Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Order Delivery, 29189-29191 [E7-10008]
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Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices
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rmajette on PROD1PC67 with NOTICES
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[FR Doc. E7–10048 Filed 5–23–07; 8:45 am]
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[Release No. 34–55784; File No. SR–ISE–
2007–27]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Order Delivery
May 18, 2007.
Information Collection Request (ICR)
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
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 May 16,
2007, the International Securities
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
the proposed rule change as described
in Items I and II below, which Items
have been substantially prepared by ISE.
The Exchange filed the proposal as a
‘‘non-controversial’’ proposed rule
change pursuant to Section
19(b)(3)(A)(iii) of the Act 3 and Rule
19b–4(f)(6) thereunder,4 which renders
it effective upon filing with the
Commission.5 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 ISE is proposing to amend its
rules to allow for order delivery. The
text of the proposed rule change is
available at ISE, the Commission’s
Public Reference Room, and https://
www.iseoptions.com.
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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
5 The Exchange has asked the Commission to
waive the 30-day operative delay required by Rule
19b–4(f)(6)(iii), 17 CFR 240.19b–4(f)(6)(iii). See
discussion infra Section III.
2 17
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29189
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to amend
ISE Rules to allow order delivery
Electronic Communication Networks
(‘‘ECNs’’) to display quotations on the
ISE Stock Exchange (‘‘ISE Stock’’ or
‘‘System’’). An order delivery ECN
submits quotations that are displayed on
the Exchange, while simultaneously
executing buy and sell orders internally
as agent for its subscribers. To preclude
the potential for double liability on a
single order (e.g., an order executing
internally in the ECN immediately
before the quotation that reflects such
order is executed in ISE order book), the
Exchange will first confirm the
continued availability of an order before
executing it against incoming orders. In
this context, the Commission requires
that the system that connects an
exchange facility and an ECN be of very
high reliability and speed, and that the
exchange’s rules governing order
delivery assure fast and efficient
handling of quotation updates.6
The Exchange proposes to amend ISE
Rule 2107 (the ‘‘Rule’’) to offer order
delivery to Equity Electronic Access
Members (‘‘EAMs’’) in a manner
consistent with the Commission’s
requirements. To be eligible to use the
order delivery functionality, an ECN
that is an Equity EAM must demonstrate
the ability to produce system response
times that meet or exceed the maximum
standard set by the Exchange, which
shall not exceed 100 milliseconds.7 The
System will automatically cancel a limit
order designated for order delivery
treatment if no response is received
from the Equity EAM within a time
limit established by the Exchange,
which shall not exceed 500
milliseconds. The Exchange will notify
Equity EAMs of the required response
times under the Rule by issuing a
Regulatory Information Circular.
The Exchange also proposes to further
amend the Rule to clarify that, in order
to receive an immediate execution, Fillor-Kill (‘‘FOK’’) orders will execute
against regular limit orders on the ISE
order book and will be canceled if any
portion of the FOK order would need to
6 See Question 2.04: Automated Trading Centers/
Order-Delivery ECNs, Responses to Frequently
Asked Questions Concerning Rule 611 and Rule 610
of Regulation NMS, Division of Market Regulation,
SEC (October 31, 2006).
7 ‘‘Response time’’ shall include the Exchange’s
message to the order delivery ECN, the order
delivery ECN’s response to the Exchange, and the
execution of the trade.
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Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices
execute against an order that has been
entered on an order delivery basis to
receive its fill.8 FOK orders are
immediately executed upon receipt in
their entirety at the Best Available
Price 9 or canceled. Accordingly, the
System cannot hold an FOK order for
the duration of time necessary to
confirm that the order entered on an
order delivery basis is still available. To
ensure a maximum execution rate for
FOK orders, the System, in seeking a fill
for a FOK order, will suppress time
priority for orders on the ISE order book
that have been entered on an order
delivery basis to those that are limit
orders, but will not violate price
priority. In other words, FOK orders
will only be eligible to execute against
limit orders on the ISE order book. The
following example shows how this will
work:
Assume there are the following orders
on the ISE order book in Company XYZ:
An order entered on an order delivery
basis to buy 1000 shares for 10.00, a
limit order to buy 1000 shares for 10.00,
and a limit order to buy 500 for 9.99—
and the orders were received in that
time sequence. If the ISE Stock then
receives a FOK order with a limit price
of 9.99 to sell 1000 shares of Company
XYZ, then the order will execute against
the regular limit order to buy 1000
shares for 10.00 and the order delivery
order will remain at the top of the book.
In contrast, if the ISE Stock receives a
FOK order with a limit price of 9.99 to
sell 1500 shares, the order would be
canceled because to receive the best
available price the order would need to
be filled at 10.00, which would require
an execution against the order entered
on the order delivery basis.
The above example illustrates that the
System will skip order delivery orders
with respect to time priority when doing
so will allow for an execution of a FOK
order, but will never give an inferior
execution price by ignoring the limit
price of order delivery orders.
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2. Statutory Basis
The basis under the Exchange Act for
this proposed rule change is found in
Section 6(b)(5).10 Specifically, the
Exchange believes the proposed rule
change is consistent with Section 6(b)(5)
requirements that the rules of an
exchange be designed to promote just
and equitable principles of trade, serve
to remove impediments to and perfect
the mechanism for a free and open
8 Equity EAMs should conduct a regular and
rigorous review of their order routing practices to
ensure that their orders are routing in compliance
with their best execution obligations.
9 See ISE Rule 2100(c)(3).
10 15 U.S.C. 78f(b)(5).
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15:52 May 23, 2007
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market and a national market system,
and, in general, to protect investors and
the public interest. In particular, this
filing will provide investors with more
flexibility in entering orders and
receiving executions of such orders.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
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
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited 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 (1) significantly affect
the protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for thirty days from the date
on which it was filed, or such shorter
time as the Commission may designate
if consistent with the protection of
investors and the public interest, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 11 and Rule 19b–
4(f)(6) 12 thereunder.13
A proposed rule change filed under
Commission Rule 19b–4(f)(6) 14
normally does not become operative
prior to thirty days after the date of
filing. The Exchange requests that the
Commission waive the 30-day operative
delay, as specified in Rule 19b–
4(f)(6)(iii), and designate the proposed
rule change to become operative
immediately. The Commission hereby
grants the request. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest because such waiver will enable
the Exchange to benefit investors by
affording them access, without delay, to
the additional liquidity available from
order-delivery ECNs. For these reasons,
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
13 Pursuant to Rule 19b–4(f)(6)(iii), the Exchange
gave the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date on
which the Exchange filed the proposed rule change.
See 17 CFR 240.19b–4(f)(6)(iii).
14 17 CFR 240.19b–4(f)(6).
12 17
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the Commission designates the
proposed rule change as effective upon
filing.15
At any time within 60 days of the
filing of such 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.
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
No. SR–ISE–2007–27 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 No.
SR–ISE–2007–27. 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 the filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
15 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
E:\FR\FM\24MYN1.SGM
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Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices
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
No. SR–ISE–2007–27 and should be
submitted on or before June 14, 2007.
BILLING CODE 8010–01–P
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 III below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
SECURITIES AND EXCHANGE
COMMISSION
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–10008 Filed 5–23–07; 8:45 am]
[Release No. 34–55781; File No. SR–
NASDAQ–2007–052]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Order Granting Accelerated
Approval of Proposed Rule Change to
the Trade Units of the United States
Natural Gas Fund, LP Pursuant to
Unlisted Trading Privileges
May 17, 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 May 10,
2007, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’ 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
substantially prepared by the Exchange.
This order provides notice of the
proposed rule change and approves the
proposal on an accelerated basis.
rmajette on PROD1PC67 with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Nasdaq proposes to trade, pursuant to
unlisted trading privileges (‘‘UTP’’),
units (‘‘Units’’) of the United States
Natural Gas Fund, LP (‘‘USNG’’ or the
‘‘Partnership’’).
The text of the proposed rule change
is available from Nasdaq’s Web site at
https://www.nasdaq.complinet.com, at
Nasdaq’s principal office, and at the
Commission’s Public Reference Room.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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15:52 May 23, 2007
Jkt 211001
1. Purpose
Nasdaq proposes to trade pursuant to
UTP the Units, which represent
ownership of a fractional undivided
interest in the net assets of USNG.3 The
net assets of USNG consist of
investments in futures contracts based
on natural gas, crude oil, heating oil,
gasoline, and other petroleum-based
fuels traded on the New York
Mercantile Exchange (‘‘NYMEX’’),
Intercontinental Exchange (‘‘ICE
Futures’’), or other U.S. and foreign
exchanges (collectively, ‘‘Futures
Contracts’’). USNG may also invest in
other natural-gas-related investments
such as cash-settled options on Futures
Contracts, forward contracts for natural
gas, and over-the-counter transactions
that are based on the price of natural
gas, oil, and other petroleum-based
fuels, Futures Contracts, and indices
based on the foregoing (collectively,
‘‘Other Natural Gas Related
Investments’’). Futures Contracts and
Other Natural Gas Related Investments
collectively are referred to as ‘‘Natural
Gas Interests.’’
The investment objective of USNG is
for changes in percentage terms of a
Unit’s net asset value (‘‘NAV’’) 4 to
reflect the changes in percentage terms
of the price of natural gas delivered to
the Henry Hub, Louisiana as measured
by the natural gas futures contract
traded on NYMEX (‘‘Benchmark Futures
Contract’’). The Benchmark Futures
Contract employed is the near month
expiration contract, except when the
near month contract is within two
3 USNG is commodity pool that issues Units that
may be purchased and sold on Nasdaq.
4 NAV is the total assets less total liabilities of
USNG, determined on the basis of generally
accepted accounting principles. NAV per Unit is
the NAV of USNG divided by the number of
outstanding Units.
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29191
weeks of expiration, in which case
USNG would invest in the next
expiration month. USNG invests in
Natural Gas Interests to the fullest
extent possible without being leveraged
or unable to satisfy its current or
potential margin or collateral
obligations. In pursuing this objective,
the primary focus of USNG’s investment
manager, Victoria Bay Asset
Management, LLC (‘‘General Partner’’),
is the investment in Futures Contracts
and the management of its investments
in short-term obligations of the United
States (‘‘Treasuries’’), cash equivalents,
and cash for margining purposes and as
collateral. The Commission previously
approved the original listing and trading
of the Units by the American Stock
Exchange (‘‘Amex’’).5
Issuances of the Units of USNG is
made only in baskets of 100,000 Units
(‘‘Basket’’) or multiples thereof. A
Basket is issued in exchange for
Treasuries and/or cash in an amount
equal to the NAV per Unit times
100,000 Units (‘‘Basket Amount’’). An
Authorized Purchaser 6 that wishes to
purchase a Basket must transfer the
Basket Amount to the administrator 7
(‘‘Deposit Amount’’). An Authorized
Purchaser that wishes to redeem a
Basket would receive an amount of
Treasuries and cash in exchange for
each Basket surrendered in an amount
equal to the NAV per Basket.
The daily settlement prices for the
NYMEX-traded Futures Contracts held
by USNG are publicly available on the
NYMEX Web site at https://
www.nymex.com. Nasdaq on its Web
site at https://www.nasdaq.com will
include a hyperlink to the NYMEX Web
site for the purpose of disclosing futures
contract pricing. NYMEX also provides
delayed futures information on current
and past trading sessions and market
news free of charge on its Web site. The
specific contract specifications for the
futures contracts are also available on
the NYMEX Web site and the ICE
Futures Web site at https://
www.icefutures.com.
5 See Securities Exchange Act Release No. 55632
(April 13, 2007), 72 FR 19987 (April 20, 2007)
(‘‘Amex Order’’); Securities Exchange Act Release
No. 55372 (February 28, 2007), 72 FR 10267 (March
7, 2007) (SR–Amex–2006–112) (‘‘Amex Notice’’).
6 An ‘‘Authorized Purchaser’’ is a person, who at
the time of submitting to the General Partner of
USNG an order to create or redeem one or more
Baskets, (i) Is a registered broker-dealer or other
market participant, such as a bank or other financial
institution that is exempt from broker-dealer
registration; (ii) is a Depository Trust Company
Participant; and (iii) has in effect a valid Authorized
Purchaser Agreement.
7 Under separate agreements with USNG, Brown
Brothers Harriman & Co. serves as USNG’s
administrator, registrar, transfer agent, and
custodian.
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]]>Agencies
[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29189-29191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10008]
=======================================================================
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55784; File No. SR-ISE-2007-27]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Order Delivery
May 18, 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 May 16, 2007, the International Securities Exchange, LLC (``ISE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
ISE. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon
filing with the Commission.\5\ 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)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
\5\ The Exchange has asked the Commission to waive the 30-day
operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR 240.19b-
4(f)(6)(iii). See discussion infra Section III.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The ISE is proposing to amend its rules to allow for order
delivery. The text of the proposed rule change is available at ISE, the
Commission's Public Reference Room, and https://www.iseoptions.com.
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
The purpose of this filing is to amend ISE Rules to allow order
delivery Electronic Communication Networks (``ECNs'') to display
quotations on the ISE Stock Exchange (``ISE Stock'' or ``System''). An
order delivery ECN submits quotations that are displayed on the
Exchange, while simultaneously executing buy and sell orders internally
as agent for its subscribers. To preclude the potential for double
liability on a single order (e.g., an order executing internally in the
ECN immediately before the quotation that reflects such order is
executed in ISE order book), the Exchange will first confirm the
continued availability of an order before executing it against incoming
orders. In this context, the Commission requires that the system that
connects an exchange facility and an ECN be of very high reliability
and speed, and that the exchange's rules governing order delivery
assure fast and efficient handling of quotation updates.\6\
---------------------------------------------------------------------------
\6\ See Question 2.04: Automated Trading Centers/Order-Delivery
ECNs, Responses to Frequently Asked Questions Concerning Rule 611
and Rule 610 of Regulation NMS, Division of Market Regulation, SEC
(October 31, 2006).
---------------------------------------------------------------------------
The Exchange proposes to amend ISE Rule 2107 (the ``Rule'') to
offer order delivery to Equity Electronic Access Members (``EAMs'') in
a manner consistent with the Commission's requirements. To be eligible
to use the order delivery functionality, an ECN that is an Equity EAM
must demonstrate the ability to produce system response times that meet
or exceed the maximum standard set by the Exchange, which shall not
exceed 100 milliseconds.\7\ The System will automatically cancel a
limit order designated for order delivery treatment if no response is
received from the Equity EAM within a time limit established by the
Exchange, which shall not exceed 500 milliseconds. The Exchange will
notify Equity EAMs of the required response times under the Rule by
issuing a Regulatory Information Circular.
---------------------------------------------------------------------------
\7\ ``Response time'' shall include the Exchange's message to
the order delivery ECN, the order delivery ECN's response to the
Exchange, and the execution of the trade.
---------------------------------------------------------------------------
The Exchange also proposes to further amend the Rule to clarify
that, in order to receive an immediate execution, Fill-or-Kill
(``FOK'') orders will execute against regular limit orders on the ISE
order book and will be canceled if any portion of the FOK order would
need to
[[Page 29190]]
execute against an order that has been entered on an order delivery
basis to receive its fill.\8\ FOK orders are immediately executed upon
receipt in their entirety at the Best Available Price \9\ or canceled.
Accordingly, the System cannot hold an FOK order for the duration of
time necessary to confirm that the order entered on an order delivery
basis is still available. To ensure a maximum execution rate for FOK
orders, the System, in seeking a fill for a FOK order, will suppress
time priority for orders on the ISE order book that have been entered
on an order delivery basis to those that are limit orders, but will not
violate price priority. In other words, FOK orders will only be
eligible to execute against limit orders on the ISE order book. The
following example shows how this will work:
---------------------------------------------------------------------------
\8\ Equity EAMs should conduct a regular and rigorous review of
their order routing practices to ensure that their orders are
routing in compliance with their best execution obligations.
\9\ See ISE Rule 2100(c)(3).
---------------------------------------------------------------------------
Assume there are the following orders on the ISE order book in
Company XYZ: An order entered on an order delivery basis to buy 1000
shares for 10.00, a limit order to buy 1000 shares for 10.00, and a
limit order to buy 500 for 9.99--and the orders were received in that
time sequence. If the ISE Stock then receives a FOK order with a limit
price of 9.99 to sell 1000 shares of Company XYZ, then the order will
execute against the regular limit order to buy 1000 shares for 10.00
and the order delivery order will remain at the top of the book. In
contrast, if the ISE Stock receives a FOK order with a limit price of
9.99 to sell 1500 shares, the order would be canceled because to
receive the best available price the order would need to be filled at
10.00, which would require an execution against the order entered on
the order delivery basis.
The above example illustrates that the System will skip order
delivery orders with respect to time priority when doing so will allow
for an execution of a FOK order, but will never give an inferior
execution price by ignoring the limit price of order delivery orders.
2. Statutory Basis
The basis under the Exchange Act for this proposed rule change is
found in Section 6(b)(5).\10\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(5) requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest. In
particular, this filing will provide investors with more flexibility in
entering orders and receiving executions of such orders.
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\10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not 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
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited 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 (1)
significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for thirty days from the date on which it was filed,
or such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) \12\ thereunder.\13\
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ Pursuant to Rule 19b-4(f)(6)(iii), the Exchange gave the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change. See 17 CFR 240.19b-
4(f)(6)(iii).
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A proposed rule change filed under Commission Rule 19b-4(f)(6) \14\
normally does not become operative prior to thirty days after the date
of filing. The Exchange requests that the Commission waive the 30-day
operative delay, as specified in Rule 19b-4(f)(6)(iii), and designate
the proposed rule change to become operative immediately. The
Commission hereby grants the request. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will enable the
Exchange to benefit investors by affording them access, without delay,
to the additional liquidity available from order-delivery ECNs. For
these reasons, the Commission designates the proposed rule change as
effective upon filing.\15\
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\14\ 17 CFR 240.19b-4(f)(6).
\15\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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At any time within 60 days of the filing of such 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.
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-ISE-2007-27 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 No. SR-ISE-2007-27. 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 the filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted
[[Page 29191]]
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 No. SR-ISE-2007-27 and should
be submitted on or before June 14, 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. E7-10008 Filed 5-23-07; 8:45 am]
BILLING CODE 8010-01-P
