

[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Notices]               
[Page 18498-18499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap07-90]                         


[[Page 18498]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55589; File No. SR-ISE-2007-18]

 
 Self-Regulatory Organizations; International Securities 
Exchange, LLC; Notice of Filing of Proposed Rule Change Relating to 
Customer Orders on the Book

April 5, 2007.
    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 5, 2007, the International Securities Exchange, LLC (``ISE'' 
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 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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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 Exchange proposes to include in an automated information feed 
to members the aggregate quantity of customer interest at the 
Exchange's best bid and offer (``BBO'').\3\
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    \3\ The proposed rule change also will correct some cross-
references in ISE Rule 713.
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    The text of the proposed rule change is available at the Exchange's 
principal office, at http://www.iseoptions.com/legal/proposed_rule_changes.asp
, 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 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 provide all ISE 
members with information regarding orders of public customers at the 
ISE BBO. Currently, the ISE provides full customer information only to 
its Primary Market Makers (``PMMs''), who effectively act as 
specialists on the Exchange. Other ISE members do not have this 
information. Because the ISE provides customer orders with priority 
over broker-dealer orders and market maker quotations, having access to 
customer order information would allow members to know how many 
customer contracts first would need to be satisfied in order to have 
certainty of knowledge before crossing a large block. This is 
particularly useful for broker-dealers attempting to execute larger-
sized orders through the ISE's Block and Facilitation Mechanisms.\4\
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    \4\ See ISE Rule 716.
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    The ISE recently confirmed that at least one other exchange--the 
Chicago Board Options Exchange (``CBOE'')--provides all its members 
with full information regarding customer orders at that exchange's BBO. 
The information is available through the CBOE's electronic data feed to 
its members. In order to remain competitive with the CBOE, we believe 
it is necessary to provide our members with similar information. Thus, 
we propose to make available to our members the full quantity of public 
customer interest included in the Exchange's BBO.
2. Statutory Basis
    The Exchange believes that the basis under the Act for this 
proposed rule change is the requirement under Section 6(b)(5) \5\ that 
an exchange have rules that are designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
for a free and open market and a national market system, and, in 
general, to protect investors and the public interest. In particular, 
the proposal will provide members with additional information to help 
them execute their orders.
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    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    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 not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding, or (ii) as to 
which the ISE consents, the Commission will:
    A. by order approve such proposed rule change; or
    B. institute proceedings to determine whether the proposed rule 
change should be disapproved.

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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-ISE-2007-18 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-ISE-2007-18. 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

[[Page 18499]]

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 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 publicly available. All 
submissions should refer to File Number SR-ISE-2007-18 and should be 
submitted on or before May 2, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6870 Filed 4-11-07; 8:45 am]

BILLING CODE 8010-01-P
