400 through 242.406,10 431.07(d). Maker is considered willing to hold
as applicable, the CFTC and SEC Market Makers will be floor traders or itself out to buy and sell security futures
Regulations shall prevail. floor brokers registered with the CFTC on a continuous or regular basis if it
General Applicability—Proposed under Section 4f(a)(1) of the Commodity fulfills any one of three tests.
Regulation 431.07 only applies to Exchange Act, as amended (‘‘CEA’’),16 The first test, set forth in Regulation
security futures transactions executed or dealers registered with the SEC under 431.07(c)(1), requires a Market Maker to
on the CBOT. To the extent that security Section 15(b) of the Exchange Act.17 As provide:
futures intermediaries engage in such, they may not qualify as exempted * * * continuous two-sided
security futures transactions on or persons within the meaning of quotations throughout the trading day
through other exchanges, they will need Regulation 242.401(a)(9) under the for all delivery months of [specified]
to comply with the margin requirements Exchange Act.18 Absent the provisions Security Futures Contracts * * * and
established by those other exchanges of proposed Regulation 431.07, they * * * [quote] * * * with a maximum
with respect to such transactions. In arguably would have to be treated as bid/ask spread no more than the greater
addition, proposed Regulation 431.07 customers for purposes of determining of $0.20 or 150% of the bid/ask spread
only applies to transactions made on margin requirements, even with respect in the primary market for the security
behalf of ‘‘Customers’’ as defined in to their proprietary market making underlying each Security Futures
paragraph (b) of the proposed activities. This would be different from Contract.
Regulation. Furthermore, proposed the treatment of security futures dealers The second test, set forth in
Regulation 431.07 is applicable only to on securities exchanges under Section Regulation 431.07(c)(2), requires a
security futures positions held in 7(c)(3) of the Exchange Act,19 and Market Maker to respond:
futures accounts. While security futures therefore would be contrary to the * * * to at least 75% of the requests
may alternatively be held in a securities statutory objectives reflected in Section for quotation for all delivery months of
account, the administration of securities 7(c)(2)(B) of the Exchange Act.20 [specified] Security Futures Contracts
accounts will be governed by applicable The Market Maker exclusion, as
* * * and * * * [w]hen responding to
regulations, and by rules adopted by proposed, contains all of the criteria and
requests for quotation, [quote] within
other relevant self-regulatory limitations set forth in CFTC Regulation
five seconds with a maximum bid/ask
organizations. spread no more than the greater of $0.20
11 17 CFR 41.42(c)(2)(v).
Proposed Regulation 431.07(b) or 150% of the bid/ask spread in the
12 17 CFR 242.400(c)(2)(v).
excludes ‘‘exempted persons’’ and 13 15 U.S.C. 78g(c)(2)(B). primary market for the security
‘‘Market Makers’’ from the definition of
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14 17 CFR 41.42(c)(2)(v). underlying each Security Futures


‘‘Customer.’’ Therefore, the transactions 15 17 CFR 242.400(c)(2)(v). Contract.
of exempted persons and Market Makers 16 7 U.S.C. 6f(a)(1).

are not subject to the customer margin 17 15 U.S.C. 78(o)(b). 21 17 CFR 41.42(c)(2)(v).
18 17 CFR 242.401(a)(9). 22 17 CFR 242.400(c)(2)(v).
9 17 CFR 41.42–41.49. 19 15 U.S.C. 78g(c)(3). 23 Exchange Act Release No. 46292 (August 1,
10 17 CFR 242.400–406. 20 15 U.S.C. 78g(c)(2)(B). 2002), 67 FR 53146 (August 14, 2002).

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Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices 19779

The first and second tests require accompanying the publication of those exchanges, the Commission has
Market Makers to be assigned to a requirements. recognized that it is appropriate for the
meaningful proportion of Security Margin Rates—Proposed Regulation SROs to recognize the hedged nature of
Futures Contracts listed on the 431.07(a) requires that customer margin certain combined options strategies and
Exchange. A ‘‘meaningful proportion’’ is rates be established at levels no lower prescribe margin requirements that
defined in proposed Regulation than those prescribed by CFTC better reflect the risk of those
431.07(c) to refer to Security Futures Regulation 41.45 24 and SEC Regulation strategies.31
Contracts that represent at least 20% of 242.403.25 Proposed Regulation The CBOT believes that the same
the total Security Futures Contract 431.07(d) specifically provides that the considerations apply in connection with
trading volume on the Exchange after margin level for each long or short the determination of margin levels for
the 181st calendar day subsequent to the position in a Security Futures contract offsetting positions involving security
commencement of trading in Security held on behalf of a customer shall not futures and related positions. If margin
Futures Contracts on the Exchange. be less than 20% of the current market offsets were not available with respect
The third test, set forth in Regulation value of such Security Futures contract, to security futures, the customer margin
431.07(c)(3), requires that a Market as required by SEC Regulation requirements applicable to such
Maker must be: 242.403(b)(1) 26 and CFTC Regulation instruments would effectively be
* * * assigned to a group of Security 41.45(b)(1).27 inconsistent with, and more onerous
Futures Contracts listed on the Exceptions to the 20% requirement than, the margin requirements for
Exchange that is either unlimited in are established under proposed comparable option contracts traded on
nature (‘‘Unlimited Assignment’’) or is Regulation 431.07(e). These exceptions securities exchanges. This would be
assigned to no more that 20% of the rely upon SEC Regulation contrary to the statutory objectives
Security Futures Contracts listed on the 242.403(b)(2) 28 and CFTC Regulation reflected in Section 7(c)(2)(B) of the
Exchange (‘‘Limited Assignment’’); and 41.45(b)(2) 29 that provide that a self- Exchange Act.32
* * * [a]t least 75% of the Market regulatory authority may set the Proposed Regulation 431.07(e)
Maker’s total trading activity in required initial or maintenance margin incorporates a schedule which describes
Exchange Security Futures Contracts is level for offsetting positions involving in detail the margin offsets available
in its assigned Security Futures security futures and related positions at with respect to particular combinations
Contracts, measured on a quarterly a level lower than the level that would of security futures and related positions.
basis; and * * * [d]uring at least 50% apply if margin requirements for such This schedule is substantively identical
of the trading day, the Market Maker has positions were calculated separately to the table of offsets included in the
bids or offers in the market that are at based on the 20% requirement, Customer Margin Release. While the
or near the best market * * * with provided that the rules establishing table differs in certain respects from
respect to at least 25% (in the case of such lower margin levels meet the similar tables in effect for exchange-
an Unlimited Assignment) or at least criteria set forth in Section 7(c)(2)(B) of traded options, the Commission
one (in the case of a Limited the Exchange Act.30 That Section acknowledged in its Customer Margin
Assignment) of its assigned Security requires that: Release that these limited differences
Futures Contracts; and * * * [these (I) The margin requirements for a are warranted by different
obligations must be] satisfied on (a) at security futures product be consistent characteristics of the instruments to
least 90% of the trading days in each with the margin requirements for which they relate. Accordingly, the
calendar quarter by Market Makers who comparable option contracts traded on CBOT believes that proposed Regulation
have undertaken an Unlimited any exchange registered pursuant to 431.07(e) is consistent with the
Assignment; or (b) at least 80% of the Section 6(a) of [the Exchange Act]; and requirements of the Exchange Act and
trading days in each calendar quarter by (II) Initial and maintenance margin the Rules and Regulations thereunder.
Market Makers who have undertaken a levels for a security futures product not Margin Administration—Proposed
Limited Assignment; or (c) on at least be lower than the lowest level of Regulation 431.08(a) identifies the types
80% of the trading days in each margin, exclusive of premium, required of instruments that a security futures
calendar quarter * * * where the for any comparable option contract intermediary may accept from a
Exchange is listing four (4) or fewer traded on any exchange registered customer as margin for security futures
Security Futures Contracts. pursuant to Section 6(a) of [the positions held in a futures account.
Market Makers are required to Exchange Act], other than an option on Consistent with SEC Regulation
maintain books and records in order to a security future. 242.404(b) 33 and CFTC Regulation
evidence compliance with these Absent the margin relief afforded by 41.46(b),34 acceptable types of margin
standards. This recordkeeping proposed Regulation 431.07(e), security are limited to deposits of cash, margin
requirement includes, without futures intermediaries would be securities (subject to specified
limitation, trading account statements required to collect margin from their restrictions), exempted securities, any
and other financial records necessary to customers equal to at least 20% of the other assets permitted under Regulation
detail Market Maker activity. Failure on current market value of the security
the part of a Market Maker to comply futures held on behalf of such 31 See Exchange Act Release Nos. 41658 (July 27,

with these standards may result in customers, even if such security futures 1999), 64 FR 42736 (August 5, 1999) (order
revocation of the Market Maker’s positions were hedged. With respect to approving SR–CBOE–97–67 amending CBOE Rule
option contracts traded on securities 12.3); 42011 (October 14, 1999) (order approving
registration with the Exchange as a SR–NYSE–99–03 amending NYSE Rule 431); 43582
Security Futures Dealer, or other (November 17, 2000), 65 FR 70854 (November 28,
dsatterwhite on PROD1PC76 with NOTICES

24 17 CFR 41.45.
sanctions under CBOT Rules and 25 17
2000) (order approving SR–Amex–99–27 amending
CFR 242.403. Amex Rule 462); and 43581 (November 17, 2000),
Regulations. 26 17 CFR 242.403(b)(1).
65 FR 71151 (November 29, 2000) (order approving
The CBOT believes that proposed 27 17 CFR 41.45(b)(1). SR–NASD–00–15 amending NASD Rule 2520).
Regulation 431.07(b) and (c) are 28 17 CFR 242.403(b)(2). 32 15 U.S.C. 78g(c)(2)(B).

consistent with the requirements of the 29 17 CFR 41.45(b)(2). 33 17 CFR 242.404(b).

Exchange Act and with the explanations 30 15 U.S.C. 78g(c)(2)(B). 34 17 CFR 41.46(b).

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19780 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Notices

T 35 of the Board of Governors of the arguments concerning the foregoing, exchange.42 In particular, the
Federal Reserve System to satisfy a including whether the proposed rule Commission finds that the proposed
margin deficiency in a securities margin change is consistent with the Exchange rule change is consistent with the
account, and any combination of the Act. Comments may be submitted by requirements of Section 6(b)(5) of the
foregoing. Proposed Regulation any of the following methods: Act,43 which requires, among other
431.08(a) further provides that the things, that the rules of the Exchange be
different types of eligible margin Electronic Comments designed to promote just and equitable
deposits are to be valued in accordance principles of trade and, in general, to
• Use the Commission’s Internet
with the applicable principles set forth protect investors and the public interest.
comment form (http://www.sec.gov/
in SEC Regulations 242.404(c) and In addition, the Commission believes
242.404(e) 36 and CFTC Regulations rules/sro.shtml); or
that the proposed rule change is
41.46(c) and 41.46(e).37 • Send e-mail to rule- consistent with Section 7(c)(2)(B) of the
Proposed Regulation 431.08(d) comments@sec.gov. Please include File Act,44 which provides, among other
requires a security futures intermediary Number SR–CBOT–2006–01 on the things, that the margin requirements for
to take the deduction required with subject line. security futures must preserve the
respect to an undermargined account in financial integrity of markets trading
computing its net capital under Paper Comments
security futures and prevent systemic
applicable SEC and CFTC Regulations if • Send paper comments in triplicate risk. The Commission also believes that
the customer has failed to comply with the proposed rule change is consistent
to Nancy M. Morris, Secretary,
a required margin call within a with the customer margin rules set forth
Securities and Exchange Commission,
reasonable period of time. This
100 F Street, NE., Washington, DC in Rules 400 through 406 under the
requirement is consistent with SEC
20549–1090. Act.45
Regulation 242.406(a) 38 and CFTC
Regulation 41.48(a).39 Further, proposed All submissions should refer to File The Exchange has requested that the
Regulation 431.08(e) requires the Number SR–CBOT–2006–01. This file Commission approve this proposed rule
liquidation of an account in which number should be included on the change prior to the thirtieth day after
security futures are held where there is subject line if e-mail is used. To help the publication of notice of the filing in the
a liquidating deficit, in accordance with Commission process and review your Federal Register. The Commission
SEC Regulation 242.406(b) 40 and CFTC comments more efficiently, please use believes that nothing in this proposed
Regulation 41.48(b).41 only one method. The Commission will rule change raises any new, unique, or
The Exchange Act Regulations and
post all comments on the Commission’s substantive issues from those previously
related provisions of the Exchange Act raised in SR–OC–2002–01, as amended,
Internet Web site (http://www.sec.gov/
are premised on each self-regulatory and SR–CME–2002–01, as amended 46
rules/sro/shtml). Copies of the
organization adopting margin which rule filings set forth
requirements that are functionally submission, all subsequent
OneChicago’s and the Chicago
equivalent to proposed CBOT amendments, all written statements
Mercantile Exchange’s (‘‘CME’’) margin
Regulations 431.07 and 431.08. with respect to the proposed rule
requirements for security futures,
Accordingly, proposed Regulations change that are filed with the respectively. The Exchange’s proposed
431.07 and 431.08 represent a corollary Commission, and all written rules set forth herein are substantively
of, and are designed to give effect to, the communications relating to the identical to the parallel provisions in
Exchange Act Regulations and related proposed rule change between the OneChicago Rule 515 and CME Rule
provisions of the Exchange Act. Commission and any person, other than 930. The Exchange noted that that
those that may be withheld from the OneChicago Rule 515(a) specifies that
B. Self-Regulatory Organization’s public in accordance with the
Statement on Burden on Competition its market maker exclusion applies to
provisions of 5 U.S.C. 552, will be security futures positions held in
The CBOT does not believe that the available for inspection and copying in securities accounts, as well as those
proposed rule change will impose any the Commission’s Public Reference held in futures accounts. The proposed
burden on competition that is not Room. Copies of such filing also will be margin rules only address security
necessary or appropriate in furtherance available for inspection and copying at futures positions held in futures
of the purposes of the Act. the principal office of the Exchange. All accounts. Further, the offsets proposed
C. Self-Regulatory Organization’s comments received will be posted by CBOT are consistent with the
Statement on Comments on the without change; the Commission does strategy-based offsets permitted for
Proposed Rule Change Received From not edit personal identifying comparable offset positions involving
Members, Participants or Others information from submissions. You exchange-traded options and therefore
should submit only information that consistent with Section 7(c)(2)(B) of the
The Exchange has neither solicited
you wish to make available publicly. All Exchange Act.47 Finally, approval of the
nor received written comments on the
submission should refer to File Number proposed rule change is necessary for
proposed rule change.
SR–CBOT–2006–01 and should be CBOT to begin trading security futures.
III. Solicitation of Comments submitted on or before May 8, 2006.
42 In approving this proposal, the Commission has
Interested persons are invited to IV. Commission Findings and Order considered its impact on efficiency, competition,
submit written data, views, and Granting Accelerated Approval of a and capital formation. 15 U.S.C. 78c(f).
Proposed Rule Change 43 15 U.S.C. 78f(b)(5).
dsatterwhite on PROD1PC76 with NOTICES

35 2CFR 220.1 et seq. 44 15 U.S.C. 78g(c)(2)(B).


36 17 CFR 242.404(c) and 242.404(e). The Commission finds that the 45 17 CFR 242.400–406.
37 17 CFR 41.46(c) and 41.46(e).
38 17 CFR 242.406(a).
proposed rule change is consistent with 46 See also SR–CME–2003–01 (approving, on a

the requirements of the Act and the permanent basis, a standard under which a market
39 17 CFR 41.48(a).
maker can qualify for exclusion from CME’s margin
40 17 CFR 242.406(b). rules and regulations thereunder rules).
41 17 CFR 41.48(b). applicable to a national securities 47 15 U.S.C. 78g(c)(2)(B).

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Accordingly, the Commission finds the Federal Register on March 3, 2006.4 ensure that the Exchange’s clearly
good cause for approving this proposed The Commission received no comments erroneous execution rule is exercised in
rule change prior to the thirtieth day on the proposal. This order approves the a fair and reasonable manner. As the
after the date of publication of notice proposed rule change. Exchange noted, the primary listing
thereof in the Federal Register. The proposed rule change would exchange’s opening price for an IPO
Specifically, the Commission believes revise the procedures in NYSE Arca security may not necessarily be
that it is consistent with Section 19(b)(2) Equities Rule 7.10(e) relating to trade indicative of the actual trading price of
of the Act 48 to approve the Exchange’s nullifications (‘‘busts’’) and price the security, and, thus the Commission
proposed rule change prior to the adjustments (‘‘adjusts’’) of the initial believes that it is fair and reasonable for
thirtieth day after publication of the trade of securities issued in IPOs that NYSE Arca Equities staff to have the
notice of filing thereof in the Federal are traded on the Archipelago Exchange discretion to review all prices at the
Register. (n/k/a NYSE Arca Marketplace) on an time the IPO security first trades on the
unlisted trading privileges basis. primary listing exchange to determine
V. Conclusion Currently, initial trades on NYSE Arca whether it is appropriate to adjust or
It is therefore ordered, pursuant to Marketplace of these securities that are bust the trade at issue.
Section 19(b)(2) of the Act,49 that the executed at prices of $1.00 or 10% It is therefore ordered, pursuant to
proposed rule change (File No. SR– (whichever is lesser) away from the section 19(b)(2) of the Act,7 that the
CBOT–2006–01) is approved on an primary listing exchange’s opening proposed rule change (SR–PCX–2006–
accelerated basis. price are automatically busted or 12) is approved.
adjusted to the opening price of the
For the Commission, by the Division of For the Commission, by the Division of
Market Regulation, pursuant to delegated security on the primary listing Market Regulation, pursuant to delegated
authority.50 exchange. Under the proposed rule authority.8
Nancy M. Morris, change, NYSE Arca Equities staff would Nancy M. Morris,
have the discretion to bust or adjust
Secretary. Secretary.
initial trades in IPO securities that are
[FR Doc. E6–5650 Filed 4–14–06; 8:45 am] executed at $1.00 or 10% (whichever is [FR Doc. E6–5609 Filed 4–14–06; 8:45 am]
BILLING CODE 8010–01–P lesser) away from the opening price on BILLING CODE 8010–01–P

the primary listing exchange. The


Exchange states that this discretion is
SECURITIES AND EXCHANGE necessary because the primary listing SMALL BUSINESS ADMINISTRATION
COMMISSION exchange often has multiple prices for [Disaster Declaration # 10442 and # 10443]
[Release No. 34–53610; File No. SR–PCX– an IPO security during the first
2006–12] moments that the IPO security begins to Missouri Disaster #MO–00003
trade.
Self-Regulatory Organizations; Pacific The Commission finds that the AGENCY: U.S. Small Business
Exchange, Inc. (n/k/a NYSE Arca, Inc.); proposed rule change is consistent with Administration.
Order Granting Approval of Proposed the requirements of the Act and the ACTION: Notice.
Rule Change Relating to Clearly rules and regulations thereunder
applicable to a national securities SUMMARY: This is a Notice of the
Erroneous Executions
exchange.5 In particular, the Presidential declaration of a major
April 6, 2006. Commission believes that the proposal disaster for the State of Missouri
On February 23, 2006, the Pacific is consistent with section 6(b)(5) of the (FEMA–1635–DR), dated 04/05/2006.
Exchange, Inc. (n/k/a NYSE Arca, Inc.) Act,6 which requires that the rules of an Incident: Severe Storms, Tornadoes,
(‘‘Exchange’’) 1 filed with the Securities exchange be designed to prevent and Flooding.
and Exchange Commission fraudulent and manipulative acts and Incident Period: 03/30/2006 through
(‘‘Commission’’) a proposed rule change practices, to promote just and equitable 04/03/2006.
pursuant to section 19(b)(1) of the principles of trade, to foster cooperation Effective Date: 04/05/2006.
Securities Exchange Act of 1934 and coordination with persons engaged Physical Loan Application Deadline
(‘‘Act’’),2 and Rule 19b-4 thereunder,3 to in facilitating transactions in securities, Date: 06/05/2006.
amend PCX Equities, Inc. (n/k/a NYSE Economic Injury (EIDL) Loan
and to remove impediments to and
Arca Equities, Inc.) (‘‘NYSE Arca Application Deadline Date: 01/05/2007.
perfect the mechanism of a free and
Equities’’) Rule 7.10(e) pertaining to open market and a national market ADDRESSES: Submit completed loan
clearly erroneous executions of system. applications to: U.S. Small Business
securities issued in initial public The Commission believes that the Administration, National Processing
offerings (‘‘IPOs’’). The proposed rule proposed rule change, by granting NYSE and Disbursement Center, 14925
change was published for comment in Arca Equities staff the discretion to bust Kingsport Road, Fort Worth, TX 76155.
or adjust initial trades for IPO securities FOR FURTHER INFORMATION CONTACT: A.
48 15 U.S.C. 78s(b)(2). that are executed at $1.00 or 10% Escobar, Office of Disaster Assistance,
49 Id. (whichever is lesser) away from the U.S. Small Business Administration,
50 17 CFR 200.30–3(a)(12). primary listed exchange’s opening price, 409 3rd Street, SW., Suite 6050,
1 On March 6, 2006, the Exchange filed with the and thus no longer require NYSE Arca Washington, DC 20416.
Commission a proposed rule change, which was
effective upon filing, to change the name of the
Equities staff to automatically bust or SUPPLEMENTARY INFORMATION: Notice is
adjust such trades, is designed to help hereby given that as a result of the
dsatterwhite on PROD1PC76 with NOTICES

Exchange, as well as several other related entities,


to reflect the recent acquisition of PCX by President’s major disaster declaration on
Archipelago Holdings, Inc. (‘‘Archipelago’’) and the 4 See Securities Exchange Act Release No. 53376
merger of NYSE with Archipelago. See File No. SR–
04/05/2006, applications for disaster
(February 27, 2006), 71 FR 11008 (‘‘Notice’’).
PCX–2006–24. All references herein have been 5 In approving this proposal, the Commission has loans may be filed at the address listed
changed to reflect the aforementioned rule change. considered its impact on efficiency, competition,
2 15 U.S.C. 78s(b)(1). and capital formation. See 15 U.S.C. 78c(f). 7 15 U.S.C. 78s(b)(2).
3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5). 8 17 CFR 200.30–3(a)(12).

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