[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33244-33245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2893]



[[Page 33244]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51767; File No. SR-PCX-2005-69]


Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
Until June 5, 2006, a Pilot Program for Listing Options on Selected 
Stocks Trading Below $20 at One-Point Intervals

May 31, 2005.
    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 May 23, 2005, the Pacific Exchange, Inc. (``PCX'' 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 prepared by the PCX. The PCX filed the proposal pursuant to 
Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\ 
which renders the proposal effective upon filing with the 
Commission.\5\ 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).
    \5\ The PCX has asked the Commission to waive the five-day pre-
filing notice requirement and the 30-day operative delay. See Rule 
19b-4(f)(6)(iii), 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The PCX proposes to amend Commentary .04 to PCX Rule 6.4, ``Series 
of Options Open for Trading,'' to extend until June 5, 2006, its pilot 
program for listing options series on selected stocks trading below $20 
at one-point intervals (``Pilot Program''). The text of the proposed 
rule change is available on the PCX's Web site (http://www.pacificex.com), at the PCX's principal office, 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 PCX 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 PCX 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 purpose of this proposal is to extend for one year the PCX's 
Pilot Program. The current Pilot Program expires on June 5, 2005. The 
PCX notes that Member Firms have expressed a continued interest in 
listing additional strike prices on low-priced stocks so that they can 
provide their customers with greater flexibility in their investment 
choices. For this reason, the Exchange proposes to extend the Pilot 
Program. The Exchange notes that all of the issues eligible to be 
included in the Pilot Program, the procedures for adding $1 strike 
prices, the procedures for phasing out $2.50 strike prices, the 
prohibition against listing long-term options (also known as ``LEAPS'') 
in equity option classes at $1 strike intervals, the procedures for 
adding expiration months, and the procedures for deleting $1 strike 
prices will remain the same. In support of the Exchange's proposal to 
extend the Pilot Program until June 5, 2006, the Exchange is submitting 
to the Commission a report (the ``Pilot Program Report''), attached as 
Exhibit 3 to the proposal, that offers detailed data from, and analysis 
of, the Pilot Program.
2. Statutory Basis
    The PCX believes that the continuation of $1 strike prices will 
stimulate customer interest in options overlying lower-priced stocks by 
creating greater trading opportunities and flexibility. The Exchange 
further believes that continuation of $1 strike prices will provide 
customers with the ability to more closely tailor investment strategies 
to the precise movement of the underlying security. For these reasons, 
the Exchange believes the proposed rule change is consistent with the 
Act and the rules and regulations thereunder and, in particular, the 
requirements of Section 6(b) of the Act.\6\ Specifically, the PCX 
believes the proposed rule change is consistent with the requirements 
under Section 6(b)(5) of the Act that the rules of a national 
securities exchange be designed to promote just and equitable 
principles of trade, to prevent fraudulent and manipulative acts, to 
remove impediments to and perfect the mechanism of 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. 78f(b).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The PCX does not believe that the proposed rule change will impose 
any burden on competition that is not necessary or appropriate in the 
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

    Written comments on the proposed rule change were neither solicited 
nor received.

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

    The PCX has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \7\ and subparagraph (f)(6) of Rule 19b-4 
thereunder.\8\ Because the foregoing proposed rule change: (1) Does not 
significantly affect the protection of investors or the public 
interest; (2) does not impose any significant burden on competition; 
and (3) by its terms does not become operative for 30 days after the 
date of this 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 and Rule 19b-4(f)(6) thereunder.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing. However, 
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. 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 PCX has asked 
the Commission to waive the five-day pre-filling notice requirement and 
the 30-day operative delay to allow the PCX to continue to list the 
same options series listed on other options exchanges and to provide 
the public with the benefits of

[[Page 33245]]

price competition and added liquidity in these series.
    The Commission waives the five-day pre-filing notice requirement. 
In addition, 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 Pilot Program to continue without 
interruption through June 5, 2006.\9\ For this reason, the Commission 
designates that the proposal become operative on June 5, 2005.\10\
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    \9\ 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. 15 U.S.C. 78c(f).
    \10\ As set forth in the Commission's initial approval of the 
Pilot Program and in its order extending the operation of the Pilot 
Program through June 5, 2005, if the PCX proposes to: (1) Extend the 
Pilot Program; (2) expand the number of options eligible for 
inclusion in the Pilot Program; or (3) seek permanent approval of 
the Pilot Program, it must submit a Pilot Program report to the 
Commission along with the filing of its proposal to extend, expand, 
or seek permanent approval of the Pilot Program. The PCX must file 
any such proposal and the Pilot Program report with the Commission 
at least 60 days prior to the expiration of the Pilot Program. The 
Pilot Program report must cover the entire time the Pilot Program 
was in effect and must include: (1) Data and written analysis on the 
open interest and trading volume for options (at all strike price 
intervals) selected for the Pilot Program; (2) delisted options 
series (for all strike price intervals) for all options selected for 
the Pilot Program; (3) an assessment of the appropriateness of $1 
strike price intervals for the options the PCX selected for the 
Pilot Program; (4) an assessment of the impact of the Pilot Program 
on the capacity of the PCX's, the Options Price Reporting 
Authority's, and vendors' automated systems; (5) any capacity 
problems or other problems that arose during the operation of the 
Pilot Program and how the PCX addressed them; (6) any complaints 
that the PCX received during the operation of the Pilot Program and 
how the PCX addressed them; and (7) any additional information that 
would help to assess the operation of the Pilot Program. See 
Securities Exchange Act Release Nos. 48945 (June 17, 2003), 68 FR 
37594 (June 24, 2003) (File No. SR-PCX-2003-28) (order approving the 
Pilot Program through June 5, 2004); and 50152 (August 5, 2004), 69 
FR 49931 (August 12, 2004) (File No. SR-PCX-2004-61) (order 
approving the extension of the Pilot Program through June 5, 2005).
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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 [email protected]. Please include 
File No. SR-PCX-2005-69 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File No. SR-PCX-2005-69. 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, 450 Fifth Street, 
NW., Washington, DC 20549. Copies of such filing will also be available 
for inspection and copying at the principal office of the PCX. 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-PCX-2005-69 and should be 
submitted on or before June 28, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-2893 Filed 6-6-05; 8:45 am]
BILLING CODE 8010-01-P