

[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]               
[Page 36538-36539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy07-118]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55958; File No. SR-Phlx-2007-45]

 
Self-Regulatory Organizations; Philadelphia Stock Exchange Inc; 
Notice of Filing of Proposed Rule Change Relating To Establish New 
Procedures To Be Followed When Trading Halts on the Primary Market for 
the Underlying Security

June 26, 2007.
    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 June 14, 2007, 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, II 
and III below, which Items have been prepared by Phlx. 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

    Phlx proposes to amend Exchange Rules 1047, Trading Rotations, 
Halts and Suspensions concerning equity options, 1047A, Trading 
Rotations, Halts or Reopenings concerning index options, and OFPA G-2, 
Trading Rotations, Halts or Reopenings, to establish new procedures to 
be followed when trading halts on the primary market for the underlying 
security.
    The text of the proposed rule change is available at Phlx, http://www.phlx.com
, and 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, Phlx included statements 
concerning the 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. Phlx has prepared summaries, set forth in Sections A, B, 
and C below, of the most significant aspects of such statements.

[[Page 36539]]

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 help Exchange options 
specialists and Registered Options Traders (``ROTs'') better manage 
risk following a trading halt on the primary market in the underlying 
security by permitting specialists to halt trading in the overlying 
option prior to receiving approval from an Options Exchange Official.
    Under current Exchange rules, in order to halt trading in an 
option, the specialist in the option must seek out and obtain prior 
approval from an Options Exchange Official to do so. Typically, when 
trading in the underlying security halts on the primary market, a 
period of time passes before the specialist (a) learns of the halt on 
the primary market in the underlying security; and (b) is able to 
obtain the necessary approval to halt trading in the overlying option. 
During this time period, the specialist and ROTs continue to 
disseminate quotations in the option and are at significant market risk 
due to uncertainty in the pricing of the option.
    The proposal would change the procedure for halting trading in 
equity options in the overlying option when trading is halted on the 
primary market in the underlying security, and in index options when 
trading on the primary market in underlying securities representing 
more than 10% of the current index value is halted. Specifically, the 
proposal would permit the specialist to halt trading in the option in 
these circumstances prior to receiving approval from an Options 
Exchange Official, provided that such approval is granted within five 
minutes following the halt of trading in the option.
    The Exchange believes that this should reduce the time period 
following a trading halt on the primary market in the underlying 
security before trading the overlying option is halted, thus enabling 
specialists to halt trading in the overlying option more expeditiously.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \3\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \4\ in particular, in that it is 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, 
by enabling Exchange options specialists and ROTs to better manage 
their market risk.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 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 
result in 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

    Written comments were neither solicited nor received.

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 self-regulatory organization 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-Phlx-2007-45 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-Phlx-2007-45. 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, 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-2007-45 and should be 
submitted on or before July 24, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary. 6 5
 [FR Doc. E7-12780 Filed 7-2-07; 8:45 am]

BILLING CODE 8010-01-P
