

[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[
Notices]               
[Page 4653-4654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja08-146]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57173; File No. SR-BSE-2008-03]

 
Self-Regulatory Organizations; Boston Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Extending the iShares[reg] Russell 2000[reg] Index Fund (IWM) Option 
Pilot Program Until March 1, 2008

January 18, 2008.
    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 January 16, 2008, the Boston Stock Exchange, Inc. (``Exchange'' or 
``BSE'') 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\ 5 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 rules of the Boston Options 
Exchange (``BOX'') to extend an existing pilot program that increases 
the position and exercise limits for options on the iShares Russell 
2000 Index Fund (``IWM'') traded on BOX (``IWM Option Pilot Program''). 
The text of the rule proposal is available on the Exchange's Web site 
(http://www.bostonstock.com), at the offices of the Exchange, 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 IWM Option Pilot Program provides for increased position and 
exercise limits for IWM options traded on BOX. Specifically, the IWM 
Option Pilot Program increased the position and exercise limits for IWM 
options from 250,000 contracts to 500,000 contracts.\5\ The purpose of 
the proposed rule change is to extend the IWM Option Pilot Program for 
an additional 43 day period, through March 1, 2008.\6\ The Exchange 
believes that extending the IWM Option Pilot Program is warranted 
because maintaining the increased position and exercise limits for IWM 
options will lead to a more liquid and more competitive market 
environment for IWM options that will benefit customers interested in 
this product. The Exchange has received positive feedback from 
Participants, who have expressed a desire that the IWM Option Pilot 
Program be renewed.
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    \5\ See Securities Exchange Act Release No. 55171 (January 25, 
2007) 72 FR 4549 (January 31, 2007) (SR-BSE-2007-03) (establishing 
the IWM Option Pilot Program).
    \6\ See Securities Exchange Act Release No. 56051 (July 12, 
2007) 72 FR 39469 (July 18, 2007) (SR-BSE-2007-30) (extending the 
IWM Option Pilot Program through January 18, 2008).
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    The Exchange is not proposing any other changes to the IWM Option 
Pilot Program. The Exchange represents that it has not encountered any 
significant problems or difficulties relating to the IWM Option Pilot 
Program since its inception. The Exchange believes that the above 
stated reasons justify the IWM Option Pilot Program and requests that 
the Commission extend the IWM Option Pilot Program for the requested 
additional pilot period, through March 1, 2008.\7\
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    \7\ Pursuant to Chapter III, Section 7 of BOX Rules, the 
exercise limit established for IWM options shall be equivalent to 
the position limit prescribed for IWM options in Supplementary 
Material .02 to such section. The increased exercise limits would 
only be in effect during the pilot period and the proposed extension 
of that pilot period through March 1, 2008.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6(b) of the Act \8\ in general and furthers the objectives 
of section 6(b)(5) of the Act \9\ because it is designed to promote 
just and equitable principles of trade, to prevent fraudulent and 
manipulative acts and practices, and, in general, to protect investors 
and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 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 
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. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has designated the proposed rule change as one that: 
(1) Does not significantly affect the protection of investors or the 
public interest; (2) does not impose any significant burden on 
competition; and (3) does not become operative for 30 days from the 
date of filing, or such shorter time as the Commission may designate if 
consistent with the

[[Page 4654]]

protection of investors and the public interest. Therefore, the 
foregoing rule change has become effective pursuant to section 
19(b)(3)(A) of the Act \10\ and subparagraph (f)(6) of Rule 19b-4 
thereunder.\11\ The Exchange has asked the Commission to waive the 
operative delay to permit the IWM Option Pilot Program extension to 
become effective prior to the 30th day after filing.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide the Commission 
with written notice of its intent to file the proposed rule change, 
along with a brief description and text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has fulfilled this requirement.
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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 will allow the benefits of the IWM Option Pilot Program to 
continue without interruption.\12\ Therefore, the Commission designates 
the proposal operative upon filing.
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    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 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 the 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 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 No. SR-BSE-2008-03 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-2008-03. 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 Commissions 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-2008-03 and should be submitted on 
or before February 15, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E8-1266 Filed 1-24-08; 8:45 am]

BILLING CODE 8011-01-P
