Overseas Security Advisory Council (OSAC) Meeting Notice; Closed Meeting, 4555 [E7-1527]
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Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices
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Exchange’s disseminated bid or offer
decreases; or (3) the size associated with
the Exchange’s bid (offer) increases by
an amount greater than or equal to a
percentage (never to exceed 20%) of the
size associated with the previously
disseminated bid (offer). Such
percentage, which would never exceed
20%, would be determined on an issueby-issue basis by the Exchange and
announced to membership via Exchange
circular. The percentage size increase
necessary to give rise to a refreshed
quote may vary from issue to issue,
depending, without limitation, on the
liquidity, average volume, and average
number of quotations submitted in the
issue. Proposed Phlx Rule 1082(b)(ii)(C)
would not be limited to options
included in the pilot, and would apply
to all options traded on the Exchange.
The Exchange represents that
participants on its system would not be
notified of any incremental increase in
the size of the Exchange’s quote under
proposed Phlx Rule 1082(a)(ii)(C)(3)
until such quote is disseminated to
OPRA. Therefore, no participant on the
Exchange’s system would have
information that is unavailable to
another participant.
III. Discussion
After careful review of the proposal,
the Commission finds that the proposed
rule change, as modified by Amendment
Nos. 1 and 2, is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.10 In
particular, the Commission finds that
the proposal is consistent with Section
6(b)(5) of the Act,11 which requires,
among other things, that the rules of an
exchange be designed to promote just
and equitable principles of trade, to
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.
The Commission believes that the
implementation of a limited six-month
Penny Pilot Program by Phlx and the
five other options exchanges will
provide valuable information to the
exchanges, the Commission and others
about the impact of penny quoting in
the options market. In particular, the
Penny Pilot Program will allow analysis
of the impact of penny quoting on: (1)
Spreads; (2) transaction costs; (3)
payment for order flow; and (4) quote
message traffic.
10 In approving this proposed rule change the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
11 15 U.S.C. 78f(b)(5).
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The Commission believes that the
thirteen options classes to be included
in the penny pilot program represent a
diverse group of options classes with
varied trading characteristics. This
diversity should facilitate analyses by
the Commission, the options exchanges
and others. The Commission also
believes that the Penny Pilot Program is
sufficiently limited that it is unlikely to
increase quote message traffic beyond
the capacity of market participants’
systems and disrupt the timely receipt
of quote information.
Nevertheless, because the
Commission expects that the Penny
Pilot Program will increase quote
message traffic, the Commission is
simultaneously approving the
Exchange’s proposals to reduce the
number of quotations it disseminates.12
In addition, the Commission believes
that Phlx’s proposed deletion of Phlx
Rule 1080(c)(iv)(A) and proposed
conforming changes to Phlx Rule
1085(b)(10) is consistent with the Act
and will facilitate the prompt resolution
of crossed markets by permitting
automatic executions when the
Exchange’s disseminated market is the
NBBO and is crossed, or crosses the
disseminated market of another options
exchange, regardless of the amount by
which the market is crossed.13
Finally, the Commission believes that
it is consistent with the Act for Phlx to
update its rule governing Zero-Bid
Options Series to provide that the
system will convert such orders to limit
12 In addition to the quote mitigation proposal
discussed herein, Phlx also proposed other quote
mitigation strategies. See e.g., Securities Exchange
Act Release No. 54648 (October 24, 2006), 71 FR
63375 (October 30, 2006) (SR–Phlx–2006–52); No.
54807 (November 21, 2006), 71 FR 69173
(November 29, 2006) (SR–Phlx–2006–53); 54859
(December 1, 2006), 71 FR 71605 (December 11,
2006) (SR–Phlx–2006–51); 54914 (December 11,
2006), 71 FR 75798 (December 18, 2006) (SR–Phlx–
2006–81).
13 The exemption Phlx received from the
requirement under Rule 608(c) of Regulation NMS
that Phlx comply, and enforce compliance by its
members, with Section 8(c) of Linkage Plan
regarding trade-throughs on March 8, 2006 (see note
9, supra) was limited to transactions when the
market was crossed by one minimum trading
increment. Therefore, Phlx submitted an exemption
request to expand the scope of the exemption to
include trade-throughs resulting from automatic
executions while the Exchange’s disseminated
market is crossed, or crosses the disseminated
market of another options exchange, and the
Exchange’s disseminated price on the opposite side
of the market for the incoming order establishes, or
is equal to, the NBBO, regardless of the amount by
which the market is crossed. See letter from Richard
S. Rudolph, Vice President and Counsel, Chairman
and Chief Executive Officer, Phlx, to Nancy M.
Morris, Secretary, Commission, dated January 19,
2006. The Commission granted this exemption
request on January 23, 2007. See letter from
Elizabeth K. King, Associate Director, Commission,
to Richard S. Rudolph, Vice President and Counsel,
Phlx, dated January 23, 2006.
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4555
orders to sell with a limit price of the
minimum quoting increment applicable
to such series, in order that options
quoted and traded in minimum
increments of $0.01 pursuant to the
Penny Pilot Program would convert to a
limit order to sell at $0.01, rather than
$0.05.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,14 that the
proposed rule change (SR–Phlx–2006–
74), as modified by Amendment Nos. 1
and 2, be, and hereby is, approved on
a six month pilot basis, which will
commence on January 26, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–1508 Filed 1–30–07; 8:45 am]
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DEPARTMENT OF STATE
[Public Notice 5670]
Overseas Security Advisory Council
(OSAC) Meeting Notice; Closed
Meeting
The Department of State announces a
meeting of the U.S. State Department—
Overseas Security Advisory Council on
February 22, 2007 at the Boeing
Company, Arlington, Virginia. Pursuant
to Section 10 (d) of the Federal Advisory
Committee Act and 5 U.S.C. 552b(c)(4),
it has been determined that the meeting
will be closed to the public. The
meeting will focus on an examination of
corporate security policies and
procedures and will involve extensive
discussion of proprietary commercial
and financial information that is
considered privileged and confidential.
The agenda will include updated
committee reports, a global threat
overview, and other matters relating to
private sector security policies and
protective programs and the protection
of U.S. business information overseas.
For more information, contact Marsha
Thurman, Overseas Security Advisory
Council, Department of State,
Washington, DC 20522–2008, phone:
571–345–2214.
Dated: January 17, 2007.
Joe D. Morton,
Director of the Diplomatic Security Service,
Department of State.
[FR Doc. E7–1527 Filed 1–30–07; 8:45 am]
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14 15
15 17
E:\FR\FM\31JAN1.SGM
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
31JAN1
Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Notices]
[Page 4555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1527]
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DEPARTMENT OF STATE
[Public Notice 5670]
Overseas Security Advisory Council (OSAC) Meeting Notice; Closed
Meeting
The Department of State announces a meeting of the U.S. State
Department--Overseas Security Advisory Council on February 22, 2007 at
the Boeing Company, Arlington, Virginia. Pursuant to Section 10 (d) of
the Federal Advisory Committee Act and 5 U.S.C. 552b(c)(4), it has been
determined that the meeting will be closed to the public. The meeting
will focus on an examination of corporate security policies and
procedures and will involve extensive discussion of proprietary
commercial and financial information that is considered privileged and
confidential. The agenda will include updated committee reports, a
global threat overview, and other matters relating to private sector
security policies and protective programs and the protection of U.S.
business information overseas.
For more information, contact Marsha Thurman, Overseas Security
Advisory Council, Department of State, Washington, DC 20522-2008,
phone: 571-345-2214.
Dated: January 17, 2007.
Joe D. Morton,
Director of the Diplomatic Security Service, Department of State.
[FR Doc. E7-1527 Filed 1-30-07; 8:45 am]
BILLING CODE 4710-43-P