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Federal Register / Vol. 72, No.

105 / Friday, June 1, 2007 / Notices 30647

Filing Dates: The application was Maker or RMM has not submitted any of the Act.6 Specifically, the
filed on February 28, 2007, and electronic quotations in that option Commission finds that the proposal is
amended on April 18, 2007. class during the preceding 30 days. The consistent with Section 6(b)(5) of the
Applicant’s Address: C/O Tactical Exchange submitted Amendment No. 1 Act,7 in that the proposal has been
Allocation Services, LLC, 4909 East to the proposed rule change on April 18, designed to promote just and equitable
Pearl Circle, Suite 300, Boulder, CO 2007. The proposed rule change, as principles of trade, and to protect
80301. amended, was published for comment investors and the public interest. The
Cohen & Steers Quality REIT Preferred in the Federal Register on April 25, Commission believes that the proposal
2007.3 The Commission received no should enhance liquidity by helping to
Fund, Inc. [File No. 811–21086]
comments on the proposal. This order ensure that members who might be
Cohen & Steers Dividend Advantage approves the proposal, as amended. willing to provide competitive
Realty Fund, Inc. [File No. 811–21203] quotations and liquidity in an option
II. Description of the Proposal class are given an opportunity to do so.
Cohen & Steers Total Return Realty
Fund II, Inc. [File No. 811–21310] CBOE Rule 8.3A establishes the upper
limit, i.e., Class Quoting Limit (‘‘CQL’’), IV. Conclusion
Cohen & Steers Dividend All Star Fund, on the number of members that may It is therefore ordered, pursuant to
Inc. [File No. 811–21573] quote electronically in a particular Section 19(b)(2) of the Act,8 that the
Summary: Each applicant, a closed- product traded on CBOE’s Hybrid proposed rule change (SR–CBOE–2007–
end investment company, seeks an Trading System and Hybrid 2.0 Platform 27), as modified by Amendment No. 1,
order declaring that it has ceased to be (collectively ‘‘Hybrid’’).4 is approved.
an investment company. Applicants The purpose of this rule change is to For the Commission, by the Division of
have never made a public offering of amend CBOE Rule 8.3A to adopt an Market Regulation, pursuant to delegated
their securities and do not propose to interpretation which is applicable only authority.9
make a public offering or engage in in those option classes traded on Hybrid Florence E. Harmon,
business of any kind. in which the CQL for the option class Deputy Secretary.
Filing Dates: The applications were is full and there is a waiting list of [FR Doc. E7–10555 Filed 5–31–07; 8:45 am]
filed on March 21, 2006, and amended member(s) requesting the ability to BILLING CODE 8010–01–P
on May 16, 2007. quote electronically in the option class.
Applicant’s Address: 280 Park Ave., Specifically, in the event a Market-
10th Floor, New York, NY 10017. Maker or RMM who holds an SECURITIES AND EXCHANGE
For the Commission, by the Division of appointment in an option class traded COMMISSION
Investment Management, pursuant to on Hybrid has not submitted any
[Release No. 34–55811; File No. SR–CHX–
delegated authority. electronic quotations in that option 2007–08]
Florence E. Harmon, class during the preceding 30 days
Deputy Secretary. (calculated on a rolling basis), then the Self-Regulatory Organizations;
[FR Doc. E7–10561 Filed 5–31–07; 8:45 am] Market-Maker or RMM’s appointment in Chicago Stock Exchange, Inc.; Order
BILLING CODE 8010–01–P
that option class will be terminated Approving Proposed Rule Change To
effective immediately. CBOE will notify Expand Its Price Manipulation Rule To
the Market-Maker or RMM prior to Address Additional Instances of
SECURITIES AND EXCHANGE terminating its appointment, and the Improper Behavior
COMMISSION rule provides that CBOE can make
exceptions to this Interpretation and May 24, 2007.
[Release No. 34–55814; File No. SR–CBOE– On March 21, 2007, the Chicago Stock
Policy in unusual circumstances.
2007–27] Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’)
The Market-Maker or RMM can
subsequently request an appointment in filed with the Securities and Exchange
Self-Regulatory Organizations;
the option class. If there is a wait-list of Commission (‘‘Commission’’) a
Chicago Board Options Exchange,
members requesting the ability to quote proposed rule change, pursuant to
Incorporated; Order Approving a
electronically, then the Market-Maker or Section 19(b)(1) of the Securities
Proposed Rule Change and Exchange Act of 1934 (‘‘Act’’) 1 and Rule
Amendment No. 1 Thereto Relating to RMM will be placed on the wait-list for
the option class. CBOE intends to 19b–4 thereunder,2 to amend its rule
Class Quoting Limits relating to price manipulation. The
implement the proposal upon approval
May 25, 2007. by the Commission. proposed rule change was published for
comment in the Federal Register on
I. Introduction III. Discussion April 20, 2007.3 The Commission
On March 5, 2007, the Chicago Board After careful review, the Commission received no comments on the proposal.
Options Exchange, Incorporated finds that the proposed rule change, as This order approves the proposed rule
(‘‘CBOE’’ or ‘‘Exchange’’) filed with the amended, is consistent with the change.
Securities and Exchange Commission requirements of the Act and the rules I. Description of the Proposal
(‘‘Commission’’), pursuant to Section and regulations thereunder applicable to
19(b)(1) of the Securities Exchange Act a national securities exchange 5 and, in The Exchange seeks to amend its rule
of 1934 (‘‘Act’’) 1 and Rule 19b–4 particular, the requirements of Section 6 relating to price manipulation to
thereunder,2 a proposed rule change to
6 15 U.S.C. 78f.
provide for termination of a Market- 3 See Securities Exchange Act Release No. 55644
hsrobinson on PROD1PC76 with NOTICES

7 15 U.S.C. 78f(b)(5).
Maker or Remote Market-Maker (April 19, 2007), 72 FR 20570.
8 15 U.S.C. 78s(b)(2).
4 See Securities Exchange Act Release No. 51429
(‘‘RMM’’) appointment in an option 9 17 CFR 200.30–3(a)(12).
(March 24, 2005), 70 FR 16536 (March 31, 2005)
class traded on Hybrid if the Market- (approving SR–CBOE–2005–58). 1 15 U.S.C. 78s(b)(1).

5 The Commission has considered the amended 2 17 CFR 240.19b–4.


1 15 U.S.C. 78s(b)(1). proposed rule change’s impact on efficiency, 3 See Securities Exchange Act Release No. 55625
2 17 CFR 240.19b–4. competition and capital formation. 15 U.S.C. 78c(f). (April 12, 2007), 72 FR 19998.

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