Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Permanent a Pilot Program That Increases Position and Exercise Limits on Equity Options, 12493-12495 [E8-4517]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants, or Others
Comments may be submitted by any of
the following methods:
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
• 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–NYSEArca–2008–21 on the
subject line.
Electronic Comments
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, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11
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.
NYSE Arca has requested that the
Commission waive the 30-day operative
delay to allow NYSE Arca to continue
the existing Pilot Program without
interruption. The Commission believes
that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest
because it will allow the Pilot Program
to continue uninterrupted for an
additional year and allow the Exchange
more time to assess the effectiveness of
the Pilot Program. Accordingly, the
Commission designates the proposal as
operative upon filing with the
Commission.12
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.
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). Rule 19b–4(f)(6) also
requires the self-regulatory organization to give the
Commission 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 filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Commission has determined to
grant the Exchange’s request to waive the five day
pre-filing notice requirement.
12 For purposes only of waiving the 30-day
operative delay of this proposal, the Commission
has considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
sroberts on PROD1PC70 with NOTICES
11 17
VerDate Aug<31>2005
18:46 Mar 06, 2008
Jkt 214001
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.
12493
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57418; File No. SR–Phlx–
2008–14]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Make Permanent a Pilot
Program That Increases Position and
Exercise Limits on Equity Options
March 3, 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
28, 2008, the Philadelphia Stock
All submissions should refer to File
Exchange, Inc. (‘‘Exchange’’ or ‘‘Phlx’’)
Number SR–NYSEArca–2008–21. This
filed with the Securities and Exchange
file number should be included on the
Commission (‘‘Commission’’) the
subject line if e-mail is used. To help the proposed rule change as described in
Commission process and review your
Items I and II below, which Items have
comments more efficiently, please use
been substantially prepared by the
only one method. The Commission will Exchange. The Exchange has designated
post all comments on the Commission’s this proposal as non-controversial under
Internet Web site (https://www.sec.gov/
Section 19(b)(3)(A)(iii) of the Act 3 and
rules/sro.shtml). Copies of the
Rule 19b–4(f)(6) thereunder,4 which
submission, all subsequent
renders the proposed rule change
amendments, all written statements
effective upon filing with the
with respect to the proposed rule
Commission. The Commission is
change that are filed with the
publishing this notice to solicit
Commission, and all written
comments on the proposed rule change
communications relating to the
from interested persons.
proposed rule change between the
Commission and any person, other than I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
those that may be withheld from the
the Proposed Rule Change
public in accordance with the
provisions of 5 U.S.C. 552, will be
The Exchange seeks to make
available for inspection and copying in
permanent an existing pilot program
the Commission’s Public Reference
(the ‘‘Pilot Program’’), the terms of
Room, 100 F Street, NE., Washington,
which are set forth in Exchange Rule
DC 20549, on official business days
1001 (Position Limits), which increases
between the hours of 10 a.m. and 3 p.m. the standard position and exercise
Copies of such filing also will be
limits for equity option contracts,
available for inspection and copying at
including options on the PowerShares
the principal office of NYSE Arca. All
QQQ Trust (‘‘QQQQ’’). The Pilot
comments received will be posted
Program is scheduled to expire March 1,
without change; the Commission does
2008.5 The text of the proposed rule
not edit personal identifying
change is available on the Exchange’s
information from submissions. You
Web site (https://www.phlx.com), at the
should submit only information that
Exchange’s principal office, and at the
you wish to make available publicly. All Commission’s Public Reference Room.
submissions should refer to File
Number SR–NYSEArca–2008–21 and
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
should be submitted on or before March
3 15 U.S.C. 78s(b)(3)(A)(iii).
28, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–4512 Filed 3–6–08; 8:45 am]
BILLING CODE 8011–01–P
13 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00127
Fmt 4703
Sfmt 4703
4 17
CFR 240.19b–4(f)(6).
Securities Exchange Act Release Nos. 56267
(August 15, 2007), 72 FR 47114 (August 22, 2007)
(SR–Phlx–2007–58); 55285 (February 13, 2007), 72
FR 8053 (February 22, 2007) (SR–Phlx–2007–10);
54387 (August 30, 2006), 71 FR 52842 (September
7, 2006) (SR–Phlx–2006–48); 53388 (February 28,
2006), 71 FR 11458 (March 7, 2006) (SR–Phlx–
2006–13); 52261 (August 15, 2005), 70 FR 49004
(August 22, 2005) (SR–Phlx–2005–51); and 51322
(March 4, 2005), 70 FR 12260 (March 11, 2005) (SR–
Phlx–2005–17).
5 See
E:\FR\FM\07MRN1.SGM
07MRN1
12494
Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / 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. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to make permanent the Pilot
Program, which is scheduled to expire
March 1, 2008. The Exchange proposes
to amend Rule 1001, Position Limits, to
permanently establish the increased
position limits of the Pilot Program.
Exchange Rule 1002, Exercise Limits
(not proposed to be amended),
establishes exercise limits for the
corresponding options at the same
levels as the corresponding security’s
position limits.6
Standard Position and Exercise Limit
The Pilot Program increases the
standard position and exercise limits for
equity options traded on the Exchange
and for options on the Powershares
QQQ Trust (‘‘QQQQ’’). The
standardized position limits were last
increased nine years ago, on December
31, 1998.7
sroberts on PROD1PC70 with NOTICES
Violations
The Exchange believes that any
findings of violations regarding equity
6 Rule 1002 states, in relevant part, ‘‘[N]o member
or member organization shall exercise, for any
account in which such member or member
organization has an interest or for the account of
any partner, officer, director or employee thereof or
for the account of any customer, a long position in
any option contract of a class of options dealt in on
the Exchange (or, respecting an option not dealt in
on the Exchange, another exchange if the member
or member organization is not a member of that
exchange) if as a result thereof such member or
member organization, or partner, officer, director or
employee thereof or customer, acting alone or in
concert with others, directly or indirectly, has or
will have exercised within any five (5) consecutive
business days aggregate long positions in that class
(put or call) as set forth as the position limit in Rule
1001, in the case of options on a stock or on an
Exchange-Traded Fund Share* * *.’’
7 See Securities Exchange Act Release No. 40875
(December 31, 1998), 64 FR 1842 (January 12, 1999)
(SR–Phlx–98–36).
VerDate Aug<31>2005
18:46 Mar 06, 2008
Jkt 214001
option position and exercise limits since
the inception of the Pilot Program were
deemed inadvertent—due primarily to
miscounting, technical problems, or a
misinterpretation of position limit
calculation methodologies. No such
violations were deemed to be a result of
manipulative activities.
Growth in the Options Market
Since the last increase in standardized
position limits, there has been a
significant increase in the overall
volume of exchange-traded options. Part
of this volume is attributable to a
corresponding increase in the number of
overall market participants. This growth
in market participation has in turn
brought about additional depth and
increased liquidity in exchange-traded
options.
Manipulation
Since the last increase in standardized
position limits, and throughout the
duration of the Pilot Program, the
Exchange has not encountered any
regulatory issues regarding the
applicable position limits, and states
that there is a lack of evidence of market
manipulation schemes, which justifies
making permanent the Pilot Program.
As the anniversary of listed options
trading approaches its 35th year, the
Exchange believes that the existing
surveillance procedures and reporting
requirements at the Exchange, at other
options exchanges, and at the several
clearing firms are capable of properly
identifying unusual and/or illegal
trading activity. The Exchange’s
surveillance procedures include daily
monitoring of market movements via
automated surveillance techniques to
identify unusual activities in both
options and their underlying securities.
Accordingly, the Exchange represents
that its surveillance procedures (which
have been significantly enhanced since
the last standardized position limit
increase in 1999) and reporting
procedures, in conjunction with the
financial requirements and risk
management review procedures already
in place at the clearing firms and the
Options Clearing Corporation, will serve
to adequately address any concerns the
Commission may have respecting
account(s) engaging in manipulative
schemes or assuming too high a level of
risk exposure.
Financial Requirements
The Exchange believes that the
current financial requirements imposed
by the Exchange and by the Commission
adequately address the concerns that a
member or its customer may try to
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
maintain an inordinately large
unhedged position in an equity option.
Inability To Compete; Retreat to OTC
Market
The Exchange expects continued
options volume growth as opportunities
for investors to participate in options
markets increase and evolve. The
Exchange also believes that the nonpilot position and exercise limits are
restrictive, and returning to those limits
will hamper fair and effective
competition between the listed options
markets and over-the-counter markets.
No Adverse Consequences From Past
Increases
Equity option position limits have
been gradually expanded from 1,000
contracts in 1973 to the current level of
75,000 contracts for the largest and most
actively traded equity options. To date,
there have been no adverse effects on
the markets as a result of these past
increases in the position limits for
equity option contracts.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 8 in general, and furthers the
objectives of Section 6(b)(5) of the Act 9
in particular, in that 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, by
seeking to make permanent the Pilot
Program.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has designated the
proposed rule change as one that: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
8 15
9 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
E:\FR\FM\07MRN1.SGM
07MRN1
Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices
significant burden on competition; and
(3) does not become operative for 30
days from the date of filing, or such
shorter time as the Commission may
designate if consistent with the
protection of investors and the public
interest. Therefore, the foregoing rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 10 and
subparagraph (f)(6) of Rule 19b–4
thereunder.11 The Exchange notes that
the proposed rule change is based on a
similar proposal recently approved by
the Commission.12 The Exchange has
asked the Commission to waive the
operative delay to permit the proposed
rule change to become operative prior to
the 30th day after filing.
The Pilot Program was scheduled to
expire on March 1, 2008. The
Commission believes that waiving the
30-day operative delay of the
Exchange’s proposal is consistent with
the protection of investors and the
public interest because it will allow the
position and exercise limits to remain at
consistent levels during the transition
from the Pilot Program to permanent
status.13 Therefore, the Commission
designates the proposal to be operative
upon filing.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
the 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
sroberts on PROD1PC70 with NOTICES
10 15
U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide 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 filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has fulfilled this requirement.
12 See Securities Exchange Act Release No. 57352
(February 19, 2008), 73 FR 10076 (February 25,
2008) (SR–CBOE–2008–07).
13 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
VerDate Aug<31>2005
18:46 Mar 06, 2008
Jkt 214001
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–Phlx–2008–14 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–Phlx–2008–14. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the 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 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 should refer to File
Number SR–Phlx–2008–14 and should
be submitted on or before March 28,
2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–4517 Filed 3–6–08; 8:45 am]
BILLING CODE 8011–01–P
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00129
Fmt 4703
Sfmt 4703
12495
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2008–0009]
Modifications to the Disability
Determination Procedures;
Reinstatement of ‘‘Prototype’’ and
‘‘Single Decisionmaker’’ Tests in
States in the Boston Region
AGENCY:
Social Security Administration
(SSA).
ACTION:
Notice.
SUMMARY: Effective March 23, 2008, we
are reinstating New Hampshire as a
‘‘prototype’’ State in the disability
redesign tests we are conducting under
the authority of our regulations. We are
also reinstating Maine and Vermont as
States that use ‘‘single decisionmakers’’
under the same authority. These three
States stopped participating in the
disability redesign tests on August 1,
2006, when they began to participate in
the Disability Service Improvement
(DSI) initiative that we have been testing
in our Boston region since that date. On
January 15, 2008, we published a final
rule in the Federal Register suspending
the Federal Reviewing Official review
level of the DSI process. The final rule
will be effective on March 23, 2008.
Therefore, Maine, New Hampshire, and
Vermont will resume their participation
in the disability redesign tests on the
effective date of the final rule.
DATES: On March 23, 2008, New
Hampshire will resume its participation
as a prototype State, and Maine and
Vermont will resume their participation
as single decisionmaker States.
Selection of cases for the current tests is
scheduled to end no later than
September 30, 2009. (71 FR 45890). We
will use the same date for Maine, New
Hampshire, and Vermont. If we decide
to continue selection of cases for these
tests beyond this date in Maine, New
Hampshire, Vermont, and the other
States that are participating in the tests,
we will publish another notice in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Michele Schaefer, Office of Disability
Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
410–594–0083, for information about
this notice. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213 or TTY 1–800–325–0778, or visit
our Internet site, Social Security Online,
at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: Our
current rules at §§ 404.906 and 416.1406
authorize us to test, individually or in
any combination, different
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Notices]
[Pages 12493-12495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4517]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57418; File No. SR-Phlx-2008-14]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Permanent a Pilot Program That Increases Position and Exercise
Limits on Equity Options
March 3, 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 28, 2008, the Philadelphia Stock Exchange, Inc.
(``Exchange'' or ``Phlx'') 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 has designated this proposal as non-
controversial under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
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)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange seeks to make permanent an existing pilot program (the
``Pilot Program''), the terms of which are set forth in Exchange Rule
1001 (Position Limits), which increases the standard position and
exercise limits for equity option contracts, including options on the
PowerShares QQQ Trust (``QQQQ''). The Pilot Program is scheduled to
expire March 1, 2008.\5\ The text of the proposed rule change is
available on the Exchange's Web site (https://www.phlx.com), at the
Exchange's principal office, and at the Commission's Public Reference
Room.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release Nos. 56267 (August 15,
2007), 72 FR 47114 (August 22, 2007) (SR-Phlx-2007-58); 55285
(February 13, 2007), 72 FR 8053 (February 22, 2007) (SR-Phlx-2007-
10); 54387 (August 30, 2006), 71 FR 52842 (September 7, 2006) (SR-
Phlx-2006-48); 53388 (February 28, 2006), 71 FR 11458 (March 7,
2006) (SR-Phlx-2006-13); 52261 (August 15, 2005), 70 FR 49004
(August 22, 2005) (SR-Phlx-2005-51); and 51322 (March 4, 2005), 70
FR 12260 (March 11, 2005) (SR-Phlx-2005-17).
---------------------------------------------------------------------------
[[Page 12494]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to make permanent the
Pilot Program, which is scheduled to expire March 1, 2008. The Exchange
proposes to amend Rule 1001, Position Limits, to permanently establish
the increased position limits of the Pilot Program. Exchange Rule 1002,
Exercise Limits (not proposed to be amended), establishes exercise
limits for the corresponding options at the same levels as the
corresponding security's position limits.\6\
---------------------------------------------------------------------------
\6\ Rule 1002 states, in relevant part, ``[N]o member or member
organization shall exercise, for any account in which such member or
member organization has an interest or for the account of any
partner, officer, director or employee thereof or for the account of
any customer, a long position in any option contract of a class of
options dealt in on the Exchange (or, respecting an option not dealt
in on the Exchange, another exchange if the member or member
organization is not a member of that exchange) if as a result
thereof such member or member organization, or partner, officer,
director or employee thereof or customer, acting alone or in concert
with others, directly or indirectly, has or will have exercised
within any five (5) consecutive business days aggregate long
positions in that class (put or call) as set forth as the position
limit in Rule 1001, in the case of options on a stock or on an
Exchange-Traded Fund Share* * *.''
---------------------------------------------------------------------------
Standard Position and Exercise Limit
The Pilot Program increases the standard position and exercise
limits for equity options traded on the Exchange and for options on the
Powershares QQQ Trust (``QQQQ''). The standardized position limits were
last increased nine years ago, on December 31, 1998.\7\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 40875 (December 31,
1998), 64 FR 1842 (January 12, 1999) (SR-Phlx-98-36).
---------------------------------------------------------------------------
Violations
The Exchange believes that any findings of violations regarding
equity option position and exercise limits since the inception of the
Pilot Program were deemed inadvertent--due primarily to miscounting,
technical problems, or a misinterpretation of position limit
calculation methodologies. No such violations were deemed to be a
result of manipulative activities.
Growth in the Options Market
Since the last increase in standardized position limits, there has
been a significant increase in the overall volume of exchange-traded
options. Part of this volume is attributable to a corresponding
increase in the number of overall market participants. This growth in
market participation has in turn brought about additional depth and
increased liquidity in exchange-traded options.
Manipulation
Since the last increase in standardized position limits, and
throughout the duration of the Pilot Program, the Exchange has not
encountered any regulatory issues regarding the applicable position
limits, and states that there is a lack of evidence of market
manipulation schemes, which justifies making permanent the Pilot
Program.
As the anniversary of listed options trading approaches its 35th
year, the Exchange believes that the existing surveillance procedures
and reporting requirements at the Exchange, at other options exchanges,
and at the several clearing firms are capable of properly identifying
unusual and/or illegal trading activity. The Exchange's surveillance
procedures include daily monitoring of market movements via automated
surveillance techniques to identify unusual activities in both options
and their underlying securities.
Accordingly, the Exchange represents that its surveillance
procedures (which have been significantly enhanced since the last
standardized position limit increase in 1999) and reporting procedures,
in conjunction with the financial requirements and risk management
review procedures already in place at the clearing firms and the
Options Clearing Corporation, will serve to adequately address any
concerns the Commission may have respecting account(s) engaging in
manipulative schemes or assuming too high a level of risk exposure.
Financial Requirements
The Exchange believes that the current financial requirements
imposed by the Exchange and by the Commission adequately address the
concerns that a member or its customer may try to maintain an
inordinately large unhedged position in an equity option.
Inability To Compete; Retreat to OTC Market
The Exchange expects continued options volume growth as
opportunities for investors to participate in options markets increase
and evolve. The Exchange also believes that the non-pilot position and
exercise limits are restrictive, and returning to those limits will
hamper fair and effective competition between the listed options
markets and over-the-counter markets.
No Adverse Consequences From Past Increases
Equity option position limits have been gradually expanded from
1,000 contracts in 1973 to the current level of 75,000 contracts for
the largest and most actively traded equity options. To date, there
have been no adverse effects on the markets as a result of these past
increases in the position limits for equity option contracts.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that 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,
by seeking to make permanent the Pilot Program.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 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 that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any
[[Page 12495]]
significant burden on competition; and (3) does not become operative
for 30 days from the date of filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest. Therefore, the foregoing rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\ The Exchange notes
that the proposed rule change is based on a similar proposal recently
approved by the Commission.\12\ The Exchange has asked the Commission
to waive the operative delay to permit the proposed rule change to
become operative prior to the 30th day after filing.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide 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 filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
\12\ See Securities Exchange Act Release No. 57352 (February 19,
2008), 73 FR 10076 (February 25, 2008) (SR-CBOE-2008-07).
---------------------------------------------------------------------------
The Pilot Program was scheduled to expire on March 1, 2008. The
Commission believes that waiving the 30-day operative delay of the
Exchange's proposal is consistent with the protection of investors and
the public interest because it will allow the position and exercise
limits to remain at consistent levels during the transition from the
Pilot Program to permanent status.\13\ Therefore, the Commission
designates the proposal to be operative upon filing.
---------------------------------------------------------------------------
\13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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-2008-14 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-Phlx-2008-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the 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 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 should refer to File Number SR-Phlx-2008-14 and should be
submitted on or before March 28, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-4517 Filed 3-6-08; 8:45 am]
BILLING CODE 8011-01-P
