
[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]               
[Page 39358-39359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy08-111]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58072; File No. SR-ISE-2008-51]

 
Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change to Establish an Exemption for Certain Regulation NMS-Compliant 
Intermarket Sweep Orders From the Requirements in Rule 2119 (Equity 
EAMs Acting as Brokers) and Conform Rule 2119 to Financial Industry 
Regulatory Authority Rules

July 1, 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 June 24, 2008, the International Securities Exchange, LLC 
(``Exchange'' or ``ISE'') 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 ISE proposes to amend its Rule 2119 (Equity EAMs Acting as 
Brokers) to conform it to similar Financial Industry Regulatory 
Authority, Inc. (``FINRA'') rules. The text of the proposed rule change 
is available on the Exchange's Web site (http://www.ise.com), at the 
principal office 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
    ISE Rule 2119 generally prohibits an Equity Electronic Access 
Member (``Equity EAM'') from trading for its own account in a security 
when the Equity EAM is either holding an unexecuted customer market 
order in that security or trades at a price that is equal to or better 
than an unexecuted customer limit order that it holds in that security. 
Although FINRA rules impose similar obligations, FINRA provides for 
exceptions and exemptions to this obligation that the Exchange now 
seeks to adopt.
    The Exchange proposes to amend Rule 2119 to include an exception 
that allows an Equity EAM to trade for its own account in a security 
when the Equity EAM is either holding an unexecuted customer market 
order in that security or trades at a price that is equal to or better 
than an unexecuted customer limit order that it holds in that security, 
provided that the Equity EAM immediately thereafter executes the 
customer order up to the size and at the same price at which it traded 
for its own account or better.
    The Exchange also proposes to amend Rule 2119 to add an exemption 
that was recently adopted by FINRA. On May 6, 2008, the Commission 
approved amendments to FINRA Rule 2111 and IM-2110-2 that establish an 
intermarket sweep order (``ISO'') exemption.\5\ This exemption provides 
members with relief

[[Page 39359]]

from the obligations related to trading in their own accounts while 
holding an unexecuted customer order. Specifically, an exemption 
applies when an ISO is routed for the member's own account and a 
customer order is received after the member routed the ISO, but before 
the member receives an execution. Additionally, an exemption applies 
when the member executes an ISO to facilitate a customer order and that 
customer has consented to not receiving the better prices obtained by 
the ISO.
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    \5\ See Securities Exchange Release No. 57784 (May 6, 2008), 73 
FR 27587 (May 13, 2008) (SR-FINRA-2007-39) (``Release No. 34-
57784'').
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    The Exchange proposes to amend Rule 2119 to incorporate these 
exceptions and exemptions into its Rule to facilitate member compliance 
with Regulation NMS and to more closely align ISE Rules with similar 
FINRA rules.
2. Statutory Basis
    The basis for this proposed rule change is found in Section 6(b)(5) 
\6\ of the Act. Specifically, the Exchange believes the proposed rule 
change is consistent with the requirement in Section 6(b)(5) that the 
rules of an exchange be designed 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.
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    \6\ 15 U.S.C. 78(f)(b)(5).
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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 not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

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 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 \7\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\8\ 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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 has determined that waiving the 30-day operative 
delay of the Exchange's proposal is consistent with the protection of 
investors and the public interest and will promote competition because 
the Exchange's proposal comports with FINRA rules that previously were 
approved by the Commission.\9\ In addition, such waiver would allow the 
Exchange to provide for, without delay, consistent application of these 
rules for its members that also are members of FINRA. Therefore, the 
Commission designates the proposal operative upon filing.\10\
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    \9\ See, e.g., Release No. 34-57884, supra note 5.
    \10\ 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-ISE-2008-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2008-51. 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 No. SR-ISE-2008-51 and should be submitted on or 
before July 30, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15496 Filed 7-8-08; 8:45 am]

BILLING CODE 8010-01-P
