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Federal Register / Vol. 70, No.

145 / Friday, July 29, 2005 / Notices 43911

SECURITIES AND EXCHANGE is suspended for the period from 9:30 change, as amended, from interested
COMMISSION a.m. EDT, July 27, 2005 through 11:59 persons.
p.m. EDT, on August 9, 2005.
[File No. 500–1] I. Self-Regulatory Organization’s
By the Commission. Statement of the Terms of Substance of
In the Matter of Greyfield Capital, Inc.; Jonathan G. Katz, the Proposed Rule Change
Order of Suspension of Trading Secretary. The CBOE proposes to amend CBOE
July 27, 2005. [FR Doc. 05–15121 Filed 7–27–05; 12:15 pm] Rule 8.3A pertaining to Class Quoting
It appears to the Securities and BILLING CODE 8010–01–P Limits (‘‘CQL’’). The text of the
Exchange Commission that there is a proposed rule change is available on the
lack of current and accurate information Exchange’s Internet Web site (http://
concerning the securities of Greyfield SECURITIES AND EXCHANGE www.cboe.com), at the Exchange’s
Capital, Inc. (‘‘GRYF’’) because of COMMISSION Office of the Secretary, and at the
questions as to whether the company Commission’s Public Reference Room.
was validly reorganized as an Oregon [Release No. 34–52100; File No. SR–CBOE– II. Self-Regulatory Organization’s
company and the identity of its current 2005–48] Statement of the Purpose of, and
officers and directors, whether there Statutory Basis for, the Proposed Rule
have been inaccurate statements about Self-Regulatory Organizations; Change
what line of business it is in, whether Chicago Board Options Exchange,
In its filing with the Commission, the
its recent issuance of shares was validly Incorporated; Notice of Filing and Exchange included statements
authorized, and whether there are Immediate Effectiveness of Proposed concerning the purpose of, and basis for,
exaggerations concerning the magnitude Rule Change and Amendment No. 1 the proposed rule change and discussed
of the company’s operations in recent Thereto To Amend Rule 8.3A Relating any comments it received on the
press releases. to Class Quoting Limits
The Commission is of the opinion that proposed rule change. The text of these
the public interest and the protection of July 21, 2005. statements may be examined at the
investors require a suspension of trading places specified in Item IV below. The
Pursuant to Section 19(b)(1) of the Exchange has prepared summaries, set
in the securities of the above-listed Securities Exchange Act of 1934
company. forth in Sections A, B, and C below, of
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 the most significant aspects of such
Therefore, it is ordered, pursuant to notice is hereby given that on June 17,
Section 12(k) of the Securities Exchange statements.
2005, the Chicago Board Options
Act of 1934, that trading in the above- Exchange, Incorporated (‘‘CBOE’’ or A. Self-Regulatory Organization’s
listed company is suspended for the ‘‘Exchange’’) filed with the Securities Statement of the Purpose of, and
period from 9:30 a.m. EDT July 27, 2005 and Exchange Commission Statutory Basis for, the Proposed Rule
through 11:59 p.m. EDT, on August 9, (‘‘Commission‘‘) the proposed rule Change
2005. change as described in Items I, II, and 1. Purpose
By the Commission. III below, which Items have been
CBOE Rule 8.3A, Maximum Number
Jonathan G. Katz, prepared by the CBOE. On July 18,
of Market Participants Quoting
Secretary. 2005, the CBOE filed Amendment No. 1
Electronically per Product, establishes
[FR Doc. 05–15120 Filed 7–27–05; 12:15 pm] to the proposed rule change.3 The CBOE
the upper limit, or CQL, on the number
has designated this proposal as one
BILLING CODE 8010–01–P of members that may quote
constituting a stated policy, practice, or
electronically in a particular product
interpretation with respect to the
traded on the CBOE’s Hybrid Trading
SECURITIES AND EXCHANGE meaning, administration, or
System and Hybrid 2.0 Platform.6 The
COMMISSION enforcement of an existing rule under
methodology for determining which
Section 19(b)(3)(A)(i) of the Act,4 and
[File No. 500–1] members may submit electronic
Rule 19b–4(f)(1) thereunder,5 which
quotations in a product is governed by
In the Matter of UCAP, Inc.; Order of renders the proposal effective upon
paragraphs (a) through (c) of CBOE Rule
Suspension of Trading filing with the Commission. The
8.3A.
Commission is publishing this notice to The purpose of this proposed rule
July 27, 2005. solicit comments on the proposed rule change is to amend CBOE Rule 8.3A in
It appears to the Securities and order to expressly note CBOE’s
Exchange Commission that there is a 1 15U.S.C. 78s(b)(1). interpretation that a Market-Maker, who
lack of current and accurate information 2 17CFR 240.19b–4.
holds an appointment pursuant to CBOE
concerning the securities of UCAP, Inc. 3 In Amendment No. 1, the Exchange made non-
Rule 8.3 in an option class traded on the
because the company has failed to file substantive changes to the text of proposed CBOE
Rule 8.3A.03 to clarify that Market Makers who do Hybrid Trading System or the Hybrid
timely periodic reports with the not quote electronically in an option class will not 2.0 Platform but does not quote
Commission in violation of Section count towards the CQL for such option class. The electronically in that option class under
13(a) of the Securities Exchange Act of effective date of the original proposed rule change
the provisions of CBOE Rule 8.7(d)(i),
1934, since the period ended March 31, is June 17, 2005, and the effective date of
Amendment No. 1 is July 18, 2005. For purposes does not count towards the CQL in that
2003. of calculating the 60-day period within which the option class.
The Commission is of the opinion that Commission may summarily abrogate the proposed Pursuant to CBOE Rule 8.3, a Market-
the public interest and the protection of rule change, as amended, under Section 19(b)(3)(C)
Maker has the right to quote (a)
investors require a suspension of trading of the Act, the Commission considers such period
to commence on July 18, 2005, the date on which electronically in all classes traded on
in the securities of UCAP, Inc. the Exchange filed Amendment No. 1. See 15 U.S.C.
Therefore, it is ordered, pursuant to 78s(b)(3)(C). 6 See CBOE Rule 8.3A.01. See also Securities
Section 12(k) of the Securities Exchange 4 15 U.S.C. 78s(b)(3)(A)(i).
Exchange Act Release No. 51429 (March 24, 2005),
Act of 1934, that trading in UCAP, Inc. 5 17 CFR 240.19b–4(f)(1). 70 FR 16536 (March 31, 2005) (SR–CBOE–2004–58).

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