[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Notices]
[Page 26154-26155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my06-117]
[[Page 26154]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53729; File No. SR-ISE-2006-15]
Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Execution of Complex Orders
April 26, 2006.
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 April 13, 2006, the International Securities Exchange, Inc. (``ISE''
or ``Exchange'') 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 by the Exchange. The ISE
has filed this proposal pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
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 ISE is proposing to amend its rules to specify that complex
orders may be executed using the Solicited Order Mechanism. The text of
the rule change is as follows. Italics indicate additions; [bracketing]
indicates deletions.
* * * * *
Rule 716. Block Trades
(a) through (e) no change.
Supplementary Material to Rule 716
.01 through .07 no change.
.08 Complex Orders. Electronic Access Members may use the
Facilitation Mechanism and the Solicited Order Mechanism according to
paragraphs (d) and (e) of this Rule 716 to [facilitate] execute block-
size complex orders (as defined in Rule 722) at a net price. Members
may enter Indications for complex orders at net prices, and bids and
offers for complex orders will participate in the execution of an order
being [facilitated] executed as provided in paragraphs (d) and (e) of
this Rule 716. With respect to bids and offers for the individual legs
of a complex order entered into the [Facilitation M]mechanisms, the
priority rules for complex orders contained in Rule 722(b)(2) will
continue to be applicable. If an improved net price for the complex
order being [facilitated] executed can be achieved from bids and offers
for the individual legs of the complex order in the Exchange's auction
market, the order being [facilitated] executed will receive an
execution at the better net price.
* * * * *
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 Exchange proposes to amend Supplementary Material .08 to ISE
Rule 716, ``Block Trades,'' to specify that complex orders may be
executed through the Solicited Order Mechanism. The Commission
previously approved the execution of complex orders through the
Facilitation Mechanism, and the Exchange has modified its system to
similarly handle the execution of complex orders through the Solicited
Order Mechanism.\5\
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\5\ See Securities Exchange Act Release No. 52327 (Aug. 24,
2005), 70 FR 51854 (Aug. 31, 2005) (order approving File No. SR-ISE-
2004-33) (``Facilitation Mechanism Order'').
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The Facilitation and Solicited Order Mechanisms work in the same
basic manner. An Electronic Access Member (``EAM'') enters an order of
a minimum size with a counter side interest, and other market
participants are given an opportunity to participate in the trade
before it is automatically executed. Complex orders are entered at a
net price and are handled in the same manner as any other order under
ISE Rule 716(d), ``Facilitation Mechanism,'' and ISE Rule 716(e),
``Solicited Order Mechanism.'' \6\ With respect to bids and offers for
the individual legs of a complex order entered into either mechanism,
the priority rules for complex orders contained in ISE Rule 722(b)(2),
``Complex Order Priority,'' continue to be applicable. If an improved
net price for the complex order being executed can be achieved from
bids and offers for the individual legs of the complex order in the
Exchange's auction market, the order being executed will receive an
execution at the better net price.
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\6\ Each mechanism has different execution requirements. In
particular, the Facilitation Mechanism has a minimum order size of
50 contracts, while the Solicited Order Mechanism has a minimum
order size of 500 contracts. Each leg of a complex order must comply
with these minimum order sizes. In addition, the Solicited Order
Mechanism requires that all orders be entered as all-or-none orders,
while the Facilitation Mechanism does not have this requirement.
Complex orders would be subject to the all-or-none requirement when
entered into the Solicited Order Mechanism.
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2. Statutory Basis
The Exchange believes that the basis under the Act for this
proposed rule change is found in section 6(b)(5),\7\ in that it will
serve to remove impediments to, and perfect the mechanisms of, a free
and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rule change will make an existing service available to an additional
order type.
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\7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that 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
The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may
[[Page 26155]]
designate if consistent with the protection of investors and the public
interest. In addition, as required under Rule 19b-4(f)(6)(iii),\8\ the
ISE provided the Commission with written notice of its intention to
file the proposed rule change, along with a brief description and the
text of the proposed rule change, at least five business days prior to
filing the proposal with the Commission. Therefore, the foregoing rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
\9\ and Rule 19b-4(f)(6) thereunder.\10\
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\8\ 17 CFR 240.19b-4(f)(6)(iii).
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
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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 rule-comments@sec.gov. Please include
File Number SR-ISE-2006-15 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-ISE-2006-15. 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. Copies of the 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 No. SR-
ISE-2006-15 and should be submitted on or before May 24, 2006.
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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Nancy M. Morris,
Secretary.
[FR Doc. E6-6641 Filed 5-2-06; 8:45 am]
BILLING CODE 8010-01-P