[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32379-32380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12687]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57899; File No. SR-Phlx-2008-40]


Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to Disclaimer of Warranties and the Listing of $2.50 Strikes 
for Options on the SIG KCI Coal Index\TM\

June 2, 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 May 23, 2008, the Philadelphia Stock Exchange, Inc. (``Phlx'' 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 substantially prepared by Phlx. The 
Exchange 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\ which renders it 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

    Phlx proposes to add the SIG KCI Coal Index\TM\ (``SIG KCI Coal 
Index'' or ``Index'') to Phlx Rule 1101A, Terms of Options Contracts, 
regarding listing options at strike price intervals of $2.50 or greater 
and to Phlx Rule 1104A, SIG Indices, LLLP, regarding disclaimer of 
express or implied warranties.\5\ The text of the proposed rule change 
is available at Phlx's principal office, the Commission's Public 
Reference Room, and http://www.phlx.com.
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    \5\ The SIG Indexes noted herein are trademarks of SIG Indices, 
LLLP.
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II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Phlx 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 those 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 parts of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
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 KCI Coal Index that was recently 
licensed by SIG Indices, LLLP (``Susquehanna'') to the Exchange, which 
would enable the Exchange to list the index at $2.50 or greater strike 
price intervals and limit Susquehanna's liability with respect to the 
Index. This proposal should encourage listing such options at 
appropriate strike price intervals to the benefit of investors and 
should encourage maintenance of the Index by Susquehanna so that 
options overlying the index may be available for trading.\6\
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    \6\ The Exchange has recently entered into a licensing agreement 
with Susquehanna that would, among other things, allow the Exchange 
to list and trade options on the SIG KCI Coal Index\TM\ (``License 
Agreement'').
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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 Phlx 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.\7\ The rule also 
provides 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 KCI Coal Index to the list of indexes 
in Phlx Rule 1101A upon which the Exchange may list options at $2.50 
strike price intervals.
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    \7\ 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,\8\ 
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.\9\ 
The proposed rule change expands the coverage of Phlx Rule 1104A to 
include the Index, as required by the License Agreement.
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    \8\ The indexes noted in Phlx 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\, the SIG Coal Producers Index\TM\, and the 
SIG Energy MLP Index\TM\.
    \9\ The Exchange noted in its filing to adopt Phlx 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 that exchange. See Securities Exchange Act Release No. 48135 
(July 7, 2003), 68 FR 42154 (July 16, 2003) (approving SR-Phlx-2003-
21). The Exchange has proposed amendments similar to the current 
proposal to include a new index in Phlx Rule 1104A. See 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 
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,\10\ in general, and furthers the objectives of section 
6(b)(5) of the Act,\11\ 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 should

[[Page 32380]]

encourage SIG Indices, LLLP to continue maintaining indexes upon which 
options may be traded on the Exchange, thereby providing investors with 
enhanced investment opportunities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 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

    Because the foregoing proposed rule change does not: (1) 
Significantly affect the protection of investors or the public 
interest; (2) impose any significant burden on competition; and (3) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate if consistent with 
the protection of investors and the public interest, it has become 
effective pursuant to section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change 
pursuant to Rule 19b-4(f)(6) under the Act, an Exchange is required 
to give the Commission 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 provided notice to the 
Commission two business days prior to filing the proposed rule 
change, and the Commission has determined to waive the five business 
day requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing.\14\ 
However, Rule 19b-4(f)(6) \15\ permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. Phlx has requested that the 
Commission waive the 30-day operative delay. The Commission believes 
that granting this request is consistent with the protection of 
investors and the public interest because it will allow the Exchange to 
offer additional strike prices for options on the SIG KCI Coal Index to 
investors without delay. For this reason, the Commission designates the 
proposal to be effective and operative upon filing with the 
Commission.\16\
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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ Id.
    \16\ For the purposes only of waiving the operative date of this 
proposal, 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 such 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 the 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 Number SR-Phlx-2008-40 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2008-40. 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 Phlx. 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-2008-40 and 
should be submitted on or before June 27, 2008.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12687 Filed 6-5-08; 8:45 am]
BILLING CODE 8010-01-P