
[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Notices]               
[Page 61192-61193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no09-102]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61009; File No. SR-ISE-2009-97]

 
Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Regarding the Closing Settlement Value for the Brazilian Real

November 16, 2009.
    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 November 10, 2009, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') 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 the Exchange. The Exchange has filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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).
    \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 its Rule 2212 regarding the closing 
settlement value for the Brazilian real. 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 self-regulatory organization 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 proposes to amend its rules regarding Foreign Currency Options 
(``FX Options'') \5\ traded on the Exchange. Specifically, ISE proposes 
to amend its Rule 2213 regarding the closing settlement value for 
options on the Brazilian real. The Brazilian real is one of the 19 
underlying currencies that have been approved for trading by the 
SEC.\6\ Pursuant to the FX Options Filing, the Exchange currently lists 
options on 9 currency pairs and anticipates listing additional FX 
Options shortly, including options on the Brazilian real.
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    \5\ ISE began trading FX options on April 17, 2007 pursuant to 
Commission approval. See Securities Exchange Act Release No. 55575 
(April 3, 2007), 72 FR 17963 (April 10, 2007) (SR-ISE-2006-59) (the 
``FX Options Filing'').
    \6\ Id.
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    Currently, ISE's rule for determining the closing settlement value 
for FX Options, including the Brazilian real, states that the closing 
settlement value shall be shall be determined by using the WM/Reuters 
Intraday Spot rate on the last trading day during expiration week. 
However, based on conversations with market participants, the Exchange 
understands that the Brazilian real is a non-deliverable currency as a 
result of capital controls established by Brazil's central bank. And 
although Brazil has a very active domestic foreign currency futures 
market, there are strict controls related to obtaining the physical 
currency. Further, FX market participants worldwide prefer to use the 
official exchange rate, known as the PTAX, established by the Central 
Bank of Brazil (BACEN) for valuing derivative transactions involving 
the Brazilian real. The PTAX, which is calculated daily, has been 
published by BACEN since February 1, 1999. The PTAX has thus

[[Page 61193]]

become the industry standard for determining settlement value.\7\
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    \7\ Additional information on the PTAX is available on BACEN's 
Web site at http://www.bcb.gov.br/sddsi/taxacambio_i.htm.
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    ISE therefore proposes to amend its rules to allow the closing 
settlement value for the Brazilian real to be determined based on the 
PTAX rate. Doing so will reflect the current industry standard with 
respect to this product and will align trading in it with other 
regulated and exchange-listed products in the U.S. The PTAX rate is the 
same as that used by the Bolsa de Mercadorias & Futuros to cash settle 
its U.S. dollar futures contract as well as that used by the Chicago 
Mercantile Exchange to cash settle its Brazilian real futures contract.
    In the event the PTAX rate is not available, the Exchange shall 
calculate the closing settlement value for options on the Brazilian 
real using the WM/Reuters Intraday Spot price corresponding to 12:00 
p.m. New York time, which is what the Exchange currently uses to 
calculate the closing settlement values for all the FX options that are 
currently listed on the Exchange.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations under the Act applicable to a national securities exchange 
and, in particular, the requirements of Section 6(b) of the Act.\8\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with Section 6(b)(5) of the Act's \9\ requirements that the 
rules of a national securities exchange be designed to promote just and 
equitable principles of trade, to prevent fraudulent and manipulative 
acts and, in general, to protect investors and the public interest. In 
particular, the proposed rule change will allow the Exchange to use the 
PTAX, an industry-recognized source, to determine the closing 
settlement value for options on the Brazilian real which the Exchange 
expects shortly to list for trading.
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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 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

    Because the foregoing proposed rule change does not significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, by its terms, does 
not become operative for 30 days from the date on which it was filed, 
or such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \10\ of the Act and Rule 19b-
4(f)(6) \11\ thereunder. The Exchange provided 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 the proposed rule 
change.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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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 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-ISE-2009-97 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2009-97. 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, on official business 
days between the hours of 10 a.m. and 3 p.m. Copies of the 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-ISE-
2009-97 and should be submitted on or before December 14, 2009.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27999 Filed 11-20-09; 8:45 am]

BILLING CODE 8011-01-P
