[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15554-15555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5797]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57515; File No. SR-Phlx-2008-21]


Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Add the SIG Energy MLP Index\TM\ to Rules 1101A and 1104A

March 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 March 11, 2008, the Philadelphia Stock Exchange, Inc. (``Exchange'' 
or ``Phlx'') 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 Exchange proposes to add the new SIG Energy MLP Index\TM\ 
(trading as SVO\SM\) to Phlx Rule 1101A (Terms of Options Contracts), 
regarding listing options at strike price intervals of no less than 
$2.50 for strike prices less than $200, and to Phlx Rule 1104A (SIG 
Indices, LLLP), which sets forth SIG Indices's disclaimer of express or 
implied warranties. The text of the proposed rule change is available 
on the Exchange's Web site (http://www.phlx.com), at the Exchange'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 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 purpose of the proposed rule change is to amend Phlx Rules 
1101A and 1104A to include the SIG Energy MLP Index\TM\, which was 
recently licensed by SIG Indices, LLLP (``Susquehanna'') to the 
Exchange, and thereby allow (i) the Exchange to list the index at 
strike price intervals of no less than $2.50 for strike prices less 
than $200, and (ii) Susquehanna's disclaimer of liability for use of 
the index. The proposal to permit $2.50 strike price intervals should 
encourage the listing of options on the index at appropriate strike 
price intervals, to the benefit of investors. The proposed disclaimer 
should encourage maintenance of the SIG Energy MLP Index\TM\ by 
Susquehanna, enabling the Exchange to continue to list options 
overlying the index.\5\
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    \5\ The Exchange currently lists and trades options on the SIG 
Steel Producers Index\TM\, the SIG Coal Producers Index\TM\, the SIG 
Oil Exploration & Production Index\TM\, and the newly-licensed SIG 
Energy MLP Index\TM\ pursuant to a license agreement with 
Susquehanna Indices, LLLP (``License Agreement'') and Exchange Rule 
1009A(b). All of the SIG Indexes noted herein are trademarks of SIG 
Indices, LLLP.
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    Phlx Rule 1101A currently indicates that the Exchange shall 
determine fixed point strike price intervals for index options at no 
less than $5.00, provided that for indexes that are listed in Rule 
1101A the Exchange may determine to list strike prices at no less than 
$2.50 intervals if the strike price is less than $200.\6\ The rule 
provides also that such options may be traded at $2.50 strike price 
intervals in response to customer interest or specialist request. The 
proposed rule change adds the SIG Energy MLP Index\TM\ to the list of 
indexes in Rule 1101A upon which the Exchange may list options at $2.50 
strike price intervals.
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    \6\ See Securities Exchange Act Release No. 54973 (December 20, 
2006), 71 FR 78252 (December 28, 2006) (SR-Phlx-2006-82).
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    Phlx Rule 1104A currently provides that Susquehanna makes no 
warranty, express or implied, as to results to be obtained by any 
person or entity from the use of Susquehanna proprietary indexes,\7\ 
and that Susquehanna makes no express or implied warranties of 
merchantability or fitness for a particular purpose for use with 
respect to any of the named indexes or any data included therein.\8\ 
The proposed rule change expands the coverage of Rule 1104A to include 
the newly-listed SIG Energy MLP Index\TM\, as required by the License 
Agreement.
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    \7\ The indexes noted in Rule 1101A include the SIG Investment 
Managers Index\TM\, the SIG Cable, Media & Entertainment Index\TM\, 
the SIG Casino Gaming Index\TM\, the SIG Semiconductor Equipment 
Index\TM\, the SIG Semiconductor Device Index\TM\, the SIG Specialty 
Retail Index\TM\, the SIG Steel Producers Index\TM\, the SIG 
Footwear & Athletic Index\TM\, the SIG Education Index\TM\, the SIG 
Restaurant Index\TM\, and the SIG Coal Producers Index\TM\.
    \8\ The Exchange noted in its filing to adopt Rule 1104A that 
the proposed disclaimer was appropriate given that it was similar to 
disclaimer provisions of American Stock Exchange (``Amex'') Rule 
902C relating to indexes underlying options listed on Amex. See 
Securities Exchange Act Release No. 47937 (May 28, 2003), 68 FR 
33555 (June 4, 2003) (SR-Phlx-2003-21). The Exchange subsequently 
amended Rule 1104A to add new indexes, similar to the current 
proposal. See, e.g., Securities Exchange Act Release No. 51664 (May 
6, 2005), 70 FR 25641 (May 13, 2005) (SR-Phlx-2005-24).
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    The Exchange believes that the proposal should benefit investors by

[[Page 15555]]

effectively encouraging the listing and trading of options on an 
additional Susquehanna index at more precise strike price intervals, 
thereby expanding the availability of appropriate investment choices 
for investors.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \10\ in particular, in that it is designed to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, 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. 
The Exchange believes that the proposed rule change will encourage 
Susquehanna to continue to maintain the SIG Energy MLP Index\TM\, 
enabling the Exchange to list options on the index and thereby provide 
investors with a wider range of investment opportunities. The proposed 
rule change should also give the Exchange the capability to price 
options on the SIG Energy MLP Index\TM\ at $2.50 strike price 
intervals, thereby encouraging more efficient pricing.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 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

    No written comments were either solicited or received.

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 \11\ and subparagraph (f)(6) of Rule 
19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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 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. The Exchange currently trades options on the SIG 
Energy MLP Index, and would like to add the index to Rule 1104A without 
delay to grant Susquehanna comfort that its liability has been properly 
disclaimed for the index, as it has been for Susquehanna's other index 
products currently listed in Rule 1104A. This will encourage 
Susquehanna to continue to provide the index, allowing the Exchange to 
continue to list options on the index without interruption.\13\
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    \13\ Telephone conversation between Jurij Trypupenko, Director 
and Counsel, Phlx, and Nathan Saunders, Special Counsel, Division of 
Trading and Markets, Commission, on March 13, 2008.
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    The Commission believes that waiving the 30-day operative delay of 
the Exchange's proposal is consistent with the protection of investors 
and the public interest.\14\ Therefore, the Commission designates the 
proposal to be operative upon filing.
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    \14\ 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 [email protected]. Please include 
File No. SR-Phlx-2008-21 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-Phlx-2008-21. 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-Phlx-2008-21 and should be submitted on 
or before April 14, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-5797 Filed 3-21-08; 8:45 am]
BILLING CODE 8011-01-P