[Federal Register Volume 73, Number 60 (Thursday, March 27, 2008)]
[Notices]
[Pages 16407-16408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6255]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57547; File No. SR-OCC-2008-05]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to Flexibly Structured Foreign Currency Options

March 21, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on February 13, 2008, The 
Options Clearing Corporation (``OCC'') 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 
primarily by OCC. OCC filed the proposed rule change pursuant to 
Section 19(b)(3)(A)(i) of the Act \2\ and Rule 19b-4(f)(1) \3\ 
thereunder so that the proposal was 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\ 15 U.S.C. 78s-1(b)(3)(A)(i).
    \3\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The proposed rule change would modify OCC's description of its pro 
rata assignment procedure to eliminate the reference to the procedure's 
application to exercises of physical delivery, flexibly structured 
Foreign Currency Options (``FCOs'').

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of such 
statements.\4\
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    \4\ The Commission has modified parts of these statements.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    OCC's pro rata assignment procedure is applied to options on the 
S&P 100 Index as well as to flexibly structured and cross-rate FCOs 
settled by physical delivery.\5\ However, the Philadelphia Stock 
Exchange, Inc. (``Phlx'') has delisted all such FCOs and open interest 
in all such contracts has expired. Accordingly, OCC proposes to modify 
the description of its pro rata assignment procedure to eliminate the 
reference to its application to exercises of physical delivery, 
flexibly structured FCOs. While Phlx has proposed to trade flexibly 
structured FCOs that are settled in cash, exercises for these FCOS are 
to be assigned in accordance with OCC's standard assignment 
procedures.\6\ The modified description of the pro rata assignment 
procedure is set forth in Exhibit 5 to File No. SR-OCC-2008-05.\7\
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    \5\ See Securities Exchange Act Release Nos. 56845 (November 27, 
2007), 72 FR 67991 (December 3, 2007) (File No. SR-OCC-2007-014), 
48908 (December 11, 2003), 68 FR 74689 (December 24, 2003) (File No. 
SR-OCC-2003-05), and 38165 (January 14, 1997), 62 FR 3070 (January 
21, 1997) (File No. SR-OCC-96-19).
    \6\ See Securities Exchange Act Release No. 57265 (February 4, 
2008), 73 FR 7622 (February 8, 2007) (File No. SR-Phlx-2007-68).
    \7\ SR-OCC-2008-05 can be found on OCC's Web site at http://www.optionsclearing.com/publications/rules/proposed_changes/sr_occ_08_05.pdf.
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    The proposed change is consistent with Section 17A of the Act 
because it promotes the prompt and accurate clearance and settlement of 
securities transactions, and fosters cooperation and coordination with 
persons engaged in the clearance and settlement of securities 
transactions by updating the description of OCC's pro rata assignment 
procedure. The proposed rule change is not inconsistent with the 
existing rules of OCC, including any other rules proposed to be 
amended.

[[Page 16408]]

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any 
burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants, or Others

    Written comments were not and are not intended to be solicited with 
respect to the proposed rule change, and none have been received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(i) of the Act \8\ and Rule 19b-4(f)(1) \9\ promulgated 
thereunder because the proposal constitutes an interpretation with 
respect to the meaning, administration, or enforcement of an existing 
rule of OCC. At any time within sixty 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(i).
    \9\ 17 CFR 240.19b-4(f)(1).
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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 Number SR-OCC-2008-05 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-OCC-2008-05. 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 OCC. 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-OCC-2008-05 and should be 
submitted on or before April 17, 2008.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6255 Filed 3-26-08; 8:45 am]
BILLING CODE 8011-01-P