[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 59007-59008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23764]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58701; File No. SR-ISE-2008-74]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Relating to a New Order Type

October 1, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 29, 2008, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') filed with the Securities and 
Exchange Commission the proposed rule change as described in Items I, 
II, and III below, which items have been prepared by the self-
regulatory organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE proposes to allow for the use of attributable orders. The 
text of the proposed rule amendment is as follows, with deletions in 
[brackets] and additions in italics:
Rule 715. Types of Orders
    (a)-(g) No Change.
    (f) Attributable Order. An Attributable Order is a market or limit 
order which displays the user firm ID for purposes of electronic 
trading on the Exchange. Use of Attributable Orders is voluntary. 
Attributable Orders may not be available for all Exchange systems. The 
Exchange will issue a Regulatory Information Circular specifying the 
systems and the class of securities for which the Attributable Order 
type shall be available.
* * * * *

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 self-regulatory organization 
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 self-regulatory organization 
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

    (a) Purpose--The Exchange proposes to modify Rule 715 (Types of 
Orders) to allow for the submission of attributable orders. These 
market or limit orders allow users to voluntarily display their firm 
IDs on the orders.\3\ The NASDAQ Options Market, LLC (``NOM'') 
currently allows its participants to submit attributable orders (See 
NOM Chapter VI, Section (1)(d)(1)). The Chicago Board

[[Page 59008]]

Options Exchange also recently adopted the use of attributable orders 
(See CBOE Rule 6.53(o)). As proposed, the Exchange may limit the 
systems/processes and the class of securities for which attributable 
orders will be available. Prior to turning on this functionality, ISE 
will issue a regulatory circular specifying the systems and the options 
classes for which the attributable order type will be available. This 
proposal is responsive to requests by Exchange users who believe that 
enhanced executions may be obtained if Firm ID is allowed on orders (on 
a voluntary basis).
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    \3\ A Firm ID is a 3-5 character identification code. ISE 
establishes a unique Firm ID for each ISE member firm.
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    (b) Basis--The Exchange believes the proposed rule change is 
consistent with the Securities Exchange Act of 1934 (the ``Act'') and 
the rules and regulations under the Act applicable to a national 
securities exchange and, in particular, the requirements of Section 
6(b) of the Act.\4\ Specifically, the Exchange believes the proposed 
rule change is consistent with Section 6(b)(5) of the Act's\5\ 
requirements that the rules of a national securities exchange be 
designed to promote just and equitable principles of trade, to prevent 
fraudulent and manipulative acts and, in general, to protect investors 
and the public interest. In particular, the proposed rule change will 
allow for greater customization by providing users with an additional 
order type.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

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

    This proposed rule change does not significantly affect the 
protection of investors or the public interest, does not impose any 
significant burden on competition, and, by its terms, does not become 
operative for 30 days after the date of the filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. The Exchange provided 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 the 
proposed rule change as required by Rule 19b-4(f)(6).\6\ For the 
foregoing reasons, the Exchange believes the proposed rule filing 
qualifies for immediate effectiveness as a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 of the Act.\7\
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    \6\ 17 C.F.R. 240.19b-4(f)(6).
    \7\ Id.
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    The Exchange believes the proposed rule change is non-controversial 
in that it is similar to the rules of the CBOE and the NOM. Further, 
the Exchange believes the proposed rule change may assist investors by 
allowing market participants the benefits of attributable orders. The 
Exchange also believes that the proposed rule change does not raise any 
new, unique or substantive issues, and is beneficial for competitive 
purposes and to promote a free and open market for the benefit of 
investors.
    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 Number SR-ISE-2008-74 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-ISE-2008-74. 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 the ISE. 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-ISE-2008-74 and should be 
submitted on or before October 29, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-23764 Filed 10-7-08; 8:45 am]
BILLING CODE 8011-01-P