Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Implementation of Phase II of the Penny Pilot Program, 18013-18015 [E8-6731]
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has been designated as a fee change
pursuant to Section 19(b)(3)(A)(ii) of the
Act 7 and Rule 19b–4(f)(2) 8 thereunder,
because it establishes or changes a due,
fee, or other charge imposed by the
Exchange. Accordingly, the proposal
will take effect upon filing with the
Commission. 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:
rmajette on PROD1PC64 with NOTICES
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–Amex–2008–26 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–Amex–2008–26. 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
7 15
8 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
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Jkt 214001
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–Amex–2008–26 and should
be submitted on or before April 23,
2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–6730 Filed 4–1–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57566; File No. SR–BSE–
2008–20]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to the
Implementation of Phase II of the
Penny Pilot Program
March 26, 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 March 25,
2008, the Boston Stock Exchange, Inc.
(‘‘BSE’’ 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 BSE. The
Exchange has designated this proposal
as one 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
9 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)(i).
4 17 CFR 240.19b–4(f)(1).
1 15
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18013
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 Exchange proposes to amend
Section 33 (Penny Pilot Program) of
Chapter V of the Rules of the Boston
Options Exchange (‘‘BOX’’). The
proposed rule change will allow the
Exchange to implement the second
phase (‘‘Phase II’’) of a Commissionapproved expansion of the Penny Pilot
Program.5 The proposed rule change
will also allow the Exchange to remove
the current listing of the classes (‘‘Penny
Classes’’) included in the Penny Pilot
Program from Section 33, and will
permit the Exchange to notify
Participants of the classes included in
the Penny Pilot Program via Regulatory
Circular.
The text of the proposed rule change
and the Regulatory Circular are
available on the Exchange’s Web site
(https://www.bostonstock.com ), at the
BSE’s principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
BSE 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 Penny Pilot Program began on
January 26, 2007 and allowed for the
trading of a limited number of option
classes in penny increments.6 A
5 See Securities Exchange Act Release No. 56566
(September 27, 2007), 72 FR 56400 (October 3,
2007) (SR–BSE–2007–40) (‘‘Approval Order’’).
6 See Securities Exchange Act Release No. 55155
(January 23, 2007) 72 FR 4741 (February 1, 2007)
(SR–BSE–2006–49) (‘‘Original Pilot Approval
Order’’). The thirteen (13) option classes originally
included in the Pilot were: iShares Russell 2000
(IWM), NASDAQ–100 Index Tracking Stock
(QQQQ), SemiConductor Holders Trust (SMH),
General Electric Company (GE), Advanced Micro
Devices, Inc. (AMD), Microsoft Corporation (MSFT),
Intel Corporation (INTC), Caterpillar, Inc. (CAT),
Continued
E:\FR\FM\02APN1.SGM
02APN1
18014
Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
subsequent rule filing by the Exchange
on September 27, 2007 initiated a twophased expansion of the Penny Pilot
Program.7 The first phase (‘‘Phase I’’)
commenced on September 28, 2007, and
with it added twenty-two (22) option
classes to the Penny Pilot Program.8
The Exchange now proposes to
implement Phase II of the expansion on
March 28, 2008. When Phase II is
implemented the Exchange will add
twenty-eight (28) of the most actively
traded, multiply-listed option classes to
the Penny Pilot Program. This will bring
the total number of option classes
quoted in pennies to sixty-three (63)
(the original thirteen (13) classes, plus
twenty-two (22) classes from Phase I of
the expansion, plus the twenty-eight
(28) additional option classes from
Phase II of the expansion).
The Exchange will distribute a
complete list of the classes included in
the Penny Pilot Program to Participants
via Regulatory Circular. The Exchange
believes that distributing a Regulatory
Circular containing the current and
additional Penny Classes is the best
method of notifying and informing
Participants of the additional classes
that will be included in Phase II of the
impending expansion. Further,
circulation of the list of Penny Classes
via Regulatory Circular will conform the
Exchange’s method of distribution of
such information to that of other
exchanges.9
rmajette on PROD1PC64 with NOTICES
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the
Act,10 in general, and Section 6(b)(5) of
Whole Foods Market, Inc. (WFMI), Texas
Instruments, Inc. (TXN), Flextronics International
Ltd. (FLEX), Sun Microsystems, Inc. (JAVA), and
Agilent Technologies, Inc. (A). The Penny Pilot
Program was extended on July 24, 2007. See
Securities Exchange Act Release No. 56149 (July 26,
2007), 72 FR 42450 (August 2, 2007) (SR–BSE–
2007–38).
7 See Approval Order, supra note 5.
8 The following classes were added to the Penny
Pilot Program on September 28, 2007: SPY (SPDRs),
AAPL (Apple, Inc.), MO (Altria Group Inc.), DNDN
(Dendreon Corp.), AMGN (Amgen Inc.), YHOO
(Yahoo! Inc.), QCOM (QUALCOMM Inc.), GM
(General Motors Corporation), XLE (Energy Select
Sector), DIA (DIAMONDS Trust, Series 1), OIH (Oil
Service HOLDRS), NYX (NYSE Euronext, Inc.),
CSCO (Cisco Systems, Inc.), XLF (Financial Select
Sector SPDR), T (AT&T Inc.), C (Citigroup), AMZN
(Amazon.com Inc.), MOT (Motorola Inc.), RIMM
(Research in Motion Ltd.), FCX (Freeport-McMoRan
Copper & Gold Inc.), COP (ConocoPhillips), and
BMY (Bristol-Myers Squibb Co.). The most recent
expansion of the Penny Pilot Program is set to
expire on March 27, 2008, after which point the
second phase of the expansion will commence and
continue through March 27, 2009.
9 See Supplemental Material to Rule 710 of the
Rules of the International Securities Exchange, LLC
(‘‘ISE’’).
10 15 U.S.C. 78f(b).
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the Act,11 in particular, in that it will
implement the second phase of an
approved pilot program and permit the
Exchange to notify Participants about
the program via Regulatory Circular,
and is designed to prevent fraudulent
and manipulative acts, 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. Specifically, the
proposal will result in a more efficient
method by which the Exchange informs
Participants of the classes included in
the Penny 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
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–BSE–2008–20 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–BSE–2008–20. This file
number should be included on the
subject line if e-mail is used. To help the
The Exchange has neither solicited
nor received comments on the proposed Commission process and review your
comments more efficiently, please use
rule change.
only one method. The Commission will
III. Date of Effectiveness of the
post all comments on the Commission’s
Proposed Rule Change and Timing for
Internet Web site (https://www.sec.gov/
Commission Action
rules/sro.shtml). Copies of the
The proposed rule change has become submission, all subsequent
amendments, all written statements
effective pursuant to Section
19(b)(3)(A)(i) of the Act 12 and Rule 19b– with respect to the proposed rule
4(f)(1) thereunder,13 because it
change that are filed with the
constitutes a stated policy, practice, or
Commission, and all written
interpretation with respect to the
communications relating to the
meaning, administration, or
proposed rule change between the
enforcement of an existing BOX rule.
Commission and any person, other than
Specifically, the proposed rule change
those that may be withheld from the
will allow the Exchange to implement
public in accordance with the
Phase II of a Commission-approved
provisions of 5 U.S.C. 552, will be
expansion of the Penny Pilot Program.
available for inspection and copying in
The proposed rule change will also
the Commission’s Public Reference
allow the Exchange to modify the
Room, 100 F Street, NE., Washington,
manner in which it will notify
DC 20549, on official business days
Participants of the classes contained in
between the hours of 10 a.m. and 3 p.m.
the Penny Pilot Program.
Copies of the filing also will be available
At any time within 60 days of the
for inspection and copying at the
filing of the proposed rule change, the
principal office of the BSE. All
Commission may summarily abrogate
comments received will be posted
such rule change if it appears to the
without change; the Commission does
Commission that such action is
not edit personal identifying
necessary or appropriate in the public
information from submissions. You
interest, for the protection of investors,
should submit only information that
or otherwise in furtherance of the
you wish to make available publicly. All
purposes of the Act.14
submissions should refer to File
Number SR–BSE–2008–20 and should
11 15 U.S.C. 78f(b)(5).
12 15 U.S.C. 78s(b)(3)(A)(i).
be submitted on or before April 23,
13 17 CFR 240.19b–4(f)(1).
2008.
14 See
PO 00000
15 U.S.C. 78s(b)(3)(C).
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–6731 Filed 4–1–08; 8:45 am]
BILLING CODE 8011–01–P
purpose of, and basis for, the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. BSE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57570; File No. SR–BSE–
2008–14]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend
Rules Pertaining to the Terms of Index
Option Contracts
March 27, 2008.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 12,
2008, the Boston Stock Exchange, Inc.
(‘‘BSE’’ 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 prepared
substantially by BSE. BSE filed the
proposed rule change as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6) thereunder,4
which renders it effective upon filing
with the Commission. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons.
rmajette on PROD1PC64 with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
BSE proposes to amend Section 10
(Terms of Index Options Contracts) of
Chapter XIV (Index Rules) of the Boston
Options Exchange (‘‘BOX’’) Rules to
allow the listing of up to seven
expiration months for options on certain
broad-based indexes.
The text of the proposed rule change
is available at BSE, the Commission’s
Public Reference Room, and https://
www.bse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, BSE
included statements concerning the
15 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
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Jkt 214001
The purpose of this rule filing is to
amend the BOX Rules to allow the
Exchange to list up to seven expiration
months for broad based security index
options upon which an exchange
calculates a constant three-month
volatility index. Currently, Section
10(a)(3) of Chapter XIV of the BOX
Rules permits the Exchange to list only
six expiration months in any index
options at any one time.
Volatility products offer investors a
unique set of tools for hedging. For
example, the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’)
Volatility Index (‘‘VIX’’) options, first
introduced in February 2006, have
proven to be one of CBOE’s most
successful new products ever listed,
currently averaging over 90,000
contracts traded per day. In a recent
proposal, CBOE explained that it plans
to introduce new volatility products and
new volatility indexes in the near
future, including the CBOE S&P 500
Three-Month Volatility Index (‘‘VXV’’).5
Similar to the VIX, the VXV is a
measure of S&P 500 implied volatility,
the volatility implied by S&P option
prices. Instead of reflecting a constant
one-month implied volatility period,
however, VXV is designed to reflect the
implied volatility of an option with a
constant three months to expiration.
Since there is only one day on which an
option has exactly three months to
expiration, VXV is calculated as a
weighted average of options expiring
immediately before and immediately
after the three-month standard.
Accordingly, an index calculator would
need to use four consecutive expiration
months in order to calculate a constant
three-month volatility index.6
5 CBOE calculates volatility indexes on other
broad-based security indexes, such as the Dow
Jones Industrial Average index (‘‘DJX’’), the Nasdaq100 index (‘‘NDX’’), and the Russell 2000 index
(‘‘RUT’’). CBOE may calculate a constant threemonth volatility index on DJX, NDX, or RUT in the
future. See Securities Exchange Act Release No.
56821 (November 20, 2007), 72 FR 66210
(November 27, 2007) (SR-CBOE–2007–82) (‘‘CBOE
Proposal’’).
6 See Id. In CBOE Proposal, CBOE provides
examples illustrating the need for a seventh month
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18015
Under the current application of
Section 10 of Chapter XIV of the BOX
Rules, the Exchange generally lists three
consecutive near term months and three
months on a quarterly expiration cycle.
One of the three consecutive near term
months is always a quarterly month;
however, that near term contract month
(which is also a quarterly month) is not
included as part of the three months
listed on a quarterly expiration cycle.
Therefore, in order to permit the
addition of four consecutive near term
months under current Section 10 of
Chapter XIV of the BOX Rules, the
Exchange would only be able to list two
months on a quarterly expiration cycle.
Because of customer demand and other
investment strategy reasons for having
three months on a quarterly expiration
cycle, the Exchange is seeking to
increase, from six to seven, the number
of expiration months for broad-based
security index options upon which a
constant three-month volatility index is
calculated.
The proposed rule change will permit
the Exchange to list up to seven
expiration months at any one time for
any broad-based security index option
contract 7 upon which any exchange
calculates a constant three-month
volatility index. As a result, the
Exchange, eight times a year, would be
able to add an additional seventh
expiration month in order to maintain
four consecutive near term contract
months.
The BSE has analyzed its capacity and
represents that it believes the Exchange
and the Options Price Reporting
Authority (OPRA) have the necessary
systems capacity to handle any
additional quote and message traffic
associated with the additional listing of
a seventh contract month in order to
maintain four consecutive near term
contract months for those broad-based
securities index options upon which a
constant three-month volatility index is
calculated.
2. Statutory Basis
The Exchange believes the rule
proposal is consistent with Section 6 of
the Act,8 in general, and with Section
6(b)(5) of the Act,9 in particular, because
the proposed increase in the number of
options contract expiration month series
is limited to broad-based securities
indexes upon which a constant threemonth volatility index is calculated and
in order to maintain four consecutive near term
contract months.
7 See Section 10 of Chapter XIV of the BOX Rules.
Examples of such broad-based securities indexes
include the S&P 500, DJX, NDX and RUT.
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(b)(5).
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]]>Agencies
[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 18013-18015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6731]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57566; File No. SR-BSE-2008-20]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Implementation of Phase II of the Penny Pilot Program
March 26, 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 March 25, 2008, the Boston Stock Exchange, Inc. (``BSE'' 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 BSE.
The Exchange has designated this proposal as one 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 240.19b-4(f)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Section 33 (Penny Pilot Program) of
Chapter V of the Rules of the Boston Options Exchange (``BOX''). The
proposed rule change will allow the Exchange to implement the second
phase (``Phase II'') of a Commission-approved expansion of the Penny
Pilot Program.\5\ The proposed rule change will also allow the Exchange
to remove the current listing of the classes (``Penny Classes'')
included in the Penny Pilot Program from Section 33, and will permit
the Exchange to notify Participants of the classes included in the
Penny Pilot Program via Regulatory Circular.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 56566 (September 27,
2007), 72 FR 56400 (October 3, 2007) (SR-BSE-2007-40) (``Approval
Order'').
---------------------------------------------------------------------------
The text of the proposed rule change and the Regulatory Circular
are available on the Exchange's Web site (https://www.bostonstock.com ),
at the BSE's principal office, and at the Commission's Public Reference
Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The BSE 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 Penny Pilot Program began on January 26, 2007 and allowed for
the trading of a limited number of option classes in penny
increments.\6\ A
[[Page 18014]]
subsequent rule filing by the Exchange on September 27, 2007 initiated
a two-phased expansion of the Penny Pilot Program.\7\ The first phase
(``Phase I'') commenced on September 28, 2007, and with it added
twenty-two (22) option classes to the Penny Pilot Program.\8\
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 55155 (January 23,
2007) 72 FR 4741 (February 1, 2007) (SR-BSE-2006-49) (``Original
Pilot Approval Order''). The thirteen (13) option classes originally
included in the Pilot were: iShares Russell 2000 (IWM), NASDAQ-100
Index Tracking Stock (QQQQ), SemiConductor Holders Trust (SMH),
General Electric Company (GE), Advanced Micro Devices, Inc. (AMD),
Microsoft Corporation (MSFT), Intel Corporation (INTC), Caterpillar,
Inc. (CAT), Whole Foods Market, Inc. (WFMI), Texas Instruments, Inc.
(TXN), Flextronics International Ltd. (FLEX), Sun Microsystems, Inc.
(JAVA), and Agilent Technologies, Inc. (A). The Penny Pilot Program
was extended on July 24, 2007. See Securities Exchange Act Release
No. 56149 (July 26, 2007), 72 FR 42450 (August 2, 2007) (SR-BSE-
2007-38).
\7\ See Approval Order, supra note 5.
\8\ The following classes were added to the Penny Pilot Program
on September 28, 2007: SPY (SPDRs), AAPL (Apple, Inc.), MO (Altria
Group Inc.), DNDN (Dendreon Corp.), AMGN (Amgen Inc.), YHOO (Yahoo!
Inc.), QCOM (QUALCOMM Inc.), GM (General Motors Corporation), XLE
(Energy Select Sector), DIA (DIAMONDS Trust, Series 1), OIH (Oil
Service HOLDRS), NYX (NYSE Euronext, Inc.), CSCO (Cisco Systems,
Inc.), XLF (Financial Select Sector SPDR), T (AT&T Inc.), C
(Citigroup), AMZN (Amazon.com Inc.), MOT (Motorola Inc.), RIMM
(Research in Motion Ltd.), FCX (Freeport-McMoRan Copper & Gold
Inc.), COP (ConocoPhillips), and BMY (Bristol-Myers Squibb Co.). The
most recent expansion of the Penny Pilot Program is set to expire on
March 27, 2008, after which point the second phase of the expansion
will commence and continue through March 27, 2009.
---------------------------------------------------------------------------
The Exchange now proposes to implement Phase II of the expansion on
March 28, 2008. When Phase II is implemented the Exchange will add
twenty-eight (28) of the most actively traded, multiply-listed option
classes to the Penny Pilot Program. This will bring the total number of
option classes quoted in pennies to sixty-three (63) (the original
thirteen (13) classes, plus twenty-two (22) classes from Phase I of the
expansion, plus the twenty-eight (28) additional option classes from
Phase II of the expansion).
The Exchange will distribute a complete list of the classes
included in the Penny Pilot Program to Participants via Regulatory
Circular. The Exchange believes that distributing a Regulatory Circular
containing the current and additional Penny Classes is the best method
of notifying and informing Participants of the additional classes that
will be included in Phase II of the impending expansion. Further,
circulation of the list of Penny Classes via Regulatory Circular will
conform the Exchange's method of distribution of such information to
that of other exchanges.\9\
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\9\ See Supplemental Material to Rule 710 of the Rules of the
International Securities Exchange, LLC (``ISE'').
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2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\10\ in general, and Section
6(b)(5) of the Act,\11\ in particular, in that it will implement the
second phase of an approved pilot program and permit the Exchange to
notify Participants about the program via Regulatory Circular, and is
designed to prevent fraudulent and manipulative acts, 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.
Specifically, the proposal will result in a more efficient method by
which the Exchange informs Participants of the classes included in the
Penny Pilot Program.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Act \12\ and Rule 19b-4(f)(1) thereunder,\13\
because it constitutes a stated policy, practice, or interpretation
with respect to the meaning, administration, or enforcement of an
existing BOX rule. Specifically, the proposed rule change will allow
the Exchange to implement Phase II of a Commission-approved expansion
of the Penny Pilot Program. The proposed rule change will also allow
the Exchange to modify the manner in which it will notify Participants
of the classes contained in the Penny Pilot Program.
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\12\ 15 U.S.C. 78s(b)(3)(A)(i).
\13\ 17 CFR 240.19b-4(f)(1).
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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.\14\
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\14\ See 15 U.S.C. 78s(b)(3)(C).
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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-BSE-2008-20 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-BSE-2008-20. 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 the filing also will be available for
inspection and copying at the principal office of the BSE. 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-BSE-2008-20 and should be
submitted on or before April 23, 2008.
[[Page 18015]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-6731 Filed 4-1-08; 8:45 am]
BILLING CODE 8011-01-P
