

[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]               
[Page 44070-44071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au06-89]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54233; File No. SR-Phlx-2006-44]

 
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Order Granting Accelerated Approval of Proposed 
Rule Change To Extend the Linkage Fee Pilot Program

July 27, 2006.
    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 July 17, 2006, 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 prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons and is approving the 
proposal on an accelerated basis for a pilot period through July 31, 
2007.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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 I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Phlx proposes to extend, for a one-year period, a pilot 
relating to transaction fees applicable to the execution of Principal 
Acting as Agent Orders (``P/A Orders'') \3\ and Principal Orders (``P 
Orders'') \4\ sent to the Exchange via the Intermarket Option Linkage 
(``Linkage'') under the Plan for the Purpose of Creating and Operating 
an Intermarket Option Linkage (the ``Plan'').\5\ The Exchange proposes 
to extend the pilot through July 31, 2007. The text of the proposed 
rule change is available on the Phlx's Web site at (http://www.phlx.com
), at the Exchange's Office of the Secretary, and at the 

Commission's Public Reference Room.
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    \3\ A P/A Order is an order for the principal account of a 
specialist reflecting the terms of a related unexecuted Public 
Customer order for which the specialist is acting as agent. See Phlx 
Rule 1083(k)(i).
    \4\ A P Order is an order for the principal account of an 
Eligible Market Maker and is not a P/A Order. See Phlx Rule 
1083(k)(ii).
    \5\ See Securities Exchange Act Release Nos. 44482 (June 27, 
2001), 66 FR 35470 (July 5, 2001) (Amendment to Plan to Conform to 
the Requirements of Securities Exchange Act Rule 11Ac1-7); 43573 
(November 16, 2000), 65 FR 70851 (November 28, 2000) (Notice of Phlx 
Joining the Plan); and 43086 (July 28, 2000), 65 FR 48023 (August 4, 
2000) (Approval of the Plan).
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 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 III 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 extend the current 
pilot program for one year, through July 31, 2007. The Exchange 
currently charges $0.25 per option contract for P Orders sent to the 
Exchange via Linkage under the Plan. The Exchange currently charges 
$0.15 per option contract for P/A Orders.
    By extending the current pilot program, the Exchange should remain 
competitive with other exchanges that charge fees for P and P/A 
Orders.\6\

[[Page 44071]]

Consistent with current practice, the Exchange will charge the clearing 
member organization of the sender of P and P/A Orders. Also, the 
Exchange will not charge for the execution of Satisfaction Orders sent 
through Linkage.
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    \6\ See Securities Exchange Act Release Nos. 52168 (July 29, 
2005), 70 FR 45454 (August 5, 2005) (SR-ISE-2005-32); 52147 (July 
28, 2005), 70 FR 44706 (August 3, 2005) (SR-BSE-2005-25); 52151 
(July 28, 2005), 70 FR 44713 (August 3, 2005) (SR-PCX-2005-86); 
52073 (July 20, 2005), 70 FR 43474 (July 27, 2005) (SR-CBOE-2005-
54). See also Securities Exchange Act Release No. 54064 (June 28, 
2006), 71 FR 38438 (July 6, 2006) (SR-CBOE-2006-59).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act,\7\ in general, and Section 6(b)(4) of the Act,\8\ in 
particular, in that the proposed rule change provides for the equitable 
allocation of reasonable dues, fees and other charges among its members 
and other persons using its facilities.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change does not 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. 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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-Phlx-2006-44 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2006-44. 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 (http://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. Copies of the 
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-2006-44 and should be submitted on or before August 
24, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of 
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed 
rule change is consistent with the requirements of the Act and the 
rules and regulations thereunder applicable to a national securities 
exchange,\9\ and, in particular, the requirements of Section 6(b) of 
the Act \10\ and the rules and regulations thereunder. The Commission 
finds that the proposed rule change is consistent with Section 6(b)(4) 
of the Act,\11\ which requires that the rules of the Exchange provide 
for the equitable allocation of reasonable dues, fees and other charges 
among its members and other persons using its facilities. The 
Commission believes that the extension of the Linkage fee pilot until 
July 31, 2007 will give the Exchange and the Commission further 
opportunity to evaluate whether such fees are appropriate.
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    \9\ In approving this proposal, the Commission has considered 
the proposed rule's impact on efficiency, competition, and capital 
formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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    The Commission finds good cause, pursuant to Section 19(b)(2) of 
the Act,\12\ for approving the proposed rule change prior to the 
thirtieth day after publication of notice thereof in the Federal 
Register. The Commission believes that granting accelerated approval of 
the proposed rule change will preserve the Exchange's existing pilot 
program for Linkage fees without interruption as the Exchange and the 
Commission further considers the appropriateness of Linkage fees.
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    \12\ 15 U.S.C. 78s(b)(2).
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 V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\13\ that the proposed rule change (SR-Phlx-2006-44) is hereby 
approved on an accelerated basis for a pilot period to expire on July 
31, 2007.
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    \13\ Id.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-12522 Filed 8-2-06; 8:45 am]

BILLING CODE 8010-01-P
