

[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Notices]               
[Page 59126-59127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-86]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56655; File No. SR-BSE-2007-47]

 
Self-Regulatory Organizations; Boston Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to the Listing of Options Series With $2.50 Strike Price 
Intervals Between $50 and $75

October 12, 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 October 4, 2007, the Boston Stock Exchange, Inc. (``BSE'' 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 the Exchange. 
The Exchange has designated this proposal as non-controversial under 
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Supplementary Material to 
Section 6 of Chapter IV of the Rules of the Boston Options Exchange 
(``BOX'') pertaining to $2.50 strike price intervals. The text of the 
proposed rule change is available at the Exchange, the Commission's 
Public Reference Room, and http://www.bostonoptions.com.


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. NYSE has substantially 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 Exchange is proposing to amend the BOX rules to clarify its 
existing practice of listing options series with $2.50 strike price 
intervals for strike prices between $50 and $75 on those option classes 
that have been selected as part of the $2.50 Strike Price Program,\5\ 
provided that the $2.50 strike price intervals between $50 and $75 are 
no more than $10 from the closing price of the underlying stock in its 
primary market on the preceding day. For example, if an options class 
has been selected as part of the $2.50 Strike Price Program, and the 
underlying security closes at $48.50 in its primary market, the 
Exchange may list strike prices of $52.50 and $57.50 on the next 
business day. If an underlying security closes at $54.00, the Exchange 
may list strike prices of $52.50, $57.50, and $62.50 on the next 
business day.
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    \5\ See BOX Rules Ch. IV, Sec. 6, Supp. Mat. .03. Pursuant to 
the existing terms of the $2.50 Strike Price Program, BOX is 
permitted to list strike prices at $2.50 intervals where the strike 
price is greater than $25 but less than $50 on 200 option classes 
selected by the various options exchanges for participation in the 
program.
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    The proposed rule change is intended to provide customers with 
greater flexibility in their investment choices for options on stocks 
priced between $50 and $75. Similar proposals have been approved and 
adopted at competitor exchanges, resulting in additional trading 
opportunities, creation of increased flexibility in trading decisions, 
and affording customers more precision in their investment strategies.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \7\ in particular, because it 
is designed to promote just and equitable principles of trade, and, in 
general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 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 would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

[[Page 59127]]

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 written comments on 
the proposed rule change.

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

    Because the Exchange has designated the proposed rule change as one 
that does not: (i) Significantly affect the protection of investors or 
the public interest; (ii) impose any significant burden on competition; 
or (iii) become operative for 30 days after the date of filing (or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest), the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\ The Exchange 
has asked the Commission to waive the operative delay to permit the 
proposed rule change to become operative prior to the 30th day after 
filing.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ As required under Rule 19b-4(f)(6)(iii), the Exchange 
provided the Commission with written notice of its intent to file 
the proposed rule change at least five business before doing so.
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it would benefit investors by clarifying the terms of BOX's 
$2.50 Strike Price Program, and would promote competition by bringing 
the rules regarding BOX's program into agreement with the rules of 
other options exchanges with similar programs.\11\ Therefore, the 
Commission designates the proposal operative upon filing.\12\
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    \11\ See, e.g., International Securities Exchange Rule 504(g).
    \12\ For purposes only of waiving the operative delay of this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the 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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-BSE-2007-47 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-BSE-2007-47. 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 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-BSE-2007-47 and should be 
submitted on or before November 8, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-20536 Filed 10-17-07; 8:45 am]

BILLING CODE 8011-01-P
