Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Block Order Mechanism, 58649-58650 [E6-16363]
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
outbound routing capabilities are in
place, the STOC System will route
certain non-IOC orders to the STOC
DPM for manual handling; (3) to clarify
proposed CBOE Rule 52.10 regarding
the Exchange’s planned order routing
arrangements; (4) to delete language
from CBOE Rule 53.56(b)(6) that allows
a STOC DPM who is acting as agent for
a customer order that is not executed on
the system because there is a better
price on another exchange to be on
parity with the customer if the customer
consents; (5) to delete portions of CBOE
Rules 52.1(d) and 53.24(b) relating to
the priority of automatically regenerated
quotations of STOC market-makers; and
(6) to make additional non-substantive
changes to the proposed rule text. These
changes do not raise any novel or
substantive regulatory issues. Therefore,
the Commission finds good cause for
approving the proposal, with these
changes, on an accelerated basis. Doing
so will help enable the Exchange to
meet the requirements of Regulation
NMS in an expeditious manner.
IV. Solicitation of Comments
Concerning Amendment No. 1
Interested persons are invited to
submit written data, views, and
arguments concerning Amendment
No. 1, including whether it is consistent
with the Act. Comments may be
submitted by any of the following
methods:
rwilkins on PROD1PC63 with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2006–70 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CBOE–2006–70. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
VerDate Aug<31>2005
14:45 Oct 03, 2006
Jkt 211001
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–CBOE–2006–70 and should
be submitted on or before October 25,
2006.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,38 that the
proposed rule change (File No. SR–
CBOE–2006–70), as amended, is
approved on an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.39
Nancy M. Morris,
Secretary.
[FR Doc. E6–16364 Filed 10–3–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54531; File No. SR–ISE–
2006–52]
Self-Regulatory Organizations;
International Securities Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to the Block Order
Mechanism
September 28, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 6, 2006, the International
Securities Exchange, Inc. (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the ISE. The ISE filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 3 and Rule 19b–
38 Id.
39 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
1 15
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
58649
4(f)(6) thereunder,4 which renders the
proposal effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is proposing to reduce
the exposure period for orders entered
into the Block Order Mechanism under
Rule 716 to three seconds. The text of
the proposed rule change is available on
the ISE’s Web site (https://
www.iseoptions.com), at the ISE’s Office
of the Secretary, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
ISE included statements concerning the
purpose of and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. The ISE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Under ISE Rule 716, members can
seek liquidity for a single-sided order of
at least fifty contracts (a ‘‘block order’’)
by entering such order into the Block
Order Mechanism. Currently, upon
entry of an order, the Block Order
Mechanism gives market participants
thirty seconds to respond with contraside trading interest.5 The ISE has
reduced the exposure period for the
other special order mechanisms
contained in Rule 716, the Facilitation
Mechanism and the Solicited Order
Mechanism, to three seconds and has
found that this is more than enough
time for market participants to respond.
4 17
CFR 240.19b–4(f)(6).
the conclusion of this time period, either an
execution occurs automatically, or the order is
cancelled. Bids (offers) on the Exchange at the time
the block order is executed that are priced higher
(lower) than the block execution price, as well as
responses that are priced higher (lower) than the
block execution price, are executed at the block
execution price. Responses, quotes and noncustomer orders at the block execution price
participate in the execution of the block order
according to the allocation method set forth in ISE
Rule 713(e). See ISE Rule 716(c).
5 At
E:\FR\FM\04OCN1.SGM
04OCN1
58650
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
Because the longer exposure period
introduces unnecessary market risk to
orders entered into the Block Order
Mechanism, the Exchange proposes to
reduce the Block Order Mechanism
exposure period to three seconds.
2. Statutory Basis
The basis under the Act for this
proposed rule change is found in
Section 6(b)(5),6 in that the proposed
rule change is designed to promote just
and equitable principles of trade,
remove impediments to and perfect the
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. In particular, the
proposed rule change will reduce
unnecessary market risk for orders
entered into the Block Order
Mechanism.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
rwilkins on PROD1PC63 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 7 and Rule 19b–
4(f)(6) thereunder.8
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
6 15
U.S.C. 78f(b)(5).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6).
VerDate Aug<31>2005
14:45 Oct 03, 2006
Jkt 211001
the date of filing.9 However, Rule 19b–
4(f)(6)(iii) 10 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
ISE provided the Commission with
written notice of its intent to file this
proposed rule change at least five
business days prior to the date of filing
of the proposed rule change. In
addition, the ISE has requested that the
Commission waive the 30-day operative
delay. The Commission has previously
stated its belief that in an electronic
environment—such as that of the ISE
options market—reducing the exposure
period for orders to three seconds could
facilitate the prompt execution of such
orders, while providing market
participants with an adequate
opportunity to compete for them.11
Thus, the Commission believes that
waiving the 30-day operative delay for
the instant proposed rule change is
consistent with the protection of
investors and the public interest. For
this reason, the Commission designates
the proposal to be effective and
operative immediately.12
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–ISE–2006–52 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–ISE–2006–52. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the ISE. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–ISE–2006–52 and should be
submitted on or before October 25,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Nancy M. Morris,
Secretary.
[FR Doc. E6–16363 Filed 10–3–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54528; File No. SR–ISE–
2006–48]
Self-Regulatory Organizations;
International Securities Exchange, Inc.
(n/k/a International Securities
Exchange, LLC); Order Approving
Proposed Rule Change and Notice of
Filing and Order Granting Accelerated
Approval of Amendment No. 1 Thereto
Relating to the Adoption of Rules To
Govern Its Electronic Trading System
for Equities
September 28, 2006.
9 17
CFR 240.19b–4(f)(6)(iii).
10 Id.
11 See, e.g., Securities Exchange Act Release Nos.
52711 (November 1, 2005), 70 FR 67508 (November
7, 2005) (SR–ISE–2004–04); 53384 (February 27,
2006), 71 FR 11280 (March 6, 2006) (SR–PCX–
2005–135); and 53567 (March 29, 2006), 71 FR
17529 (April 6, 2006) (SR–CBOE–2006–09).
12 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
I. Introduction
On August 4, 2006, the International
Securities Exchange, Inc. (n/k/a
International Securities Exchange, LLC)
(‘‘ISE’’ or ‘‘Exchange’’) 1 filed with the
13 17
CFR 200.30–3(a)(12).
September 1, 2006, the Exchange adopted a
holding company structure by forming a new parent
company, International Securities Exchange
1 On
E:\FR\FM\04OCN1.SGM
04OCN1
Agencies
[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58649-58650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16363]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54531; File No. SR-ISE-2006-52]
Self-Regulatory Organizations; International Securities
Exchange, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the Block Order Mechanism
September 28, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 6, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the ISE. The
ISE filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to reduce the exposure period for orders
entered into the Block Order Mechanism under Rule 716 to three seconds.
The text of the proposed rule change is available on the ISE's Web site
(https://www.iseoptions.com), at the ISE's Office of the Secretary, and
at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the ISE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Under ISE Rule 716, members can seek liquidity for a single-sided
order of at least fifty contracts (a ``block order'') by entering such
order into the Block Order Mechanism. Currently, upon entry of an
order, the Block Order Mechanism gives market participants thirty
seconds to respond with contra-side trading interest.\5\ The ISE has
reduced the exposure period for the other special order mechanisms
contained in Rule 716, the Facilitation Mechanism and the Solicited
Order Mechanism, to three seconds and has found that this is more than
enough time for market participants to respond.
[[Page 58650]]
Because the longer exposure period introduces unnecessary market risk
to orders entered into the Block Order Mechanism, the Exchange proposes
to reduce the Block Order Mechanism exposure period to three seconds.
---------------------------------------------------------------------------
\5\ At the conclusion of this time period, either an execution
occurs automatically, or the order is cancelled. Bids (offers) on
the Exchange at the time the block order is executed that are priced
higher (lower) than the block execution price, as well as responses
that are priced higher (lower) than the block execution price, are
executed at the block execution price. Responses, quotes and non-
customer orders at the block execution price participate in the
execution of the block order according to the allocation method set
forth in ISE Rule 713(e). See ISE Rule 716(c).
---------------------------------------------------------------------------
2. Statutory Basis
The basis under the Act for this proposed rule change is found in
Section 6(b)(5),\6\ in that the proposed rule change is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest. In particular, the proposed rule change will reduce
unnecessary market risk for orders entered into the Block Order
Mechanism.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\9\
However, Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The ISE provided the Commission with
written notice of its intent to file this proposed rule change at least
five business days prior to the date of filing of the proposed rule
change. In addition, the ISE has requested that the Commission waive
the 30-day operative delay. The Commission has previously stated its
belief that in an electronic environment--such as that of the ISE
options market--reducing the exposure period for orders to three
seconds could facilitate the prompt execution of such orders, while
providing market participants with an adequate opportunity to compete
for them.\11\ Thus, the Commission believes that waiving the 30-day
operative delay for the instant proposed rule change is consistent with
the protection of investors and the public interest. For this reason,
the Commission designates the proposal to be effective and operative
immediately.\12\
---------------------------------------------------------------------------
\9\ 17 CFR 240.19b-4(f)(6)(iii).
\10\ Id.
\11\ See, e.g., Securities Exchange Act Release Nos. 52711
(November 1, 2005), 70 FR 67508 (November 7, 2005) (SR-ISE-2004-04);
53384 (February 27, 2006), 71 FR 11280 (March 6, 2006) (SR-PCX-2005-
135); and 53567 (March 29, 2006), 71 FR 17529 (April 6, 2006) (SR-
CBOE-2006-09).
\12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-ISE-2006-52 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2006-52. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2006-52 and should be submitted on or before October
25, 2006.
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
Nancy M. Morris,
Secretary.
[FR Doc. E6-16363 Filed 10-3-06; 8:45 am]
BILLING CODE 8010-01-P