April 29, 2005 Exchange Bulletin Volume 33, Number 17 The Constitution and Rules of the Chicago Board Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to the Exchange membership. To satisfy this requirement, a complimentary copy of the Exchange Bulletin, including the Regulatory Bulletin, is delivered by hard copy or e-mail to all effective members on a weekly basis. CBOE members are encouraged to receive the Exchange and Regulatory Bulletin and Information Circulars via e-mail. E-mail subscriptions may be obtained by submitting your name, firm if applicable, mailing address, e-mail address, and phone number, to members@cboe.com, or, by contacting the Membership Department by phone, at 312-786-7449. There is no charge for e-mail delivery of the Exchange and Regulatory Bulletin or for Information Circulars. If you do sign up for e-mail delivery, please remember to inform the Membership Department of e-mail address changes. Additional subscriptions for hard copy delivery after the first complimentary copy may be obtained by submitting your name, firm if any, mailing address, e-mail address and telephone number to: Chicago Board Options Exchange, Accounting Department, 400 South LaSalle, Chicago, Illinois 60605, Attention: Bulletin Subscriptions. The cost of an annual subscription (July 1 through June 30) is $200.00 ($100.00 after January 1), payable in advance. The Exchange reserves the right to limit subscriptions by nonmembers. For up-to-date Seat Market Quotes, call 312-786-7456 or refer to CBOE.com and click “Seat Market Information” under the “About CBOE” tab. For access to the CBOE Member Web Site, please also notify the Membership Department by sending an e-mail to members@cboe.com or by phone at 312-786-7449. Copyright © 2005 Chicago Board Options Exchange, Incorporated SEAT MARKET QUOTES AS OF FRIDAY, APRIL 29, 2005 CLASS CBOE/FULL CBOT/FULL BID $475,000.00 $1,547,000.00 OFFER $494,000.00 $1,660,000.00 LAST SALE AMOUNT $475,100.00 $1,510,000.00 LAST SALE DATE April 28, 2005 April 27, 2005 MEMBERSHIP SALES AND TRANSFERS From AC Capital Investments Robert A. Barr Citigroup Global Markets Inc. Citigroup Global Markets Inc. Citigroup Global Markets Inc. Citigroup Global Markets Inc. Citigroup Global Markets Inc. To TRO Trading Group LLC TRO Trading Group LLC Citigroup Derivatives Markets Inc. Citigroup Derivatives Markets Inc. Citigroup Derivatives Markets Inc. Citigroup Derivatives Markets Inc. Citigroup Derivatives Markets Inc. Price/Transfer $493,000.00 $494,000.00 $475,100.00 $475,100.00 $475,100.00 $475,100.00 $475,100.00 Date 4/22/05 4/27/05 4/28/05 4/28/05 4/28/05 4/28/05 4/28/05 DPM APPOINTMENT TRANSFER APPROVAL - April 25, 2005 The MTS Committee has conditionally approved pursuant to CBOE Rule 8.89 a proposal from Botta Capital Management, LLC (“BCM”) and Botta Specialists, LLC (“BSP”), both member organizations, regarding a transfer in the ownership interest in BCM. BSP operates two DPM trading stations on the CBOE, which are located at Post 2, Station 9; Post 2, Station 10. Currently, BCM owns 100% of BSP and the ownership structure of BCM consists of several classes of members, each with certain rights and obligations. The Class A members are Pax Clearing Corporation (“Pax”), Jeffrey Wolfson, Kevin Luthringshausen, Kelly Luthringshausen, and Michael Frazin. The Class C members are Steven Malitz, William Lynn, and Ilene Resnick Garber. The Class F members are Philip Teuscher and Peter Guth. There are several Class B members. Under the proposal, Pax will withdraw from ownership in BCM and Zydeco, LLC (“Zydeco”) will own 100% of the Class A membership interests in BCM. Zydeco’s current ownership structure is as follows: Kevin Luthringshausen – 100%, but under the terms of the proposal, Zydeco will admit Timothy Mullen, Kelly Luthringshausen, and Christopher Quander as members and Kevin Luthringshausen and Kelly Luthringshausen will transfer their interests in BCM to Zydeco in exchange for additional interests in Zydeco. Also under the proposal, Jeffrey Wolfson will become a Class C member of BCM, but the existing Class C members will retain their Class C memberships. The Class B membership interests in BCM will be retired. The current Class F members will remain Class F members. The management and operational structure of the BSP DPMs will not change. Page 2 April 29, 2005 Volume 33, Number 17 Chicago Board Options Exchange MEMBERSHIP INFORMATION FOR 4/21/05 THROUGH 4/27/05 MEMBERSHIPAPPLICATIONS RECEIVED FOR WHICH A POSTING PERIOD IS REQUIRED Effective Date Individual Membership Applicants Date Posted Lessor: John L. Schlipper Lessee: LT Derivatives LLC Gregory R. Tilly, NOMINEE Rate: 0.8128% Term: Monthly Stanton W. Todd, Nominee Group One Trading, LP 1870 N. Hoyne Chicago, IL 60647 4/26/05 Terminated Leases Termination Date Lessor: Elliott N. Mirman Lessee: First Derivative Traders, LP 4/21/05 Patrick M. McCallum, Nominee Man Securities Inc. 1617 N. Hudson St., Apt. 2R Chicago, IL 60614 4/26/05 Lessor: Geneva Stock, LLC Lessee: Geneva Trading LLC Joseph T. Pultz (JTP), NOMINEE 4/21/05 Jeffrey J. Tangel, Lessee 2028 W. 101st Place Chicago, IL 60643 4/26/05 Lessor: Regent Limited Lessee: Group One Trading, LP John A. Kinahan (KIN), NOMINEE 4/25/05 Anthony B. Marti, Nominee Ronin Capital, LLC 4651 N. Redwood Dr. Norridge, IL 60706 4/26/05 Lessor: Fugue Lessee: Market Street Securities, Inc. 4/25/05 4/26/05 Glenn A. McMillan, Nominee CSS, LLC 1852 N. Sheffield Chicago, IL 60614 4/27/05 Lessor: AC Capital Investments Lessee: Timber Hill LLC James P. Brady (BRD), NOMINEE Lessor: John L. Schlipper Lessee: KATL Group, LLC Gregory R. Tilly (GXT), NOMINEE 4/27/05 Member Organization Applicants Date Posted Savant Trading LLC 4/26/05 141 W. Jackson Blvd. - #340 Chicago, IL 60604 Daniel E. Baldwin – Manager Matlock Research & Investments LLC – Member Blair M. Hull, Jr. – Owner James Lodas - Director MEMBERSHIP LEASES 4/27/05 MEMBERSHIP TERMINATIONS Individual Members Nominee(s) / Inactive Nominee(s): Termination Date Robert J. Yuille (RUL) SMC Option Management LLC 440 S. LaSalle St., Ste. 1900 Chicago, IL 60605 4/21/05 4/22/05 New Leases Effective Date Lessor: WH Trading, LLC Lessee: Geneva Trading LLC Joseph T. Pultz, NOMINEE Rate: 0.8128% Term: Daily 4/21/05 Damon M. Fawcett (DMN) Fawcett Trading, LLC 876 Tara Court Wheaton, IL 60187 4/25/05 Lessor: TRO Trading Group LLC Lessee: Wolverine Trading LLC Rate: 0.8128% Term: Monthly 4/25/05 Christopher D. Bernard (JEL) Sallerson-Troob LLC 440 S. LaSalle - Ste. 950 Chicago, IL 60605 4/25/05 Lessor: Fugue Lessee: McGowan Investors, LP Rate: 1.00% Term: Monthly 4/25/05 Wendy A. Fawcett (WND) Fawcett Trading, LLC 440 S. LaSalle, Ste. 950 Chicago, IL 60605 Lessor: Hartz Construction Company, Inc. Lessee: Holland Trading House, LLC Rate: 0.8128% Term: Monthly 4/25/05 Kevin M. Henning (KVH) Andrie Trading LLC 3131 Moon Hill Drive Northbrook, IL 60062 4/26/05 Lessor: Knoblauch Securities Corp. Lessee: Holland Trading House, LLC Rate: 0.8128% Term: Monthly 4/25/05 Lessor: EWT, LLC Lessee: Group One Trading, LP John A. Kinahan, NOMINEE Rate: 0.875% Term: Daily 4/25/05 Lessor: TRO Trading Group LLC Lessee: Timber Hill LLC James P. Brady, NOMINEE Rate: 1.00% Term: Monthly 4/26/05 Member Organizations Lessee(s): Termination Date First Derivative Traders, LP Sherman Frager 1319 Rutland Lane Wynnewood, PA 19096 4/21/05 Page 3 April 29, 2005 Volume 33, Number 17 Chicago Board Options Exchange Lessor(s): Termination Date New Participants Acronym Effective Date Regent Limited Marc F. Desiderio PO Box 1216 - 45 Birch St. Englewood Cliff, NJ 07632 4/25/05 Yoni B. Cohen QNZ 4/26/05 Yoni B. Cohen QND 4/26/05 Yoni B. Cohen QDD 4/26/05 EFFECTIVE MEMBERSHIPS Yoni B. Cohen QDX 4/26/05 Individual Members Matthew M. Van Aken QYW 4/27/05 Nominee(s) / Inactive Nominee(s): Effective Date Terminated Participants Acronym Termination Date Kevin M. Henning 4/26/05 Wendy A. Fawcett (WND) 4/22/05 Fawcett Trading, LLC 440 S. LaSalle, Ste. 950 Chicago, IL 60605 Type of Business to be Conducted: Market Maker CHANGES IN MEMBERSHIP STATUS Christopher D. Bernard (JEL) 4/22/05 Sallerson-Troob LLC 440 S. LaSalle - Ste. 950 Chicago, IL 60605 Type of Business to be Conducted: Market Maker James J. Tryzna 4/21/05 From: CBT Registered For Armquest LP; Market Maker To: CBT Registered For Yukon Trading, LLC; Market Maker /Floor Broker Damon M. Fawcett (DMN) 4/25/05 Fawcett Trading, LLC 876 Tara Court Wheaton, IL 60187 Type of Business to be Conducted: Market Maker Joseph S. Sullivan 4/26/05 From: CBT Registered For Robert C. Sheehan & Associates, LLC; Market Maker / Floor Broker To: Nominee For Robert C. Sheehan & Associates, LLC; Market Maker / Floor Broker Ioannis S. Moraitis (YNI) 4/25/05 SMC Option Management LLC 440 S. LaSalle, 19th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker Gregory R. Tilly 4/27/05 From: Nominee For KATL Group, LLC; Market Maker To: Nominee For L.T. Derivatives LLC; Market Maker Yoni B. Cohen (YON) 4/26/05 Andrie Trading LLC 440 S. LaSalle, Ste. 1910 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Morgan Stanley & Co. Inc. 4/26/05 From: Owner; Associated with a Floor Broker To: Owner; Associated with a Market Maker / Floor Broker Timothy G. Gorham (TMG) 4/27/05 Consolidated Trading, LLC 440 S. LaSalle, Ste. 3100 Chicago, IL 60605 Type of Business to be Conducted: Market Maker Member Organizations CBT Registered For: Effective Date Yukon Trading, LLC 4/21/05 141 W. Jackson Blvd. - Ste. 3510 Chicago, IL 60604 Type of Business to be Conducted: Market Maker / Floor Broker Lessee(s): Effective Date L.T. Derivatives LLC 4/27/05 440 S. LaSalle, 16th Floor Chicago, IL 60605 Type of Business to be Conducted: Market Maker JOINT ACCOUNTS New Participants Acronym Effective Date Timothy J. Werner QBB 4/21/05 Steven T. Romanchuk QIG 4/21/05 Steven T. Romanchuk QLO 4/21/05 QDX Individual Members Member Organizations Effective Date Effective Date EWT, LLC 4/26/05 From: Lessor; Associated with a Market Maker To: Lessor / Owner; Associated with a Market Maker Credit Suisse First Boston LLC 4/25/05 From: Lessor / Owner / Non-Member Customer Business / Order Service Firm; Associated with a Market Maker / Floor Broker To: Owner / Non-Member Customer Business / Order Service Firm; Associated with a Market Maker / Floor Broker Geneva Stock, LLC 4/21/05 From: Lessor / Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker To: Member Organization Affiliated with a CBT Registered For; Associated with a Market Maker W.H. Trading, LLC 4/21/05 From: Lessee; Associated with a Market Maker To: Lessor / Lessee; Associated with a Market Maker MEMBER ADDRESS CHANGES Individual Members Effective Date Stuart Kipnes 2120 N. Lincoln Park West – Apt. 5 Chicago, IL 60614 4/25/05 Page 4 April 29, 2005 Volume 33, Number 17 Chicago Board Options Exchange RESEARCH CIRCULARS The following Research Circulars were distributed between April 22 and April 28, 2005. If you wish to read the entire document, please refer to the CBOE website at www.cboe.com and click on the “Trading Tools” Tab. New listings and series information is also available in the Trading Tools section of the website. For questions regarding information discussed in a Research Circular, please call The Options Clearing Corporation at 1-888-OPTIONS. Research Circular #RS05-270 April 22, 2005 *****UPDATE – FINAL ELECTION RESULTS ANNOUNCED***** International Steel Group Inc. (“ISG/ adj. IJI/YRB/VOG”) Determination of Contract Deliverable Research Circular #RS05-280 April 27, 2005 Hollywood Entertainment Corporation (“HLYW/HWQ”) Merger COMPLETED with Movie Gallery Inc. (“MOVI”) Research Circular #RS05-271 April 22, 2005 DuPont Photomasks, Inc. (“DPMI/DUD”) Merger COMPLETED with Toppan Printing Co., Ltd. Research Circular #RS05-282 April 28, 2005 Rayovac Corporation (“ROV”) Name, Stock and Option Symbol Change to Spectrum Brands, Inc. (“SPC”) Effective Date: May 2, 2005 Research Circular #RS05-276 April 26, 2005 Mandalay Resort Group (“MBG/YSG/OBI”) Merger COMPLETED with MGM MIRAGE (“MGG/YDM/VYG”) May 4, 2005 Volume RB16, Number 18 Regulatory Bulletin The Constitution and Rules of the Chicago Board Options Exchange, Incorporated (“Exchange”), in certain specific instances, require the Exchange to provide notice to the membership. The weekly Regulatory Bulletin is delivered to all effective members to satisfy this requirement. Copyright © 2004 Chicago Board Options Exchange, Incorporated Regulatory Circulars Regulatory Circular RG05-39 Date: April 25, 2005 To: The Membership From: Financial Planning Committee Subject: Remote Market-Maker (RMM) and Russell 2000 Fees The Financial Planning Committee recommended and the Board of Directors recently approved the following changes to CBOE’s fee schedule: RMM Transaction Fees: The RMM program will begin rollout on Tuesday, April 26, 2005. RMM transaction fees will be $0.26 per contract. The marketing fee of $0.22 per contract will also be assessed on RMM trades in all equity options, options on HOLDRs and options on SPDRs. The marketing fee will not apply to Market-Maker-to-Market-Maker transactions. Russell 2000 Cash Settled Index (RUT) Fees: The following fees per contract will be effective May 1, 2005: Customer, premium > or = $1 Customer, premium < $1 RUT DPM and Market-Maker License Fee Current Fee $0.45 0.25 0.40 Revised Fee $0.15 0.15 0.10 Please contact Don Patton at 312-786-7026 or patton@cboe.com if you have any questions. Regulatory Circular RG05-40 (supersedes Regulatory Circular RG05-02) INTER-EXCHANGE PROCEDURES IN VOLATILE MARKETS FOR SECOND QUARTER 2005 As of April 1, 2005 CME (S&P 500® FUTURES) NYSE ACTION CBOT (DJIASM FUTURES) CBOE ACTION 55 POINTS (5%) BELOW PREVIOUS DAY’S SETTLEMENT Limit comes into effect: On CME opening (8:30 a.m.) Trading halt: For 2 minutes if the offer is at limit 10 minutes after limit is reached or at 2:30 p.m. Limit no longer in effect: After the 2 minute halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. 110 POINTS (10%) BELOW PREVIOUS DAY’S SETTLEMENT Under Normal Limits Limit comes into effect: After the 55 point (5%) limit or at 2:30 p.m. Trading halts: Trading will halt for the following time periods if the futures contract is limit offered under the following circumstances: During an NYSE trading halt: Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. When the DJIA advances (or declines) 210 points from the previous day's close: Index arbitrage orders for S&P 500® component stocks must be entered with buy-minus (or sell-plus) instruction until the advance or decline returns to within 100 points from previous day's close. None required. Except on the last business day before their expiration, CBOE normally will restrict exercise of American style, cash settled index options during any trading halt that occurs prior to 3:00 p.m. CBOE may restrict exercise in equity options (other than during the 10 business days before their expiration), but it normally will not do so because of trading halts. Discretionary actions include trading halts in individual stocks. 1050 DJIA POINTS (10%) BELOW PREVIOUS DAY'S CLOSING VALUE Trading halts: Trading in all stocks halts for the following time periods when the DJIA reaches this value at the following times: Before 1:00 p.m.: for one hour; From 1:00 p.m. but before 1:30 p.m.: for 30 minutes; From and after 1:30 p.m.: no mandated trading halt None required because of CME or CBOT limit or NYSE actions; discretionary actions include trading halts and suspensions. 1050 POINTS (10%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: On CBOT opening (7:20 a.m.). Trading halt: If the futures contract is limit offered during an NYSE trading halt, futures trading will halt until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Limit no longer in effect: After futures trading has resumed following an NYSE trading halt or at 1:30 p.m. Because CME or CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). Because NYSE declares floor-wide circuit breaker halt: Trading in all CBOE securities halted during NYSE circuit breaker halt (with the exercise restrictions described above). After 1:30 p.m., if no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached. Limit no longer in effect: After a mandated futures trading halt. ****** Under Second Day Limits (those applicable on a day after the futures contract was limit offered at the 220 point (20%) level at the close of trading). Limit comes into effect: After the 55 point (5%) limit, unless there is an NYSE trading halt, in which case only the 20% limit applies upon reopening. Trading halts: During an NYSE trading halt (regardless whether the futures contract is limit offered): Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. If no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached or at 2:30 p.m. Limit no longer in effect: After a mandated futures trading halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. (OVER) This information has been compiled by CBOE for general information purposes only, and therefore should not be considered complete or precise. Most matters discussed are subject to detailed exchange rules and to the discretion of exchange officials. The rules of the various exchanges are subject to change and may not be reflected in this information. CBOE assumes no responsibility for any errors or omissions in the information presented. In addition, this circular does not address specialized circumstances, such as the times that would be applicable on days when one or more underlying equity markets is scheduled to close trading earlier than normal or the rules applicable to Chapter 30 securities. These specialized matters are covered in detail by exchange rules. All times listed are Central times. “S&P” and “S&P 500” are trademarks of Mc-Graw Hill, Inc., and "DJIA" is a service mark of Dow Jones & Company, Inc., and neither company assumes any liability in connection with the trading of any contract based on its indexes. (Date of issuance: April 22, 2005) INTER-EXCHANGE PROCEDURES IN VOLATILE MARKETS (continued) CME (S&P 500 FUTURES) 165 POINTS (15%) BELOW PREVIOUS DAY'S CLOSING VALUE Under Normal Limits NYSE ACTION CBOT (DJIA FUTURES) Regulatory Circular RG05-40 As of 4/1/05 CBOE ACTION None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). None required; discretionary actions include trading halts in individual stocks. Limit comes into effect: After the 110 point (10%) limit. Trading halts: For 2 minutes if the contract is at limit 10 minutes after limit is reached. Limit no longer in effect: After any such 2 minute halt. ****** Under Second Day Limits Limit comes into effect: After the 110 point (10%) limit, unless there is an NYSE trading halt, in which case only the 20% limit applies upon reopening. Trading halts: During an NYSE trading halt (regardless whether the futures contract is limit offered): Until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. If no NYSE trading halt is declared: For 2 minutes if the contract is limit offered 10 minutes after the limit is reached or at 2:30 p.m. Limit no longer in effect: After a mandated futures trading halt or, if no halt, 10 minutes after the limit is reached or otherwise at 2:30 p.m. 220 POINTS (20%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 165 point (15%) limit or, when Second Day Limits are in effect, at 2:30 p.m. or after trading resumes following an NYSE trading halt. Limit remains in effect for the remainder of the trading day. Trading halt: 2150 DJIA POINTS (20%) BELOW PREVIOUS DAY'S CLOSING VALUE Trading halts: Trading in all stocks halts for the following time periods when the DJIA reaches this value at the following times: Before 12:00 p.m.: for two hours From 12:00 p.m. but before 1:00 p.m.: for one hour From and after 1:00 p.m.: for the remainder of the day (Normal Limits): If the futures contract is limit offered during an NYSE trading halt. 2150 POINTS (20%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 1050 point (10%) limit or at 1:30 p.m. Trading halt: If the futures contract is limit offered during an NYSE trading halt, futures trading will halt until NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Limit no longer in effect: After futures trading has resumed following an NYSE trading halt. Because CME or CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). Because NYSE declares a floor wide circuit breaker halt: Trading in all CBOE securities halted during NYSE circuit breaker halt (with the exercise restrictions described above). (Second Day Limits): If there is an NYSE trading halt, regardless whether the futures contract is limit offered. Trading will resume when NYSE ends its trading halt and 50% of the underlying stocks (capitalization weighted) have resumed trading. Settlement value will not be less than the limit value, regardless of the value of the cash index. 3200 DJIA POINTS (30%) BELOW PREVIOUS DAY'S CLOSING VALUE The 220 point (20%) limit remains in effect. Settlement value will not be less than the limit value, regardless of the value of the cash index. Trading halts and does not reopen for the day. 3200 POINTS (30%) BELOW PREVIOUS DAY'S SETTLEMENT Limit comes into effect: After the 2150 point (20%) limit. Limit remains in effect for the remainder of the trading day. Trading halt: Trading shall halt for the rest of the day if the futures contract is limit offered at any time during the trading day and the NYSE declares a trading halt for the rest of the trading day. If NYSE declares floor wide trading halt for the remainder of the day: CBOE halts trading for the remainder of the day (with the exercise restrictions described above). Because CBOT limit is reached: None required; discretionary actions include trading halts and suspensions (with the exercise restrictions described above). For more information, call 1-888-OPTIONS or visit our Web site at www.cboe.com Regulatory Circulars continued Regulatory Circular RG05-41 Date: April 21, 2005 To: Members and Member Firms From: Regulatory Services Division Re: Description of Procedures for the ROS Opening on Volatility Index Futures and Options Contract Settlement Days This regulatory circular describes procedures for the modified ROS opening procedure on the settlement days of volatility index futures and option contracts. As of April 25, 2005, the modified ROS opening procedure will be used for (1) DJX options on settlement days for CBOE DJIA Volatility Index futures contracts and (2) SPX options on settlement days for VIX futures and options (when VIX options are listed for trading on CBOE). The settlement date for listed volatility index options and futures contracts is on the Wednesday immediately prior to the standard Friday options expiration. CBOE Rule 6.2A.03 provides for a modified ROS opening procedure in DJX and SPX options only on the settlement date of volatility index futures and options. The normal ROS opening procedure will occur on all other days and on the volatility index futures and options settlement date in all DJX and SPX option contract months whose prices are not used to calculate the applicable volatility index. Participation in the Modified ROS Opening Procedure In the DJX and SPX ROS opening on that Wednesday only, all orders (including public customer, broker-dealer, CBOE Market-Maker and away Market-Maker and specialist orders), other than contingency orders, may be placed in the electronic book only in the DJX and SPX option contract month whose prices are used to calculate the CBOE DJIA Volatility Index and VIX (together, “Volatility Index”). The option contract prices used in the Volatility Index on the final settlement date will always be the prices in the contract month immediately following the month in which there is a final settlement date for Volatility Index futures or options contracts (e.g., a June 05 final settlement date for Volatility Index futures and options contracts will use July 05 option prices to calculate the Volatility Index). Since the other option contract months are never used in the calculation of a Volatility Index on the final settlement date, Market-Maker and broker-dealer orders may not be placed in the electronic book for those months. In addition, in order to participate in the ROS opening, all orders for placement in the electronic book must be received prior to 8:28 a.m. Market-Makers not in the DJX and SPX pits and broker-dealers must electronically submit orders for placement in the electronic book for the modified ROS opening. Market-Makers in the DJX and SPX pits may submit orders for placement in the electronic book for the modified ROS opening via one of the following methods: 1. 2. 3. Submit the order to a floor broker that has access to CBOE’s Order Routing System (ORS). Submit the order through a hand-held terminal that has futures/options routing functionality (e.g., FOC, REDI). Submit a paper ticket to the Order Book Official (Note: Only paper tickets for market orders will be accepted – limit orders may not be submitted via paper ticket for placement in the electronic book for participation in the ROS opening). All Market-Maker orders should designate the Market-Maker account in the CMTA field of the order. RB4 May 4, 2005, Volume RB16, Number 18 Regulatory Circulars continued Regulatory Circular RG05-41 continued CBOE has recently implemented a system change to the modified ROS opening procedure that automatically cancels Market-Maker and broker dealer orders that are entered in the electronic book but are not executed at the opening in the option contract months whose prices are used to calculate a Volatility Index. Therefore, Market-Makers and broker dealers are no longer required to cancel these orders immediately following the opening. All other provisions related to the modified ROS opening procedure, which are summarized below, remain the same. Market-Maker Requirements in the Modified ROS Opening Procedure All Market-Makers, including LMMs, who are required to log on to ROS or RAES for the current expiration cycle are required to log on to ROS during the modified ROS opening procedure if the Market-Maker is physically present in the DJX or SPX trading crowd, as applicable. On the Wednesday of a Volatility Index futures or options contract settlement only, all DJX or SPX LMMs, as applicable, will collectively set the Autoquote values that will be used by ROS to calculate the opening prices for all series in the option contract months whose prices are used to calculate the Volatility Index. ROS contracts to trade in DJX and SPX will be assigned equally, to the greatest extent possible, to all logged-on MarketMakers, including the LMMs. LMMs are required to set Autoquote values for the modified ROS opening procedure consistent with their obligation to price option contracts fairly. In addition, members submitting orders for placement on the electronic book may not do so for the purpose of creating or inducing a false, misleading, or artificial appearance of activity or for the purpose of unduly or improperly influencing the opening price or settlement or for the purpose of making a price which does not reflect the true state of the market. Violations of these requirements are subject to disciplinary action. Signing on to ROS for the Modified ROS Opening Procedure All Market-Makers who are required to log on to ROS for the modified ROS opening procedure must do so prior to 8:28 a.m. Signing on to ROS requires a change in the Market-Maker’s profile found on the RAES signin terminal. All Market-Makers signed on to RAES that are not LMMs are signed on using the letter ‘Z’ in the field before the affected class symbol. Signing on to ROS as well as RAES requires that the letter ‘Z’ be changed to a ‘B’ for both (ROS & RAES). Prior to signing on for the day, type in the Market-Maker’s acronym and password and hit F15 once. Change the ‘Z’ in front of the necessary symbols to ‘B’ and hit F15 again. At some point after the opening and prior to the next ROS opening, Market-Makers that are not LMMs must change their profile to once again show a ‘Z’ indicating RAES only. Any questions regarding this circular may be directed to Steve Slawinski of the Regulatory Division at 312-786-7744 or Patrick Fay of the CBOE Futures Exchange at 312-786-7925. (Replaces RG05-34) May 4, 2005, Volume RB16, Number 18 RB5 Rule Changes, Interpretations and Policies APPROVED RULE CHANGE(S) The Securities and Exchange Commission (“SEC”) has approved the following change(s) to Exchange Rules pursuant to Section 19(b) of the Securities Exchange Act of 1934, as amended (“the Act”). Copies are available on the CBOE public website at www.cboe.com/ legal/effectivefiling.aspx. The effective date of the rule change is the date of approval unless otherwise noted. SR-CBOE-2005-22 RMM Inactivity Fee On April 14, 2005, the SEC approved Rule Change File No. SR-CBOE-2005-22, which filing adopts an inactivity fee to be charged against RMMs that fail to commence quoting in their appointed classes during the rollout of the RMM program (Securities Exchange Act Release No. 51542, 70 FR 20952 (April 22, 2005)). Any questions regarding the rule change may be directed to Steve Youhn, Legal Division, at 312-786-7416. The text of the amended Fee Schedule is available from the Legal Division, or can be accessed online at www.cboe.com, under the “About CBOE” link. The text of the amended rules is set forth below. New language is italicized. Rule 8.4 Remote Market-Makers (a) – (f) No change Interpretations and Policies. . . .01 Reallocation of Products Allocated to RMM for Failure to Quote: For each product for which an RMM is assessed an inactivity fee, as described in Section 22 of the Exchange’s Fee Schedule, the Exchange will reallocate the product from the RMM to another member in accordance with the requirements of Rule 8.3A. SR-CBOE-2005-23 Amended RMM Rules On April 14, 2005, the SEC approved Rule Change File No. SR-CBOE-2005-23, which filing amends CBOE’s RMM Rules to remove the Physical Trading Crowd appointment alternative and to create an “A+” tier consisting of the two most actively traded products on the Exchange. (Securities Exchange Act Release No. 51543, 70 FR 20952 (April 22, 2005)). Any questions regarding the rule change may be directed to Steve Youhn, Legal Division, at 312-786-7416. The text of the amended rules is set forth below. New language is italicized. Rule 8.3A Maximum Number of Market Participants Quoting Electronically per Product With respect to products trading on the Hybrid Trading System or on the Hybrid 2.0 Platform, the Exchange will impose an upper limit on the aggregate number of members that may quote electronically in each product ( “Class Quoting Limit” or “CQL”). (For purposes of this Rule, the term “product” refers to all options of the same single underlying security/value.) Interpretations and Policies .01 specifies the Class Quoting Limits for all products trading on Hybrid and the Hybrid 2.0 Platform. When a CQL is established for each product, the following criteria govern which members are entitled to quote electronically in that subject product. A MarketMaker (excluding an RMM and e-DPM) that is not eligible to quote electronically in a product may quote in open outcry in that product. (a) –(c) No change RB6 May 4, 2005, Volume RB16, Number 18 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-23 continued Interpretations and Policies . . . .01 Establishing the Class Quoting Limits: (a) Products Trading on the Exchange as of January 6, 2005: The CQL for all products trading on the Hybrid Trading System is twenty-five (25). The CQLs for products trading on the Hybrid 2.0 Platform are as follows: 40 for the 20% most actively-traded products over the preceding quarter, excluding “A+” tier products; 35 for the next 20% most actively-traded products; 30 for the next 20% most actively-traded products; and 25 for all other Hybrid 2.0 Platform products. (For purposes of this Rule, the term “product” refers to all options of the same single underlying security/value.) With respect to products designated as “A+” tier products, as defined in Rule 8.4(d), the CQL is 40. At the end of each calendar quarter, products (excluding “A+” tier products) will be assigned a different CQL based on the revised trading volume statistics (‘’new CQL”). The following rules apply to those products for which the new CQL decreases: (i) – (ii) No change (b) - (d) No change PROPOSED RULE CHANGE(S) Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, as amended (“the Act”), and Rule 19b-4 thereunder, the Exchange has filed the following proposed rule change(s) with the Securities and Exchange Commission (“SEC”). Copies of the rule change filing(s) are available at www.cboe.com/legal/submittedsecfilings.aspx. Members may submit written comments to the Legal Division. The effective date of a proposed rule change will be the date of approval by the SEC, unless otherwise noted. SR-CBOE-2005-31 Amended RUT Fees On April 20, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-31, which filing proposes to amend the Fee Schedule to reduce Russell 2000 (RUT) customer transaction fees and the RUT DPM and Market-Maker license fee. Any questions regarding the rule change may be directed to Jaime Galvan, Legal Division, at 312-786-7058. The text of the amended Fee Schedule is available from the Legal Division, or can be accessed online at https://www.cboe.org/publish/RegCir/RG05-039.pdf. SR-CBOE-2005-32 Amended RMM Fees On April 20, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-32, which filing proposes to amend the Fee Schedule to establish RMM transaction fees and to amend its DPM and e-DPM fixed annual fee program to include a fixed fee alternative for RMM transaction fees. Any questions regarding the rule change may be directed to Jaime Galvan, Legal Division, at 312-786-7058. The text of the amended Fee Schedule is available from the Legal Division, or can be accessed online at https://www.cboe.org/publish/RegCir/RG05039.pdf. May 4, 2005, Volume RB16, Number 18 RB7 Rule Changes, Interpretations and Policies continued SR-CBOE-2005-33 Increased Class Quoting Limits On April 21, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-33, which filing proposes to increase Class Quoting Limits (“CQLs”) in AAPL, MNX, QQQQ, and GOOG. Specifically, it proposes to increase the CQLs in these products by the following amounts: AAPL CQL increased by 4; MNX CQL increased by 4; QQQQ CQL increased by 2; and GOOG CQL increased by 3. Any questions regarding the proposed rule change may be directed to Steve Youhn, Legal Division, at 312-786-7416. SR-CBOE-2005-34 RMM Transactions Fees On April 25, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-34, which filing proposes to amend the CBOE Marketing Fee to impose the fee on transactions of RMMs. The marketing fee will be assessed at the rate of $.22 per contract on all classes of equity options, options on HOLDRs®, and options on SPDRs®. The fee will not apply to Market-Maker-to-Market-Maker transactions. Any questions regarding the proposed rule change may be directed to Andrew Spiwak, Legal Division, at 312-786-7483. SR-CBOE-2005-35 Elimination of RMM Inactivity Fee On April 26, 2005, the Exchange filed Rule Change File No. SR-CBOE-2005-35, which filing proposes to eliminate the RMM inactivity fee since the initial allocation process has ended. Any questions regarding the proposed rule change may be directed to Steve Youhn, Legal Division, at 312-786-7416. RB8 May 4, 2005, Volume RB16, Number 18