Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify Trading Hours for Physical Delivery FCOs, 8735-8736 [E8-2751]

Download as PDF Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / 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. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–57277; File No. SR–Phlx– 2008–09] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate All submissions should refer to File Effectiveness of Proposed Rule Number SR–NYSE–2008–12. This file Change to Modify Trading Hours for number should be included on the subject line if e-mail is used. To help the Physical Delivery FCOs Commission process and review your February 6, 2008. comments more efficiently, please use Pursuant to Section 19(b)(1) of the only one method. The Commission will Securities Exchange Act of 1934 post all comments on the Commission’s (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Internet Web site (https://www.sec.gov/ notice is hereby given that on February rules/sro/shtml). Copies of the 1, 2008, the Philadelphia Stock submission, all subsequent Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) amendments, all written statements filed with the Securities and Exchange Commission (‘‘Commission’’) the with respect to the proposed rule proposed rule change as described in change that are filed with the Items I, II, and III below, which Items Commission, and all written have been substantially prepared by the communications relating to the Phlx. The Exchange has designated this proposed rule change between the Commission and any person, other than proposal as constituting a stated policy, practice, or interpretation with respect those that may be withheld from the to the meaning, administration, or public in accordance with the enforcement of an existing rule under provisions of 5 U.S.C. 552, will be Section 19(b)(3)(A)(i) of the Act 3 and available for inspection and copying in Rule 19b–4(f)(1) thereunder,4 which the Commission’s Public Reference renders the proposal effective upon Room, 100 F Street NE., Washington, DC filing with the Commission. The 20549, on official business days Commission is publishing this notice to between the hours of 10 a.m. and 3 p.m. solicit comments on the proposed rule Copies of such filing will also be change from interested persons. available for inspection and copying at I. Self-Regulatory Organization’s the principal office of the NYSE. All Statement of the Terms of Substance of comments received will be posted the Proposed Rule Change without change; the Commission does not edit personal identifying The Phlx proposes to modify its hours information from submissions. You of business for dealings on the Exchange to change the opening of physical should submit only information that you wish to make available publicly. All delivery foreign currency options submissions should refer to File number (‘‘FCOs’’) trading from 7:30 a.m. Eastern Time (‘‘ET’’) to 9:30 a.m. ET. The SR–NYSE–2008–12 and should be change will become effective on submitted on or before March 6, 2008. February 4, 2008. The text of the For the Commission, by the Division of proposed rule change is available on the Trading and Markets, pursuant to delegated Exchange’s Web site at https:// authority.14 www.Phlx.com/exchange/ Florence E. Harmon, phlx_rule_fil.html, at the Exchange, and Deputy Secretary. at the Commission’s Public Reference [FR Doc. E8–2732 Filed 2–13–08; 8:45 am] Room. rwilkins on PROD1PC63 with NOTICES BILLING CODE 8011–01–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 Phlx included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 19b–4(f)(1). 2 17 14 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 16:49 Feb 13, 2008 Jkt 214001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 8735 rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx 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 the proposed rule change is to make the Exchange’s physical delivery FCO program more cost-effective by reducing the duration of the physical delivery FCO trading session. Currently, Phlx Rule 101, ‘‘Hours of Business,’’ states that FCO trading sessions shall be conducted at such times as the Exchange’s Board of Governors (‘‘Board’’) shall specify between 6 p.m. ET, Sundays and 3 p.m. ET, Fridays, provided that U.S. dollarsettled FCOs shall trade during the same hours as narrow-based index options.5 Accordingly, the Board adopted the current hours for physical delivery FCO trading sessions, opening at 7:30 a.m. ET and closing at 2:30 p.m. ET.6 The Exchange proposes to adopt a reduced time period for physical delivery FCO trading sessions by specifying that, beginning February 4, 2008, FCO trading sessions will open at 9:30 a.m. ET and close at 2:30 p.m. ET. The Exchange represents that it has delisted most of its physical delivery FCO contracts and intends to delist the remaining physical delivery FCO on or before March 31, 2008. The Exchange has already limited trading in the remaining physical delivery FCO contracts to ‘‘closing only’’ transactions. The Exchange therefore believes that a 5 The Exchange is not proposing to change the trading hours applicable to U.S. dollar-settled FCOs. 6 In 1993, the Exchange filed a proposed rule change to amend Phlx Rule 101 to provide that all FCO trading, except FCOs on the Canadian dollar, will be conducted between 1:30 a.m. ET and 2:30 p.m. ET each business day. See Securities Exchange Act Release No. 33246 (November 24, 1993), 58 FR 63421 (December 1, 1993) (SR–Phlx–93–42). Subsequently, the trading hours were modified to move the opening of FCO trading from 1:30 a.m. ET to 2:30 a.m. ET for all Exchange-listed FCOs except the Canadian dollar. See Securities Exchange Act Release No. 34898 (October 26, 1994), 59 FR 54651 (November 1, 1994) (SR–Phlx–94–47). In May 2004, the Exchange expanded the trading hours for options on the Canadian dollar to conform to the trading hours for all other FCOs on the Exchange. See Securities Exchange Act Release No. 49690 (May 12, 2004), 69 FR 28972 (May 19, 2004) (SR– Phlx–2004–24). On December 1, 2006 the Exchange changed the trading hours for all physical delivery FCOs to be from 7:30 a.m. ET until 2:30 p.m. ET. See Securities Exchange Act Release No. 54802 (November 21, 2006), 71 FR 68875 (November 28, 2006) (SR–Phlx–2006–72). E:\FR\FM\14FEN1.SGM 14FEN1 8736 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices reduction in the duration of the trading session is appropriate at this time. In connection with the proposed rule change adopting Phlx Rule 101, the Exchange committed to make future filings under Section 19(b)(3)(A) of the Act 7 any time it expands or changes FCO trading hours in connection with Phlx Rule 101.8 The Exchange intends to notify its membership of the change in trading hours for physical delivery FCOs by issuing a circular to members. The new trading hours for physical delivery FCOs will be in effect beginning February 4, 2008. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,9 in general, and furthers the objectives of Section 6(b)(5) of the Act,10 in particular, because it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 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 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)(i) of the Act 11 and Rule 19b–4(f)(1) 12 thereunder, because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 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 rwilkins on PROD1PC63 with NOTICES 7 15 U.S.C. 78s(b)(3)(A). Securities Exchange Act Release No. 26087 (September 16, 1988), 53 FR 36930 (September 22, 1988) (SR–Phlx–88–25). 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78s(b)(3)(A)(i). 12 17 CFR 240.19b–4(f)(1). 8 See VerDate Aug<31>2005 16:49 Feb 13, 2008 Jkt 214001 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–Phlx–2008–09 on the subject line. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Florence E. Harmon, Deputy Secretary. [FR Doc. E8–2751 Filed 2–13–08; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION [Docket No. OST–2007–27407] National Surface Transportation Infrastructure Financing Commission Department of Transportation (DOT). ACTION: Notice of meeting location and time. AGENCY: SUMMARY: This notice lists the location and time of the ninth meeting of the National Surface Transportation Paper Comments Infrastructure Financing Commission. • Send paper comments in triplicate FOR FURTHER INFORMATION CONTACT: John to Nancy M. Morris, Secretary, V. Wells, Chief Economist, U.S. Securities and Exchange Commission, Department of Transportation, (202) Station Place, 100 F Street, NE., 366–9224, jack.wells@dot.gov. Washington, DC 20549–1090. SUPPLEMENTARY INFORMATION: By All submissions should refer to File Federal Register Notice dated March 12, Number SR–Phlx–2008–09. This file 2007, and in accordance with the number should be included on the requirements of the Federal Advisory subject line if e-mail is used. To help the Committee Act (‘‘FACA’’) (5 U.S.C. App. Commission process and review your 2) and the Safe, Accountable, Flexible, comments more efficiently, please use Efficient Transportation Equity Act: A only one method. The Commission will Legacy for Users (‘‘SAFETEA–LU’’) post all comments on the Commission’s (Pub. L. 109–59, 119 Stat. 1144), the Internet Web site (https://www.sec.gov/ U.S. Department of Transportation (the rules/sro.shtml). Copies of the ‘‘Department’’) issued a notice of intent submission, all subsequent to form the National Surface amendments, all written statements Transportation Infrastructure Financing with respect to the proposed rule Commission (the ‘‘Financing change that are filed with the Commission’’). Section 11142(a) of Commission, and all written SAFETEA–LU established the National communications relating to the Surface Transportation Infrastructure proposed rule change between the Financing Commission and charged it Commission and any person, other than with analyzing future highway and those that may be withheld from the transit needs and the finances of the public in accordance with the Highway Trust Fund and with making provisions of 5 U.S.C. 552, will be recommendations regarding alternative available for inspection and copying in approaches to financing surface the Commission’s Public Reference transportation infrastructure. Room, 100 F Street, NE., Washington, Notice of Meeting Location and Time DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. The Commissioners have agreed to Copies of such filing also will be hold their ninth meeting from 8:30 a.m. available for inspection and copying at to 4 p.m. on Wednesday, March 5, 2008. the principal office of the Phlx. All The meeting will be open to the public comments received will be posted and is scheduled to take place at the without change; the Commission does Department’s headquarters building, not edit personal identifying located at 1200 New Jersey Avenue, SE., information from submissions. You Washington, DC 20590, in Conference should submit only information that Room W82–302. you wish to make available publicly. All If you need accommodations because submissions should refer to File of a disability or require additional Number SR–Phlx–2008–09 and should information to attend this meeting, be submitted on or before March 6, 2008. 13 17 CFR 200.30–3(a)(12). PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Pages 8735-8736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2751]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57277; File No. SR-Phlx-2008-09]


Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to 
Modify Trading Hours for Physical Delivery FCOs

February 6, 2008.
    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 1, 2008, 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 
Phlx. The Exchange has designated this proposal as constituting a 
stated policy, practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule under Section 
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) 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)(i).
    \4\ 17 CFR 19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Phlx proposes to modify its hours of business for dealings on 
the Exchange to change the opening of physical delivery foreign 
currency options (``FCOs'') trading from 7:30 a.m. Eastern Time 
(``ET'') to 9:30 a.m. ET. The change will become effective on February 
4, 2008. The text of the proposed rule change is available on the 
Exchange's Web site at https://www.Phlx.com/exchange/phlx_rule_
fil.html, at the Exchange, 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 Phlx 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 Phlx 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 the proposed rule change is to make the Exchange's 
physical delivery FCO program more cost-effective by reducing the 
duration of the physical delivery FCO trading session. Currently, Phlx 
Rule 101, ``Hours of Business,'' states that FCO trading sessions shall 
be conducted at such times as the Exchange's Board of Governors 
(``Board'') shall specify between 6 p.m. ET, Sundays and 3 p.m. ET, 
Fridays, provided that U.S. dollar-settled FCOs shall trade during the 
same hours as narrow-based index options.\5\ Accordingly, the Board 
adopted the current hours for physical delivery FCO trading sessions, 
opening at 7:30 a.m. ET and closing at 2:30 p.m. ET.\6\
---------------------------------------------------------------------------

    \5\ The Exchange is not proposing to change the trading hours 
applicable to U.S. dollar-settled FCOs.
    \6\ In 1993, the Exchange filed a proposed rule change to amend 
Phlx Rule 101 to provide that all FCO trading, except FCOs on the 
Canadian dollar, will be conducted between 1:30 a.m. ET and 2:30 
p.m. ET each business day. See Securities Exchange Act Release No. 
33246 (November 24, 1993), 58 FR 63421 (December 1, 1993) (SR-Phlx-
93-42). Subsequently, the trading hours were modified to move the 
opening of FCO trading from 1:30 a.m. ET to 2:30 a.m. ET for all 
Exchange-listed FCOs except the Canadian dollar. See Securities 
Exchange Act Release No. 34898 (October 26, 1994), 59 FR 54651 
(November 1, 1994) (SR-Phlx-94-47). In May 2004, the Exchange 
expanded the trading hours for options on the Canadian dollar to 
conform to the trading hours for all other FCOs on the Exchange. See 
Securities Exchange Act Release No. 49690 (May 12, 2004), 69 FR 
28972 (May 19, 2004) (SR-Phlx-2004-24). On December 1, 2006 the 
Exchange changed the trading hours for all physical delivery FCOs to 
be from 7:30 a.m. ET until 2:30 p.m. ET. See Securities Exchange Act 
Release No. 54802 (November 21, 2006), 71 FR 68875 (November 28, 
2006) (SR-Phlx-2006-72).
---------------------------------------------------------------------------

    The Exchange proposes to adopt a reduced time period for physical 
delivery FCO trading sessions by specifying that, beginning February 4, 
2008, FCO trading sessions will open at 9:30 a.m. ET and close at 2:30 
p.m. ET. The Exchange represents that it has delisted most of its 
physical delivery FCO contracts and intends to delist the remaining 
physical delivery FCO on or before March 31, 2008. The Exchange has 
already limited trading in the remaining physical delivery FCO 
contracts to ``closing only'' transactions. The Exchange therefore 
believes that a

[[Page 8736]]

reduction in the duration of the trading session is appropriate at this 
time.
    In connection with the proposed rule change adopting Phlx Rule 101, 
the Exchange committed to make future filings under Section 19(b)(3)(A) 
of the Act \7\ any time it expands or changes FCO trading hours in 
connection with Phlx Rule 101.\8\ The Exchange intends to notify its 
membership of the change in trading hours for physical delivery FCOs by 
issuing a circular to members. The new trading hours for physical 
delivery FCOs will be in effect beginning February 4, 2008.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ See Securities Exchange Act Release No. 26087 (September 16, 
1988), 53 FR 36930 (September 22, 1988) (SR-Phlx-88-25).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, because it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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)(i) of the Act \11\ and Rule 19b-4(f)(1) \12\ 
thereunder, because it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(i).
    \12\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    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-Phlx-2008-09 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-2008-09. 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 the 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-2008-09 and should be 
submitted on or before March 6, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-2751 Filed 2-13-08; 8:45 am]
BILLING CODE 8011-01-P
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