Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Rule 710, Minimum Trading Increments, 73937-73939 [E7-25208]
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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Notices
provide that a Former Employee
Director may become the Chairman of
the Board of Directors of the Exchange.
This proposed rule change will not
affect the prohibition on an ‘‘industry
representative’’ becoming Chairman of
the Board of Directors of the Exchange
as currently provided under the
Constitution.
2. Statutory Basis
The basis under the Act for this
proposed rule change is the requirement
under Section 6(b)(1) 7 that an exchange
be so organized and to have the capacity
to be able to carry out the purposes of
the Act and to comply, and (subject to
any rule or order of the Commission
pursuant to Section 17(d) 8 or 19(g)(2) of
the Act 9) to enforce compliance by its
members and persons associated with
its members, with the provisions of the
Act, the rules and regulations
thereunder and the rules of the
exchange. The Exchange also believes
this proposed rule change furthers the
objective of Section 6(b)(5) 10 that an
exchange have rules that, among other
things, are designed 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.
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
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.
mstockstill on PROD1PC66 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change is
effective upon filing pursuant to Section
19(b)(3)(A)(iii) 11 of the Act and Rule
19b–4(f)(3) 12 thereunder because it was
designated by the Exchange as
concerned solely with the
7 15
U.S.C. 78f(b)(1).
U.S.C. 78q(d).
9 15 U.S.C. 78s(g)(2).
10 15 U.S.C. 78f(b)(5).
11 15 U.S.C. 78s(b)(3)(A)(iii).
12 17 CFR 240.19b–4(f)(3).
8 15
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73937
administration of 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.
should refer to File No. SR–ISE–2007–
117 and should be submitted on or
before January 18, 2008.
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:
BILLING CODE 8011–01–P
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–2007–117 on the
subject line.
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Rule 710, Minimum
Trading Increments
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–2007–117. 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 on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of such filing will also 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
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 December
17, 2007, the International Securities
Exchange, LLC (‘‘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 substantially prepared by the
Exchange. The Exchange filed the
proposal pursuant to Section 19(b)(3)(A)
of the Act3 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.
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Fmt 4703
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–25201 Filed 12–27–07; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57019; File No. SR–ISE–
2007–120]
December 20, 2007.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
ISE proposes to amend Rule 710,
Minimum Trading Increments, to
decrease the size of the minimum
quoting and trading increments
applicable to the Exchange’s foreign
currency options (‘‘FX options’’). The
text of the proposed rule change is
available at ISE, the Commission’s
Public Reference Room, and https://
www.ise.com.
13 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).
4 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\28DEN1.SGM
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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Notices
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. 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 the
Statutory Basis for, the Proposed Rule
Change
mstockstill on PROD1PC66 with NOTICES
1. Purpose
ISE proposes to amend its Rule 710,
Minimum Trading Increments, to
decrease the size of the minimum
quoting and trading increments
applicable to the Exchange’s FX
options.5 The Exchange believes that by
reducing the minimum trading
increments applicable to ISE’s FX
options, the proposed rule change will
provide market participants with
additional trading opportunities in this
product. Further, quoting and trading in
smaller increments will enable market
participants to trade FX options with
greater precision as to price.
Currently, FX options traded on the
Exchange have minimum increments of
$0.05 or $0.10 depending on the price
at which an FX option is quoting.
Specifically, under the Exchange’s
current rules, the minimum trading
increment for an FX options contract
trading at less than $3.00 is $0.05, and
for an FX options contract trading at
$3.00 or higher, the minimum trading
increment is $0.10. The proposed
amendment to Rule 710 would set the
minimum increment for all FX options
at $0.01 regardless of the price at which
the option is quoting. Although FX
options would be trading in these
narrower increments, they would not
actually be trading in pennies6 and
5 The Exchange began trading FX options on the
Euro, the British pound, the Japanese yen and the
Canadian dollar on April 17, 2007. See Securities
Exchange Act Release No. 55575 (April 3, 2007), 72
FR 17963 (April 10, 2007) (approving SR–ISE–
2006–59).
6 The Exchange notes that ISE’s FX options have
underlying values that modify the magnitude of
traditionally quoted exchange rates that appear in
the underlying foreign currency markets. As a
result, the ‘‘rate-modified’’ FX options traded on the
Exchange are quoted to reflect the sub-penny
movements in the actual exchange rate of any
underlying currency. Since all premiums in ISE’s
FX options are quoted in U.S. Dollars, customers
will be able to trade this product in one-cent
VerDate Aug<31>2005
22:27 Dec 27, 2007
Jkt 214001
would not be considered part of the
Exchange’s pilot program currently
applicable to certain equity options.7
Currently, options on currency futures
trade in these smaller increments on the
Chicago Mercantile Exchange. Also,
currencies trade on the cash market in
these smaller increments. Further, the
Commission recently approved a
proposed rule change by the
Philadelphia Stock Exchange (‘‘Phlx’’)
permitting that exchange to trade its
U.S. dollar-settled foreign currency
options in $0.01 increments.8 As a
competitive matter, ISE seeks the
opportunity to offer market participants
those same, more refined increments.
The Exchange notes that providing these
more refined increments will permit the
Exchange’s market makers the
opportunity to provide better fills
(meaning less spread than the current
wider minimum increments rules allow)
to customers.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act in general and
furthers the objectives of Section 6(b)(5)
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, 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.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
increments. Thus, while the Exchange’s proposal
seeks to set the minimum increment for all FX
options at $0.01, the quoted values reflect much
smaller currency increments with respect to the
exchange rate of the underlying currency.
7 The penny pilot, which permits certain options
series to be quoted and traded in increments of
$0.01, began on January 26, 2007. See Securities
Exchange Act Release No. 55161 (January 24, 2007),
72 FR 4754 (February 1, 2007) (approving SR–ISE–
2006–62). The penny pilot was extended through
September 27, 2007. See Securities Exchange Act
Release No. 56151 (July 26, 2007), 72 FR 42452
(August 2, 2007) (approving SR–ISE–2007–68). The
penny pilot has been extended again through March
27, 2009. See Securities Exchange Act Release No.
56564 (September 27, 2007), 72 FR 56412 (October
3, 2007) (approving SR–ISE–2007–74). With one
exception, all series in options included in the
penny pilot trading at a price of less than $3.00 are
currently quoted and traded in minimum
increments of $0.01, and those with a price of $3.00
or higher are currently quoted and traded in
minimum increments of $0.05. A list of the options
to be included in the penny pilot was
communicated to the Exchange’s members via a
Regulatory Information Circular.
8 See Securities Exchange Act Release No. 56933
(December 7, 2007), 72 FR 71185 (December 14,
2007) (approving SR–Phlx–2007–70).
PO 00000
Frm 00182
Fmt 4703
Sfmt 4703
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 solicited
or received with respect to the proposed
rule change.
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, 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 and Rule 19b–4(f)(6) thereunder. As
required under Rule 19b–4(f)(6)(iii)
under the Act, the Exchange provided
the Commission with 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
of the filing of the proposed rule change.
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing. However, Rule 19b-4(f)(6)(iii)
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has
requested that the Commission waive
the 30-day operative delay and render
the proposed rule change to become
operative on January 2, 2008.9 The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest. Waiver of the 30-day
operative delay would enable the
Exchange to start trading FX options in
the same increments and at the same
time as Phlx. For the reasons stated
above, the Commission therefore
designates the proposal to become
operative immediately.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
9 The Exchange also may decide to start using
these smaller trading increments later than January
2, 2007. Telephone conversation between Samir M.
Patel, Assistant General Counsel, ISE, and Natasha
Cowen, Special Counsel, Division of Trading and
Markets, Commission, dated December 19, 2007.
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Notices
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
Number SR–ISE–2007–120 on the
subject line.
mstockstill on PROD1PC66 with NOTICES
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–2007–120. 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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of 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–2007–120 and should
VerDate Aug<31>2005
22:27 Dec 27, 2007
Jkt 214001
be submitted on or before January 18,
2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–25208 Filed 12–27–07; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57002; File No. SR–MSRB–
2007–07]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Rule G–14, Reports
of Sales or Purchases, to Extend the
Expiration Date of the Three-Hour
Exception to the Fifteen-Minute
Reporting Deadline
December 20, 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 November
27, 2007, the Municipal Securities
Rulemaking Board (‘‘MSRB’’ or
‘‘Board’’), filed with the Securities and
Exchange Commission (‘‘Commission’’
or ‘‘SEC’’) the proposed rule change as
described in Items I, II and III below,
which Items have been prepared by the
MSRB. The MSRB has filed the proposal
as a ‘‘non-controversial’’ rule change
pursuant to section 19(b)(3)(A)(iii) of the
Act,3 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The MSRB is filing with the
Commission a proposed rule change
consisting of an amendment to MSRB
Rule G–14, Reports of Sales or
Purchases (the ‘‘proposed rule change’’).
The proposed rule change would extend
the expiration date of the three-hour
exception to the fifteen-minute
reporting deadline for certain when, as
and if issued transactions under Rule G–
14 RTRS Procedures, paragraph
10 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)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00183
Fmt 4703
Sfmt 4703
73939
(a)(ii)(C). Under the current language of
this provision, the three-hour reporting
exception will automatically expire
December 31, 2007. The proposed rule
change provides that the three-hour
exception will expire on June 30, 2008
in order to coincide with the effective
date of other proposed changes to MSRB
rules designed to improve transaction
reporting of new issue municipal
securities. The MSRB proposes an
effective date for this proposed rule
change of December 31, 2007. The text
of the proposed rule change is available
on the MSRB’s Web site (https://
www.msrb.org), at the MSRB, 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
MSRB 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 MSRB 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
MSRB Rule G–14, on transaction
reporting, requires all brokers, dealers
and municipal securities dealers
(‘‘dealers’’) to report all transactions in
municipal securities to the MSRB RealTime Transaction Reporting System
(‘‘RTRS’’) within fifteen minutes of the
time of trade execution, with limited
exceptions. One exception listed in Rule
G–14 RTRS Procedures, paragraph (a)(ii)
is a ‘‘three-hour exception’’ that allows
a dealer three hours to report a
transaction in a when, as and if issued
(‘‘when-issued’’) security if all of the
following conditions apply: (i) The
CUSIP number and indicative data of
the issue traded are not in the securities
master file used by the dealer to process
trades for confirmations, clearance and
settlement; (ii) the dealer has not traded
the issue in the previous year; and (iii)
the dealer is not a syndicate manager or
syndicate member for the issue.
The three-hour exception was
designed to give a dealer time to add a
security to its ‘‘securities master file’’ so
that a trade can be reported through the
dealer’s automated trade processing
systems. A securities master file
E:\FR\FM\28DEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73937-73939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25208]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57019; File No. SR-ISE-2007-120]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Rule 710, Minimum Trading Increments
December 20, 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 December 17, 2007, the International Securities Exchange, LLC
(``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 substantially prepared by
the Exchange. The Exchange filed the proposal 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
ISE proposes to amend Rule 710, Minimum Trading Increments, to
decrease the size of the minimum quoting and trading increments
applicable to the Exchange's foreign currency options (``FX options'').
The text of the proposed rule change is available at ISE, the
Commission's Public Reference Room, and https://www.ise.com.
[[Page 73938]]
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. 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
ISE proposes to amend its Rule 710, Minimum Trading Increments, to
decrease the size of the minimum quoting and trading increments
applicable to the Exchange's FX options.\5\ The Exchange believes that
by reducing the minimum trading increments applicable to ISE's FX
options, the proposed rule change will provide market participants with
additional trading opportunities in this product. Further, quoting and
trading in smaller increments will enable market participants to trade
FX options with greater precision as to price.
---------------------------------------------------------------------------
\5\ The Exchange began trading FX options on the Euro, the
British pound, the Japanese yen and the Canadian dollar on April 17,
2007. See Securities Exchange Act Release No. 55575 (April 3, 2007),
72 FR 17963 (April 10, 2007) (approving SR-ISE-2006-59).
---------------------------------------------------------------------------
Currently, FX options traded on the Exchange have minimum
increments of $0.05 or $0.10 depending on the price at which an FX
option is quoting. Specifically, under the Exchange's current rules,
the minimum trading increment for an FX options contract trading at
less than $3.00 is $0.05, and for an FX options contract trading at
$3.00 or higher, the minimum trading increment is $0.10. The proposed
amendment to Rule 710 would set the minimum increment for all FX
options at $0.01 regardless of the price at which the option is
quoting. Although FX options would be trading in these narrower
increments, they would not actually be trading in pennies\6\ and would
not be considered part of the Exchange's pilot program currently
applicable to certain equity options.\7\
---------------------------------------------------------------------------
\6\ The Exchange notes that ISE's FX options have underlying
values that modify the magnitude of traditionally quoted exchange
rates that appear in the underlying foreign currency markets. As a
result, the ``rate-modified'' FX options traded on the Exchange are
quoted to reflect the sub-penny movements in the actual exchange
rate of any underlying currency. Since all premiums in ISE's FX
options are quoted in U.S. Dollars, customers will be able to trade
this product in one-cent increments. Thus, while the Exchange's
proposal seeks to set the minimum increment for all FX options at
$0.01, the quoted values reflect much smaller currency increments
with respect to the exchange rate of the underlying currency.
\7\ The penny pilot, which permits certain options series to be
quoted and traded in increments of $0.01, began on January 26, 2007.
See Securities Exchange Act Release No. 55161 (January 24, 2007), 72
FR 4754 (February 1, 2007) (approving SR-ISE-2006-62). The penny
pilot was extended through September 27, 2007. See Securities
Exchange Act Release No. 56151 (July 26, 2007), 72 FR 42452 (August
2, 2007) (approving SR-ISE-2007-68). The penny pilot has been
extended again through March 27, 2009. See Securities Exchange Act
Release No. 56564 (September 27, 2007), 72 FR 56412 (October 3,
2007) (approving SR-ISE-2007-74). With one exception, all series in
options included in the penny pilot trading at a price of less than
$3.00 are currently quoted and traded in minimum increments of
$0.01, and those with a price of $3.00 or higher are currently
quoted and traded in minimum increments of $0.05. A list of the
options to be included in the penny pilot was communicated to the
Exchange's members via a Regulatory Information Circular.
---------------------------------------------------------------------------
Currently, options on currency futures trade in these smaller
increments on the Chicago Mercantile Exchange. Also, currencies trade
on the cash market in these smaller increments. Further, the Commission
recently approved a proposed rule change by the Philadelphia Stock
Exchange (``Phlx'') permitting that exchange to trade its U.S. dollar-
settled foreign currency options in $0.01 increments.\8\ As a
competitive matter, ISE seeks the opportunity to offer market
participants those same, more refined increments. The Exchange notes
that providing these more refined increments will permit the Exchange's
market makers the opportunity to provide better fills (meaning less
spread than the current wider minimum increments rules allow) to
customers.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 56933 (December 7,
2007), 72 FR 71185 (December 14, 2007) (approving SR-Phlx-2007-70).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act in general and furthers the objectives of
Section 6(b)(5) in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, 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.
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 solicited or received with respect to the
proposed rule change.
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, 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 and
Rule 19b-4(f)(6) thereunder. As required under Rule 19b-4(f)(6)(iii)
under the Act, the Exchange provided the Commission with 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 of the filing of the proposed rule
change.
A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has requested that the Commission
waive the 30-day operative delay and render the proposed rule change to
become operative on January 2, 2008.\9\ The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Waiver of the 30-day operative delay
would enable the Exchange to start trading FX options in the same
increments and at the same time as Phlx. For the reasons stated above,
the Commission therefore designates the proposal to become operative
immediately.
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\9\ The Exchange also may decide to start using these smaller
trading increments later than January 2, 2007. Telephone
conversation between Samir M. Patel, Assistant General Counsel, ISE,
and Natasha Cowen, Special Counsel, Division of Trading and Markets,
Commission, dated December 19, 2007.
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At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate
[[Page 73939]]
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 Number SR-ISE-2007-120 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-2007-120. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of 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-2007-120 and should be
submitted on or before January 18, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-25208 Filed 12-27-07; 8:45 am]
BILLING CODE 8011-01-P
