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DOCUMENT ID: [Release No. 34-56898; File Nos. SR-Amex-2007-124; SR-BSE-2007-50; SR- CBOE-2007-144; SR-ISE-2007-108; SR-NYSEArca-2007-116; SR-Phlx-2007-88]
SUBJECT CATEGORY: Self-Regulatory Organizations; American Stock Exchange LLC: Notice of Filing and Order Granting Accelerated Approval to Proposed Rule Change, as Amended, Relating to Linkage Order; Boston Stock Exchange, Inc., Chicago Board Options Exchange, Incorporated; International Securities Exchange, LLC, NYSE Arca, Inc., and Philadelphia Stock Exchange, Inc.: Notice of Filing and Order Granting Accelerated Approval to a Proposed Rule Change Relating to Linkage Orders
DOCUMENT SUMMARY: December 5, 2007.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b4 thereunder,\2\ notice is hereby given that
on November 28, 2007, November 28, 2007, November 27, 2007, November
13, 2007, December 4, 2007, and November 27, 2007, the American Stock
Exchange LLC (``Amex''), the Boston Stock Exchange, Inc. (``BSE''), the
Chicago Board Options Exchange, Incorporated (``CBOE''); the
International Securities Exchange, LLC (``ISE''), the NYSE Arca, Inc.
(``NYSE Arca''), and the Philadelphia Stock Exchange, Inc. (``Phlx'')
(each, an ``Exchange'' and, collectively, the ``Exchanges''),
respectively, filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes as described in Items I and
II below. On December 4, 2007, Amex filed Amendment No. 1 to its
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule changes from interested persons
and is approving the proposed rule changes on an accelerated basis. \1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
I. SelfRegulatory Organizations' Statement of the Terms of Substance of the Proposed Rule Changes
The Exchanges propose to amend their respective rules pertaining to
the Intermarket Options Linkage (``Linkage'') to conform such rules to
Joint Amendment No. 25 \3\ of the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage (``Linkage Plan'').\4\ The text
of the proposed rule changes are available at the Exchanges' Web
sites,\5\ the Exchanges' principal offices, and at the Commission's Public Reference Room.
\3\ See Securities Exchange Act Release No. 56893 (December 4, 2007).
\4\ On July 28, 2000, the Commission approved a national market
system plan for the purpose of creating and operating an intermarket
options market linkage (``Linkage'') proposed by Amex, CBOE, and
ISE. See Securities Exchange Act Release No. 43086 (July 28, 2000),
65 FR 48023 (August 4, 2000). Subsequently, Phlx, Pacific Exchange,
Inc. (n/k/a NYSE Arca, Inc.), and BSE joined the Linkage Plan. See
Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65
FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850
(November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004).
\5\ See http://www.bostonstock.com, http://www.cboe.com, http://www.iseoptions.com, http://www.nyse.com, and
http://www.phlx.com.
II. SelfRegulatory Organizations' Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes
In its filing with the Commission, each Exchange included
statements concerning the purpose of, and basis for, its proposed rule
change and discussed any comments it received on the proposed rule
change. The text of the statements may be examined at the places
specified in Item III below. The Exchanges have prepared summaries, set
forth in Sections A, B, and C, below, of the most significant aspects of such statements.
[[Page 70355]]
A. SelfRegulatory Organizations' Statement for the Purpose of, and Statutory Basis for, the Proposed Rule Change
The Exchanges propose to reduce certain ``turnaround'' times in
the Linkage to 3 seconds. Specifically, if a member \6\ of an Exchange
does not receive a response to its Linkage Order \7\ seconds, that
member would be able to reject any response purporting to be an
execution received thereafter. The member would also be able to trade
through the Exchange that failed to respond within 3 seconds after
receiving that order and, if the Exchange that sent the Linkage Order
cancels such response, the member would be required to cancel any
purported trade resulting from that order. The Exchanges state that, as
they have become more automated, experience with Linkage indicates that
reducing the turnaround time to 3 seconds is expected to facilitate
speedy executions of orders while not adversely affecting the ability
of members to make markets on their Exchanges. The Exchanges submitted
the proposed rule changes in conjunction with Joint Amendment No. 25 to the Linkage Plan.\8\
\6\ The term ``member,'' as used herein, includes NYSE Arca OTP
Holders and OTP Firms and Boston Options Exchange (``BOX'') Options
Participants. See NYSE Arca Rules 1.1(q) and 1.1(r) and Chapter 1, Sec. 1(a)(40) of BOX Rules, respectively.
\7\ See Section 2(16) of the Linkage Plan. For the purposes of
these proposed rule changes only, references to ``Linkage Orders''
herein pertain to Principal Acting as Agent (``P/A'') Order and
Principal Orders. See Section 2(16)(a) and (b) of the Linkage Plan,
respectively, for definitions of ``P/A Order'' and ``Principal Order.''
\8\ Joint Amendment No. 25 to the Linkage Plan became summarily
effective for a period not to exceed 120 days on December 4, 2007. See supra note 3.
The Exchanges believe the proposed rule changes are consistent with
the Act and the rules and regulations under the Act applicable to
national securities exchanges and, in particular, the requirements of
Section 6(b) of the Act.\9\ Specifically, the Exchanges believe the
proposed rule changes are consistent with the requirements of Section
6(b)(5) of the Act \10\ that the rules of an exchange be 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.
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
B. SelfRegulatory Organizations' Statement on Burden on Competition
The Exchanges believe that the proposed rule changes would impose
no burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
C. SelfRegulatory Organizations' Statement on Comments on the Proposed Rule Changes Received From Members, Participants or Others
The Exchanges have neither solicited nor received comments on these proposals.
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
changes are consistent with the Act. Comments may be submitted by any of the following methods:
Electronic Comments
After careful consideration, the Commission finds that the proposed
rule changes are consistent with the requirements of the Act and the
rules and regulations thereunder, applicable to national securities
exchanges.\11\ In particular, the Commission finds that the proposals
are consistent with the provisions of Section 6(b)(5) of the Act \12\
in that they are 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. The Commission believes that
reducing the time required by an Exchange to respond to a Linkage Order
and reducing the amount of time a member sending a Linkage Order must
wait before trading through a nonresponsive Exchange should facilitate the more timely execution of orders across the Exchanges.
\11\ In approving these proposed rule changes, the Commission
has considered their impact on efficiency, competition, and capital formation. See U.S.C. 78c(f).
The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act \13\ for approving the proposal prior to the thirtieth day
after the date of publication of the notice of the filing thereof in
the Federal Register. Granting accelerated approval would facilitate
the implementation of these changes in conjunction with the
implementation of Joint Amendment No. 25 to the Linkage Plan.\14\ \13\ 15 U.S.C. 78s(b)(2).
\14\ See supra note 8.
[[Page 70356]]
It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SRAmex2007124), as amended, and proposed rule changes (SRBSE200750; SRCBOE2007144; SRISE2007 108; SRNYSEArca2007116; SRPhlx200788) are hereby approved on an accelerated basis.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\
\15\ 17 CFR 200.303(a)(12).
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E723923 Filed 121007; 8:45 am]
BILLING CODE 801101P
SUMMARY: American Stock Exchange LLC et al.,
DOCUMENT BODY 2: December 5, 2007.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b4 thereunder,\2\ notice is hereby given that
on November 28, 2007, November 28, 2007, November 27, 2007, November
13, 2007, December 4, 2007, and November 27, 2007, the American Stock
Exchange LLC (``Amex''), the Boston Stock Exchange, Inc. (``BSE''), the
Chicago Board Options Exchange, Incorporated (``CBOE''); the
International Securities Exchange, LLC (``ISE''), the NYSE Arca, Inc.
(``NYSE Arca''), and the Philadelphia Stock Exchange, Inc. (``Phlx'')
(each, an ``Exchange'' and, collectively, the ``Exchanges''),
respectively, filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes as described in Items I and
II below. On December 4, 2007, Amex filed Amendment No. 1 to its
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule changes from interested persons
and is approving the proposed rule changes on an accelerated basis. \1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
I. SelfRegulatory Organizations' Statement of the Terms of Substance of the Proposed Rule Changes
The Exchanges propose to amend their respective rules pertaining to
the Intermarket Options Linkage (``Linkage'') to conform such rules to
Joint Amendment No. 25 \3\ of the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage (``Linkage Plan'').\4\ The text
of the proposed rule changes are available at the Exchanges' Web
sites,\5\ the Exchanges' principal offices, and at the Commission's Public Reference Room.
\3\ See Securities Exchange Act Release No. 56893 (December 4, 2007).
\4\ On July 28, 2000, the Commission approved a national market
system plan for the purpose of creating and operating an intermarket
options market linkage (``Linkage'') proposed by Amex, CBOE, and
ISE. See Securities Exchange Act Release No. 43086 (July 28, 2000),
65 FR 48023 (August 4, 2000). Subsequently, Phlx, Pacific Exchange,
Inc. (n/k/a NYSE Arca, Inc.), and BSE joined the Linkage Plan. See
Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65
FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850
(November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004).
\5\ See http://www.bostonstock.com, http://www.cboe.com, http://www.iseoptions.com, http://www.nyse.com, and
http://www.phlx.com.
II. SelfRegulatory Organizations' Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes
In its filing with the Commission, each Exchange included
statements concerning the purpose of, and basis for, its proposed rule
change and discussed any comments it received on the proposed rule
change. The text of the statements may be examined at the places
specified in Item III below. The Exchanges have prepared summaries, set
forth in Sections A, B, and C, below, of the most significant aspects of such statements.
[[Page 70355]]
A. SelfRegulatory Organizations' Statement for the Purpose of, and Statutory Basis for, the Proposed Rule Change
The Exchanges propose to reduce certain ``turnaround'' times in
the Linkage to 3 seconds. Specifically, if a member \6\ of an Exchange
does not receive a response to its Linkage Order \7\ seconds, that
member would be able to reject any response purporting to be an
execution received thereafter. The member would also be able to trade
through the Exchange that failed to respond within 3 seconds after
receiving that order and, if the Exchange that sent the Linkage Order
cancels such response, the member would be required to cancel any
purported trade resulting from that order. The Exchanges state that, as
they have become more automated, experience with Linkage indicates that
reducing the turnaround time to 3 seconds is expected to facilitate
speedy executions of orders while not adversely affecting the ability
of members to make markets on their Exchanges. The Exchanges submitted
the proposed rule changes in conjunction with Joint Amendment No. 25 to the Linkage Plan.\8\
\6\ The term ``member,'' as used herein, includes NYSE Arca OTP
Holders and OTP Firms and Boston Options Exchange (``BOX'') Options
Participants. See NYSE Arca Rules 1.1(q) and 1.1(r) and Chapter 1, Sec. 1(a)(40) of BOX Rules, respectively.
\7\ See Section 2(16) of the Linkage Plan. For the purposes of
these proposed rule changes only, references to ``Linkage Orders''
herein pertain to Principal Acting as Agent (``P/A'') Order and
Principal Orders. See Section 2(16)(a) and (b) of the Linkage Plan,
respectively, for definitions of ``P/A Order'' and ``Principal Order.''
\8\ Joint Amendment No. 25 to the Linkage Plan became summarily
effective for a period not to exceed 120 days on December 4, 2007. See supra note 3.
The Exchanges believe the proposed rule changes are consistent with
the Act and the rules and regulations under the Act applicable to
national securities exchanges and, in particular, the requirements of
Section 6(b) of the Act.\9\ Specifically, the Exchanges believe the
proposed rule changes are consistent with the requirements of Section
6(b)(5) of the Act \10\ that the rules of an exchange be 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.
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
B. SelfRegulatory Organizations' Statement on Burden on Competition
The Exchanges believe that the proposed rule changes would impose
no burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
C. SelfRegulatory Organizations' Statement on Comments on the Proposed Rule Changes Received From Members, Participants or Others
The Exchanges have neither solicited nor received comments on these proposals.
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
changes are consistent with the Act. Comments may be submitted by any of the following methods:
Electronic Comments
After careful consideration, the Commission finds that the proposed
rule changes are consistent with the requirements of the Act and the
rules and regulations thereunder, applicable to national securities
exchanges.\11\ In particular, the Commission finds that the proposals
are consistent with the provisions of Section 6(b)(5) of the Act \12\
in that they are 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. The Commission believes that
reducing the time required by an Exchange to respond to a Linkage Order
and reducing the amount of time a member sending a Linkage Order must
wait before trading through a nonresponsive Exchange should facilitate the more timely execution of orders across the Exchanges.
\11\ In approving these proposed rule changes, the Commission
has considered their impact on efficiency, competition, and capital formation. See U.S.C. 78c(f).
The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act \13\ for approving the proposal prior to the thirtieth day
after the date of publication of the notice of the filing thereof in
the Federal Register. Granting accelerated approval would facilitate
the implementation of these changes in conjunction with the
implementation of Joint Amendment No. 25 to the Linkage Plan.\14\ \13\ 15 U.S.C. 78s(b)(2).
\14\ See supra note 8.
[[Page 70356]]
It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SRAmex2007124), as amended, and proposed rule changes (SRBSE200750; SRCBOE2007144; SRISE2007 108; SRNYSEArca2007116; SRPhlx200788) are hereby approved on an accelerated basis.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\
\15\ 17 CFR 200.303(a)(12).
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E723923 Filed 121007; 8:45 am]
BILLING CODE 801101P
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 50 CFR Part 665 47 CFR Part 76 50 CFR Part 229 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522