Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Disclaimer of Warranties and the Listing of $2.50 Strikes for Options on the SIG KCI Coal IndexTM, 32379-32380 [E8-12687]
Download as PDF
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
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–NYSEArca–2008–40 and
should be submitted on or before June
27, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–12705 Filed 6–5–08; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57899; File No. SR–Phlx–
2008–40]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Disclaimer of
Warranties and the Listing of $2.50
Strikes for Options on the SIG KCI
Coal IndexTM
PWALKER on PROD1PC71 with NOTICES
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 23,
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 and II below, which Items have
been substantially prepared by Phlx.
The Exchange filed the proposal as a
‘‘non-controversial’’ proposed rule
change pursuant to section
19(b)(3)(A)(iii) of the Act 3 and Rule
19b–4(f)(6) thereunder,4 which renders
it effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Phlx proposes to add the SIG KCI Coal
IndexTM (‘‘SIG KCI Coal Index’’ or
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
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 those
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
June 2, 2008.
12 17
‘‘Index’’) to Phlx Rule 1101A, Terms of
Options Contracts, regarding listing
options at strike price intervals of $2.50
or greater and to Phlx Rule 1104A, SIG
Indices, LLLP, regarding disclaimer of
express or implied warranties.5 The text
of the proposed rule change is available
at Phlx’s principal office, the
Commission’s Public Reference Room,
and https://www.phlx.com.
1. Purpose
The purpose of the proposed rule
change is to amend Phlx Rules 1101A
and 1104A to include the SIG KCI Coal
Index that was recently licensed by SIG
Indices, LLLP (‘‘Susquehanna’’) to the
Exchange, which would enable the
Exchange to list the index at $2.50 or
greater strike price intervals and limit
Susquehanna’s liability with respect to
the Index. This proposal should
encourage listing such options at
appropriate strike price intervals to the
benefit of investors and should
encourage maintenance of the Index by
Susquehanna so that options overlying
the index may be available for trading.6
Phlx Rule 1101A currently indicates
that the Exchange shall determine fixed
point strike price intervals for index
options at no less than $5.00, provided
that for indexes that are listed in Phlx
Rule 1101A the Exchange may
determine to list strike prices at no less
than $2.50 intervals if the strike price is
less than $200.7 The rule also provides
that such options may be traded at $2.50
5 The SIG Indexes noted herein are trademarks of
SIG Indices, LLLP.
6 The Exchange has recently entered into a
licensing agreement with Susquehanna that would,
among other things, allow the Exchange to list and
trade options on the SIG KCI Coal IndexTM
(‘‘License Agreement’’).
7 See Securities Exchange Act Release No. 54973
(December 20, 2006), 71 FR 78252 (December 28,
2006) (SR–Phlx–2006–82).
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
32379
strike price intervals in response to
customer interest or specialist request.
The proposed rule change adds the SIG
KCI Coal Index to the list of indexes in
Phlx Rule 1101A upon which the
Exchange may list options at $2.50
strike price intervals.
Phlx Rule 1104A currently provides
that Susquehanna makes no warranty,
express or implied, as to results to be
obtained by any person or entity from
the use of Susquehanna proprietary
indexes,8 and that Susquehanna makes
no express or implied warranties of
merchantability or fitness for a
particular purpose for use with respect
to any of the named indexes or any data
included therein.9 The proposed rule
change expands the coverage of Phlx
Rule 1104A to include the Index, as
required by the License Agreement.
The Exchange believes that the
proposal should benefit investors by
effectively encouraging the listing and
trading of options on an additional
Susquehanna index at more precise
strike price intervals, thereby expanding
the availability of appropriate
investment choices for investors.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,10 in general, and furthers the
objectives of section 6(b)(5) of the Act,11
in particular, in that it is designed to
foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, 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. The Exchange believes
that the proposed rule change should
8 The indexes noted in Phlx Rule 1101A include
the SIG Investment Managers IndexTM, the SIG
Cable, Media & Entertainment IndexTM, the SIG
Casino Gaming IndexTM, the SIG Semiconductor
Equipment IndexTM, the SIG Semiconductor Device
IndexTM, the SIG Specialty Retail IndexTM, the SIG
Steel Producers IndexTM, the SIG Footwear &
Athletic IndexTM, the SIG Education IndexTM, the
SIG Restaurant IndexTM, the SIG Coal Producers
IndexTM, and the SIG Energy MLP IndexTM.
9 The Exchange noted in its filing to adopt Phlx
Rule 1104A that the proposed disclaimer was
appropriate given that it was similar to disclaimer
provisions of American Stock Exchange (‘‘AMEX’’)
Rule 902C relating to indexes underlying options
listed on that exchange. See Securities Exchange
Act Release No. 48135 (July 7, 2003), 68 FR 42154
(July 16, 2003) (approving SR–Phlx–2003–21). The
Exchange has proposed amendments similar to the
current proposal to include a new index in Phlx
Rule 1104A. See Securities Exchange Act Release
No. 51664 (May 6, 2005), 70 FR 25641 (May 13,
2005) (SR–Phlx–2005–24).
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(5).
E:\FR\FM\06JNN1.SGM
06JNN1
32380
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
encourage SIG Indices, LLLP to
continue maintaining indexes upon
which options may be traded on the
Exchange, thereby providing investors
with enhanced investment
opportunities.
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
Because the foregoing proposed rule
change does not: (1) Significantly affect
the protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest, it has
become effective pursuant to section
19(b)(3)(A) of the Act 12 and Rule 19b–
4(f)(6) thereunder.13
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing.14 However, Rule 19b–
4(f)(6) 15 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. Phlx
has requested that the Commission
waive the 30-day operative delay. The
Commission believes that granting this
request is consistent with the protection
of investors and the public interest
because it will allow the Exchange to
offer additional strike prices for options
on the SIG KCI Coal Index to investors
without delay. For this reason, the
12 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). When filing a proposed
rule change pursuant to Rule 19b–4(f)(6) under the
Act, an Exchange is required to give the
Commission written notice of its intent to file the
proposed rule change, along with a brief description
and text of the proposed rule change, at least five
business days prior to the date of filing of the
proposed rule change, or such shorter time as
designated by the Commission. The Exchange
provided notice to the Commission two business
days prior to filing the proposed rule change, and
the Commission has determined to waive the five
business day requirement.
14 17 CFR 240.19b–4(f)(6)(iii).
15 Id.
PWALKER on PROD1PC71 with NOTICES
13 17
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
Commission designates the proposal to
be effective and operative upon filing
with the Commission.16
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 the furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2008–40 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2008–40. 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
16 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
the principal office of 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–2008–40 and should
be submitted on or before June 27, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–12687 Filed 6–5–08; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 11264 and # 11265]
Iowa Disaster Number IA–00015
U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for the State of Iowa (FEMA–
1763–DR), dated 05/27/2008.
Incident: Severe Storms, Tornadoes,
and Flooding.
Incident Period: 05/25/2008 and
continuing.
05/30/2008.
Physical Loan Application Deadline
Date: 07/28/2008.
EIDL Loan Application Deadline Date:
02/27/2009.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: The notice
of the Presidential disaster declaration
for the State of IOWA, dated 05/27/2008
is hereby amended to include the
following areas as adversely affected by
the disaster:
Primary Counties: (Physical Damage and
Economic Injury Loans): Black
Hawk, Buchanan.
Contiguous Counties: (Economic Injury
Loans Only):
Iowa: Benton, Clayton, Delaware,
Fayette, Linn, Tama.
EFFECTIVE DATE:
17 17
E:\FR\FM\06JNN1.SGM
CFR 200.30–3(a)(12).
06JNN1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32379-32380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12687]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57899; File No. SR-Phlx-2008-40]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Disclaimer of Warranties and the Listing of $2.50 Strikes
for Options on the SIG KCI Coal Index\TM\
June 2, 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 May 23, 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 and
II below, which Items have been substantially prepared by Phlx. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders it effective upon filing with
the Commission. 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
Phlx proposes to add the SIG KCI Coal Index\TM\ (``SIG KCI Coal
Index'' or ``Index'') to Phlx Rule 1101A, Terms of Options Contracts,
regarding listing options at strike price intervals of $2.50 or greater
and to Phlx Rule 1104A, SIG Indices, LLLP, regarding disclaimer of
express or implied warranties.\5\ The text of the proposed rule change
is available at Phlx's principal office, the Commission's Public
Reference Room, and https://www.phlx.com.
---------------------------------------------------------------------------
\5\ The SIG Indexes noted herein are trademarks of SIG Indices,
LLLP.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, 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 those 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 parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend Phlx Rules
1101A and 1104A to include the SIG KCI Coal Index that was recently
licensed by SIG Indices, LLLP (``Susquehanna'') to the Exchange, which
would enable the Exchange to list the index at $2.50 or greater strike
price intervals and limit Susquehanna's liability with respect to the
Index. This proposal should encourage listing such options at
appropriate strike price intervals to the benefit of investors and
should encourage maintenance of the Index by Susquehanna so that
options overlying the index may be available for trading.\6\
---------------------------------------------------------------------------
\6\ The Exchange has recently entered into a licensing agreement
with Susquehanna that would, among other things, allow the Exchange
to list and trade options on the SIG KCI Coal Index\TM\ (``License
Agreement'').
---------------------------------------------------------------------------
Phlx Rule 1101A currently indicates that the Exchange shall
determine fixed point strike price intervals for index options at no
less than $5.00, provided that for indexes that are listed in Phlx Rule
1101A the Exchange may determine to list strike prices at no less than
$2.50 intervals if the strike price is less than $200.\7\ The rule also
provides that such options may be traded at $2.50 strike price
intervals in response to customer interest or specialist request. The
proposed rule change adds the SIG KCI Coal Index to the list of indexes
in Phlx Rule 1101A upon which the Exchange may list options at $2.50
strike price intervals.
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 54973 (December 20,
2006), 71 FR 78252 (December 28, 2006) (SR-Phlx-2006-82).
---------------------------------------------------------------------------
Phlx Rule 1104A currently provides that Susquehanna makes no
warranty, express or implied, as to results to be obtained by any
person or entity from the use of Susquehanna proprietary indexes,\8\
and that Susquehanna makes no express or implied warranties of
merchantability or fitness for a particular purpose for use with
respect to any of the named indexes or any data included therein.\9\
The proposed rule change expands the coverage of Phlx Rule 1104A to
include the Index, as required by the License Agreement.
---------------------------------------------------------------------------
\8\ The indexes noted in Phlx Rule 1101A include the SIG
Investment Managers Index\TM\, the SIG Cable, Media & Entertainment
Index\TM\, the SIG Casino Gaming Index\TM\, the SIG Semiconductor
Equipment Index\TM\, the SIG Semiconductor Device Index\TM\, the SIG
Specialty Retail Index\TM\, the SIG Steel Producers Index\TM\, the
SIG Footwear & Athletic Index\TM\, the SIG Education Index\TM\, the
SIG Restaurant Index\TM\, the SIG Coal Producers Index\TM\, and the
SIG Energy MLP Index\TM\.
\9\ The Exchange noted in its filing to adopt Phlx Rule 1104A
that the proposed disclaimer was appropriate given that it was
similar to disclaimer provisions of American Stock Exchange
(``AMEX'') Rule 902C relating to indexes underlying options listed
on that exchange. See Securities Exchange Act Release No. 48135
(July 7, 2003), 68 FR 42154 (July 16, 2003) (approving SR-Phlx-2003-
21). The Exchange has proposed amendments similar to the current
proposal to include a new index in Phlx Rule 1104A. See Securities
Exchange Act Release No. 51664 (May 6, 2005), 70 FR 25641 (May 13,
2005) (SR-Phlx-2005-24).
---------------------------------------------------------------------------
The Exchange believes that the proposal should benefit investors by
effectively encouraging the listing and trading of options on an
additional Susquehanna index at more precise strike price intervals,
thereby expanding the availability of appropriate investment choices
for investors.
2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\10\ in general, and furthers the objectives of section
6(b)(5) of the Act,\11\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
The Exchange believes that the proposed rule change should
[[Page 32380]]
encourage SIG Indices, LLLP to continue maintaining indexes upon which
options may be traded on the Exchange, thereby providing investors with
enhanced investment opportunities.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f(b).
\11\ 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
Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change
pursuant to Rule 19b-4(f)(6) under the Act, an Exchange is required
to give the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date
of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange provided notice to the
Commission two business days prior to filing the proposed rule
change, and the Commission has determined to waive the five business
day requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\14\
However, Rule 19b-4(f)(6) \15\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. Phlx has requested that the
Commission waive the 30-day operative delay. The Commission believes
that granting this request is consistent with the protection of
investors and the public interest because it will allow the Exchange to
offer additional strike prices for options on the SIG KCI Coal Index to
investors without delay. For this reason, the Commission designates the
proposal to be effective and operative upon filing with the
Commission.\16\
---------------------------------------------------------------------------
\14\ 17 CFR 240.19b-4(f)(6)(iii).
\15\ Id.
\16\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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 the furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2008-40 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2008-40. 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 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-2008-40 and
should be submitted on or before June 27, 2008.
---------------------------------------------------------------------------
\17\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12687 Filed 6-5-08; 8:45 am]
BILLING CODE 8010-01-P