[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Notices]
[Page 64324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30651]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-45133; File No. SR-OPRA-2001-04]


Options Price Reporting Authority; Notice of Filing and Immediate 
Effectiveness of Amendment to OPRA Plan to Make Technical Corrections 
to Section V(c)

December 5, 2001.
    Pursuant to Rule 11Aa3-2 under the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on October 24, 2001, the 
Options Price Reporting Authority (``OPRA''),\2\ submitted to the 
Securities and Exchange Commission (``Commission'') an amendment to the 
Plan for Reporting of Consolidated Options Last Sale Reports and 
Quotation Information (``OPRA Plan''). The proposed amendment would 
make technical corrections to section V(c) of the OPRA Plan. OPRA has 
stated that the proposed OPRA Plan amendment involves solely technical 
or ministerial matters and is, therefore, effective upon filing, 
pursuant to Rule 11Aa3-2(c)(3)(iii) under the Act.\3\ The Commission is 
publishing this notice to solicit comments on the proposed OPRA Plan 
amendment from interested persons.
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    \1\ 17 CFR 240.11Aa3-2.
    \2\ OPRA is a national market system plan approved by the 
Commission pursuant to section 11A of the Exchange Act, 15 U.S.C. 
78k-1, and Rule 11Aa3-2 thereunder, 17 CFR 240.11Aa3-2. See 
Securities Exchange Act Release No. 17638 (March 18, 1981), 22 
S.E.C. Docket 484 (March 31, 1981). The OPRA Plan provides for the 
collection and dissemination of last sale and quotation information 
on options that are traded on the participant exchanges. The five 
signatories to the OPRA Plan that currently operate an options 
market are the American Stock Exchange, the Chicago Board Options 
Exchange, the International Securities Exchange, the Pacific 
Exchange, and the Philadelphia Stock Exchange. The New York Stock 
Exchange is a signatory to the OPRA Plan, but sold its options 
business to the Chicago Board Options Exchange in 1997. See 
Securities Exchange Act Release No. 38542 (April 23, 1997), 62 FR 
23521 (April 30, 1997).
    \3\ 17 CFR 240.11Aa3-2(c)(3)(iii).
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I. Description and Purpose of the Amendment

    The proposed OPRA plan amendment would make technical corrections 
to Section V(c) of the OPRA Plan, as that section was recently 
amended.\4\ These proposed corrections consist of the deletion of an 
inappropriate reference in paragraph (ii) of section V(c) and the 
redesignation of subparagraphs (i)-(iv) of paragraph (iv) of section 
V(c) as subparagraphs (A)-(D) in order to conform their designation to 
the style of the OPRA Plan. OPRA represents that the proposed OPRA Plan 
amendment would make no substantive change to the provisions of the 
OPRA Plan.
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    \4\ See Securities Exchange Act Release No. 44580 (July 20, 
2001), 66 FR 39218 (July 27, 2001) (order approving File No. SR-
OPRA-2001-02).
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II. Implementation of the Plan Amendment

    OPRA represents that the proposed OPRA Plan amendment involves 
solely technical or ministerial matters and is, therefore, effective 
upon filing, pursuant to Rule 11Aa3-2(c)(3)(iii) under the Act.\5\ At 
any time within 60 days of the filing of the OPRA Plan amendment, the 
Commission may summarily abrogate the amendment and require that such 
amendment be filed in accordance with Rule 11Aa3-2(b)(1) under the Act 
\6\ and reviewed in accordance with Rule 11Aa3-2(c)(2) under the Act 
\7\ if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
the maintenance of fair and orderly markets; to remove impediments to, 
and perfect the mechanisms of, a national market system; or otherwise 
in furtherance of the purposes of the Act.
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    \5\ 17 CFR 240.11Aa3-2(c)(3)(iii).
    \6\ 17 CFR 240.11Aa3-2(b)(1).
    \7\ 17 CFR 240.11Aa3-2(c)(2).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed OPRA 
Plan amendment is consistent with the Act. Persons making written 
submissions should file six copies thereof with the Secretary, 
Securities and Exchange Commission, 450 Fifth Street, NW., Washington, 
DC 20549-0609. Copies of the submission, all subsequent amendments, and 
all written statements with respect to the proposed OPRA Plan amendment 
that are filed with the Commission, and all written communications 
relating to the proposed OPRA Plan amendment between the Commission and 
any person, other than those 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. Copies of the 
filing will also be available at the principal offices of OPRA. All 
submissions should refer to File No. SR-OPRA-2001-04 and should be 
submitted by January 2, 2002.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(29).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-30651 Filed 12-11-01; 8:45 am]
BILLING CODE 8010-01-M