Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Dividend, Merger, and Short Stock Interest Strategies Fee Cap Program, 9828-9830 [E7-3763]
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9828
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices
applicable to each series of CDOs. OCC
would have discretion to reduce the
requirement to something less than
100% if research, analysis, and
experience suggest that a lower
percentage is sufficient. Initially, long
positions in CDOs will be valued at zero
and will provide no offset against
margin requirements on the shorts.
Again, based on research, analysis, and
experience, OCC may determine to give
some value to the longs. Ultimately,
CDOs will be incorporated into the
STANS system and valued and will be
margined on a risk basis.
OCC does not propose to accept
escrow deposits in lieu of clearing
margin for binary options. Therefore,
Rule 1506 states that Rule 610, which
otherwise would permit such deposits,
does not apply to binary options.
erjones on PRODPC74 with NOTICES
7. Acceleration of Expiration Date—Rule
1507
This provision permits OCC to
accelerate the expiration date of a binary
option when the value of the underlying
interest has become fixed (e.g., where a
stock underlying a binary option has
been converted by a merger into the
right to receive a fixed amount of cash).
If the value of the underlying interest
does not meet the specified criterion for
automatic exercise, it will expire
unexercised. Otherwise, it will be
automatically exercised.
The proposed changes to OCC’s ByLaws and Rules are consistent with the
purposes and requirements of Section
17A of the Act, as amended, because
they are designed to promote the
prompt and accurate clearance and
settlement of transactions in, including
exercises of, credit default options and
other binary options, and to foster
cooperation and coordination with
persons engaged in the clearance and
settlement of such transactions, to
remove impediments to and perfect the
mechanism of a national system for the
prompt and accurate clearance and
settlement of such transactions, and, in
general, to protect investors and the
public interest. They accomplish these
purposes by applying substantially the
same rules and procedures to binary
options and specifically CDOs as OCC
applies to similar transactions in other
cash-settled options. Other than as
described in this Item II, the proposed
rule change is not inconsistent with the
existing rules of OCC, including rules
proposed to be amended.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
OCC does not believe that the
proposed rule change would impose any
burden on competition.
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(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change, and none
have been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within thirty-five days of the date of
publication of this notice in the Federal
Register or within such longer period:
(i) As the Commission may designate up
to ninety days of such date if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve such proposed
rule change or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
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
Section, 100 F Street, NE., Washington,
DC 20549. The text of the proposed rule
change is available at OCC, the
Commission’s Public Reference Room,
and https://www.theocc.com/
publications/rules/proposed_changes/
sr_occ_07_01.pdf. 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–OCC–
2007–01 and should be submitted on or
before March 26, 2007.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–3773 Filed 3–2–07; 8:45 am]
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:
BILLING CODE 8010–01–P
Electronic Comments
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Extending the Dividend,
Merger, and Short Stock Interest
Strategies Fee Cap Program
• 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–OCC–2007–01 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55358; File No. SR–Phlx–
2007–14]
February 27, 2007.
Paper Comments
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
• Send paper comments in triplicate
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
to Nancy M. Morris, Secretary,
notice is hereby given that on February
Securities and Exchange Commission,
21, 2007, the Philadelphia Stock
100 F Street, NE., Washington, DC
Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’)
20549–1090.
filed with the Securities and Exchange
All submissions should refer to File
Commission (‘‘Commission’’) the
Number SR–OCC–2007–01. This file
proposed rule change as described in
number should be included on the
Items I, II, and III below, which Items
subject line if e-mail is used. To help the
have been substantially prepared by the
Commission process and review your
Exchange. Phlx has designated this
comments more efficiently, please use
proposal as one establishing or changing
only one method. The Commission will
a due, fee, or other charge imposed by
post all comments on the Commission’s
a self-regulatory organization pursuant
Internet Web site (https://www.sec.gov/
to Section 19(b)(3)(A)(ii) of the Act 3 and
rules/sro.shtml). Copies of the
Rule 19b–4(f)(2) thereunder,4 which
submission, all subsequent
amendments, all written statements
7 17 CFR 200.30–3(a)(12).
with respect to the proposed rule
1 15 U.S.C. 78s(b)(1).
change that are filed with the
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
Commission, and all written
4 17 CFR 240.19b–4(f)(2).
communications relating to the
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Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices
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
Phlx proposes to extend for a period
of one year, until March 1, 2008, the
pilot programs for: (1) The $1,000 and
$25,000 fee caps on equity option
transaction and comparison charges on
dividend,5 merger,6 and short stock
interest 7 strategies; and (2) the license
fee of $0.05 per contract side imposed
on dividend and short stock interest
strategies, as described below. The
current fee caps and $0.05 per contract
side license fee are in effect as a pilot
program that is scheduled to expire on
March 1, 2007.8 Other than extending
the pilot program for an additional oneyear period until March 1, 2008, no
other changes to the Exchange’s current
dividend, merger and short stock
interest strategy program, which
includes the $0.05 per contract side
license fee, are being proposed at this
time.
The text of the proposed rule change
is available on the Exchange’s Web site
(https://www.phlx.com/exchange/
phlx_rule_fil.html), at the Exchange’s
principal office, 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
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
erjones on PRODPC74 with NOTICES
5 For
purposes of this proposal, the Exchange
defines a ‘‘dividend strategy’’ as transactions done
to achieve a dividend arbitrage involving the
purchase, sale, and exercise of in-the-money
options of the same class, executed prior to the date
on which the underlying stock goes ex-dividend.
See, e.g., Securities Exchange Act Release No.
54174 (July 19, 2006), 71 FR 42156 (July 25, 2006)
(SR–Phlx–2006–40).
6 For purposes of this proposal, the Exchange
defines a ‘‘merger strategy’’ as transactions done to
achieve a merger arbitrage involving the purchase,
sale and exercise of options of the same class and
expiration date, executed prior to the date on which
shareholders of record are required to elect their
respective form of consideration, i.e., cash or stock.
Id.
7 For purposes of this proposal, the Exchange
defines a ‘‘short stock interest strategy’’ as
transactions done to achieve a short stock interest
arbitrage involving the purchase, sale and exercise
of in-the-money options of the same class. Id.
8 See Securities Exchange Act Release Nos. 54381
(August 29, 2006), 71 FR 52598 (September 6, 2006)
(SR–Phlx–2006–50) and 54424 (September 11,
2006), 71 FR 54699 (September 18, 2006) (SR–Phlx–
2006–55).
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15:17 Mar 02, 2007
Jkt 211001
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
Exchange 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
Currently, the Exchange imposes a fee
cap on equity option transaction and
comparison charges on dividend,
merger, and short stock interest
strategies executed on the same trading
day in the same options class.
Specifically, Registered Options Trader
(‘‘ROT’’) and specialist net equity option
transaction and comparison charges are
capped at $1,000 for dividend, merger,
and short stock interest strategies
executed on the same trading day in the
same options class.9 In addition, there is
a $25,000 per member organization fee
cap on equity option transaction and
comparison charges incurred in one
month for dividend, merger, and short
stock interest strategies combined. The
$1,000 and $25,000 fee caps are
implemented after any applicable
rebates are applied to ROT and
specialist equity option transaction and
comparison charges occurring as part of
a dividend, merger, or short stock
interest strategy.10
In addition, the Exchange assesses a
license fee of $0.05 per contract side for
dividend and short stock interest
strategies in connection with certain
products that carry license fees, if
applicable.11 The applicable license fee
is assessed on every transaction and is
not subject to the $1,000 or $25,000 fee
caps described above, nor does it count
towards reaching the $1,000 or $25,000
fee caps.
The Exchange represents that the
purpose of extending the pilot program
for the fee caps on equity option
transaction and comparison charges on
dividend, merger, and short stock
interest strategies and the $0.05 per
contract fee imposed on dividend and
short stock interest strategies until
March 1, 2008 is to continue to attract
9 See Securities Exchange Act Release No. 54424
(September 11, 2006), 71 FR 54699 (September 18,
2006) (SR–Phlx–2006–55).
10 Currently, the Exchange rebates $0.08 per
contract side for ROT executions and $0.07 per
contract side for trades occurring as part of a
dividend, merger, or short stock interest strategy.
11 For a complete list of these product symbols,
see the Exchange’s $60,000 Firm-Related Equity
Option and Index Option Cap Fee Schedule.
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9829
additional liquidity to the Exchange and
to remain competitive with other
options exchanges in connection with
these types of options strategies. In
addition, the Exchange also represents
that the purpose of extending the pilot
is to recoup the license fees owed in
connection with the trading of products
that carry license fees. Even with the
assessment of the $0.05 license fee per
contract side, the Exchange believes that
the fee caps and rebates should continue
to encourage specialists and ROTs to
provide liquidity for these types of
options strategies.
This proposal is scheduled to become
effective for trades settling on or after
March 1, 2007 and will remain in effect
as a pilot program until March 1, 2008.
2. Statutory Basis
The Exchange believes that its
proposal to amend its schedule of fees
is consistent with Section 6(b) of the
Act,12 in general, and furthers the
objectives of Section 6(b)(4) of the Act,13
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act 14 and
Rule 19b–4(f)(2) thereunder 15 because it
establishes or changes a due, fee, or
other charge imposed by the Exchange.
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.
12 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
14 15 U.S.C. 78s(b)(3)(A)(ii).
15 17 CFR 19b–4(f)(2).
13 15
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9830
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices
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:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–3763 Filed 3–2–07; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
Emergence Capital Partners SBIC, L.P.
License No. 09/79–0454; Notice
Seeking Exemption Under Section 312
of the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that Emergence
Capital Partners SBIC, L.P., 160 Bovet
Road, Suite 300, San Mateo, CA 94402,
• Send paper comments in triplicate
a Federal Licensee under the Small
to Nancy M. Morris, Secretary,
Business Investment Act of 1958, as
Securities and Exchange Commission,
amended (‘‘the Act’’), in connection
Station Place, 100 F Street, NE.,
with the financing of a small concern,
Washington, DC 20549–1090.
has sought an exemption under Section
312 of the Act and Section 107.730,
All submissions should refer to File
Financings Which Constitute Conflicts
Number SR–Phlx–2007–14. This file
of Interest of the Small Business
number should be included on the
subject line if e-mail is used. To help the Administration (‘‘SBA’’) Rules and
Regulations (13 CFR 107.730).
Commission process and review your
Emergence Capital Partners SBIC, L.P.
comments more efficiently, please use
only one method. The Commission will proposes to provide equity/debt security
financing to Intacct Corporation
post all comments on the Commissions
(‘‘Intacct’’), 125 S. Market Street, Suite
Internet Web site (https://www.sec.gov/
600, San Jose, CA 95113. The financing
rules/sro.shtml). Copies of the
is contemplated to bridge the company’s
submission, all subsequent
operations until either the round of
amendments, all written statements
equity is raised or a sale occurs.
with respect to the proposed rule
change that are filed with the
The financing is brought within the
Commission, and all written
purview of § 107.730(a)(1) of the
communications relating to the
Regulations because Emergence Capital
proposed rule change between the
Partners, L.P. and Emergence Capital
Commission and any person, other than Associates, L.P., all Associates of
those that may be withheld from the
Emergence Capital Partners SBIC, L.P.,
public in accordance with the
own more than ten percent of Intacct,
provisions of 5 U.S.C. 552, will be
and therefore Intacct is considered an
available for inspection and copying in
Associate of Emergence Capital Partners
the Commission’s Public Reference
SBIC, L.P. as detailed in § 107.50 of the
Room. Copies of the filing also will be
Regulations.
available for inspection and copying at
Notice is hereby given that any
the principal office of Phlx. All
interested person may submit written
comments received will be posted
comments on the transaction to the
without change; the Commission does
Associate Administrator for Investment,
not edit personal identifying
U.S. Small Business Administration,
information from submissions. You
409 Third Street, SW., Washington, DC
should submit only information that
20416.
you wish to make available publicly. All
Dated: January 11, 2007.
submissions should refer to File
´
Jaime Guzman-Fournier,
Number SR–Phlx–2007–14 and should
be submitted on or before March 26,
Associate Administrator for Investment .
2007.
[FR Doc. E7–3785 Filed 3–2–07; 8:45 am]
erjones on PRODPC74 with NOTICES
Paper Comments
BILLING CODE 8025–01–P
16 17
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15:17 Mar 02, 2007
Jkt 211001
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CFR 200.30–3(a)(12).
Frm 00106
Fmt 4703
[Disaster Declaration # 10818]
Pennsylvania Disaster # PA–00009
Sfmt 4703
Small Business Administration.
Notice.
AGENCY:
ACTION:
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
No. SR–Phlx–2007–14 on the subject
line.
SMALL BUSINESS ADMINISTRATION
SUMMARY: This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the Commonwealth of Pennsylvania
(FEMA–1684–DR), dated 02/23/2007.
Incident: Severe Storms and Flooding.
Incident Period: 11/16/2006 through
11/17/2006.
Effective Date: 02/23/2007.
Physical Loan Application Deadline
Date: 04/24/2007.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
02/23/2007, Private Non-Profit
organizations that provide essential
services of a governmental nature may
file disaster loan applications at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties:
Bradford, Lackawanna, Luzerne,
Sullivan, Susquehanna, Wayne,
Wyoming.
The Interest Rates are:
Percent
Other (Including Non-Profit Organizations) With Credit Available
Elsewhere .................................
Businesses And Non-Profit Organizations Without Credit Available Elsewhere .........................
5.250
4.000
The number assigned to this disaster
for physical damage is 10818.
(Catalog of Federal Domestic Assistance
Number 59008.)
Herbert L. Mitchell,
Associate Administrator for Disaster
Assistance.
[FR Doc. E7–3783 Filed 3–2–07; 8:45 am]
BILLING CODE 8025–01–P
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]]>Agencies
[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Notices]
[Pages 9828-9830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3763]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55358; File No. SR-Phlx-2007-14]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Dividend, Merger, and Short Stock Interest Strategies Fee
Cap Program
February 27, 2007.
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 February 21, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. Phlx has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by a self-regulatory
organization pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which
[[Page 9829]]
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)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Phlx proposes to extend for a period of one year, until March 1,
2008, the pilot programs for: (1) The $1,000 and $25,000 fee caps on
equity option transaction and comparison charges on dividend,\5\
merger,\6\ and short stock interest \7\ strategies; and (2) the license
fee of $0.05 per contract side imposed on dividend and short stock
interest strategies, as described below. The current fee caps and $0.05
per contract side license fee are in effect as a pilot program that is
scheduled to expire on March 1, 2007.\8\ Other than extending the pilot
program for an additional one-year period until March 1, 2008, no other
changes to the Exchange's current dividend, merger and short stock
interest strategy program, which includes the $0.05 per contract side
license fee, are being proposed at this time.
---------------------------------------------------------------------------
\5\ For purposes of this proposal, the Exchange defines a
``dividend strategy'' as transactions done to achieve a dividend
arbitrage involving the purchase, sale, and exercise of in-the-money
options of the same class, executed prior to the date on which the
underlying stock goes ex-dividend. See, e.g., Securities Exchange
Act Release No. 54174 (July 19, 2006), 71 FR 42156 (July 25, 2006)
(SR-Phlx-2006-40).
\6\ For purposes of this proposal, the Exchange defines a
``merger strategy'' as transactions done to achieve a merger
arbitrage involving the purchase, sale and exercise of options of
the same class and expiration date, executed prior to the date on
which shareholders of record are required to elect their respective
form of consideration, i.e., cash or stock. Id.
\7\ For purposes of this proposal, the Exchange defines a
``short stock interest strategy'' as transactions done to achieve a
short stock interest arbitrage involving the purchase, sale and
exercise of in-the-money options of the same class. Id.
\8\ See Securities Exchange Act Release Nos. 54381 (August 29,
2006), 71 FR 52598 (September 6, 2006) (SR-Phlx-2006-50) and 54424
(September 11, 2006), 71 FR 54699 (September 18, 2006) (SR-Phlx-
2006-55).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site (https://www.phlx.com/exchange/phlx_rule_fil.html), at the
Exchange's principal office, 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 Exchange 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 Exchange 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
Currently, the Exchange imposes a fee cap on equity option
transaction and comparison charges on dividend, merger, and short stock
interest strategies executed on the same trading day in the same
options class. Specifically, Registered Options Trader (``ROT'') and
specialist net equity option transaction and comparison charges are
capped at $1,000 for dividend, merger, and short stock interest
strategies executed on the same trading day in the same options
class.\9\ In addition, there is a $25,000 per member organization fee
cap on equity option transaction and comparison charges incurred in one
month for dividend, merger, and short stock interest strategies
combined. The $1,000 and $25,000 fee caps are implemented after any
applicable rebates are applied to ROT and specialist equity option
transaction and comparison charges occurring as part of a dividend,
merger, or short stock interest strategy.\10\
---------------------------------------------------------------------------
\9\ See Securities Exchange Act Release No. 54424 (September 11,
2006), 71 FR 54699 (September 18, 2006) (SR-Phlx-2006-55).
\10\ Currently, the Exchange rebates $0.08 per contract side for
ROT executions and $0.07 per contract side for trades occurring as
part of a dividend, merger, or short stock interest strategy.
---------------------------------------------------------------------------
In addition, the Exchange assesses a license fee of $0.05 per
contract side for dividend and short stock interest strategies in
connection with certain products that carry license fees, if
applicable.\11\ The applicable license fee is assessed on every
transaction and is not subject to the $1,000 or $25,000 fee caps
described above, nor does it count towards reaching the $1,000 or
$25,000 fee caps.
---------------------------------------------------------------------------
\11\ For a complete list of these product symbols, see the
Exchange's $60,000 Firm-Related Equity Option and Index Option Cap
Fee Schedule.
---------------------------------------------------------------------------
The Exchange represents that the purpose of extending the pilot
program for the fee caps on equity option transaction and comparison
charges on dividend, merger, and short stock interest strategies and
the $0.05 per contract fee imposed on dividend and short stock interest
strategies until March 1, 2008 is to continue to attract additional
liquidity to the Exchange and to remain competitive with other options
exchanges in connection with these types of options strategies. In
addition, the Exchange also represents that the purpose of extending
the pilot is to recoup the license fees owed in connection with the
trading of products that carry license fees. Even with the assessment
of the $0.05 license fee per contract side, the Exchange believes that
the fee caps and rebates should continue to encourage specialists and
ROTs to provide liquidity for these types of options strategies.
This proposal is scheduled to become effective for trades settling
on or after March 1, 2007 and will remain in effect as a pilot program
until March 1, 2008.
2. Statutory Basis
The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act,\12\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \14\ and Rule 19b-4(f)(2) thereunder
\15\ because it establishes or changes a due, fee, or other charge
imposed by the Exchange. 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.
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\14\ 15 U.S.C. 78s(b)(3)(A)(ii).
\15\ 17 CFR 19b-4(f)(2).
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[[Page 9830]]
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 No. SR-Phlx-2007-14 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-Phlx-2007-14. 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 Commissions 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 the filing also will be
available for inspection and copying at the principal office of Phlx.
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-Phlx-2007-14
and should be submitted on or before March 26, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3763 Filed 3-2-07; 8:45 am]
BILLING CODE 8010-01-P
