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6224 Federal Register / Vol. 73, No.

22 / Friday, February 1, 2008 / Notices

Martinson, 6432 General Green Way, for an adviser filing for partial Office of Management and Budget a
Alexandria, VA 22312; or send an e- withdrawal. Based on historical filings, request for extension of the previously
mail to: PRA_Mailbox@sec.gov. the Commission estimates that there are approved collection of information
Comments must be submitted to OMB approximately 500 respondents discussed below.
within 30 days of this notice. annually filing for full withdrawal and The title for the collection of
Dated: January 28, 2008. approximately 500 respondents information is ‘‘Rule 203–3 and Form
annually filing for partial withdrawal. ADV–H under the Investment Advisers
Nancy M. Morris,
Based on these estimates, the total Act of 1940.’’ Rule 203–3 (17 CFR
Secretary.
estimated annual burden would be 500 275.203–3) under the Investment
[FR Doc. E8–1841 Filed 1–31–08; 8:45 am]
hours ((500 respondents × .75 hours) + Advisers Act of 1940 (15 U.S.C. 80b)
BILLING CODE 8011–01–P
(500 respondents × .25 hours)). establishes procedures for an
Rule 203–2 and Form ADV–W do not investment adviser to obtain a hardship
require recordkeeping or records exemption from the electronic filing
SECURITIES AND EXCHANGE requirements of the Investment Advisers
COMMISSION retention. The collection of information
requirements under the rule and form Act. Rule 203–3 requires every person
Submission for OMB Review; are mandatory. The information requesting a hardship exemption to file
Comment Request collected pursuant to the rule and Form Form ADV–H (17 CFR 279.3) with the
ADV–W are filings with the Commission. The purpose of this
Upon Written Request, Copies Available Commission. These filings are not kept collection of information is to permit
From: Securities and Exchange confidential. An agency may not advisers to obtain a hardship
Commission, Office of Investor conduct or sponsor, and a person is not exemption, on a continuing or
Education and Advocacy, required to respond to, a collection of temporary basis, to not complete an
Washington, DC 20549–0213. information unless it displays a electronic filing. The temporary
Extension: currently valid control number. hardship exemption permits advisers to
Rule 203–2 and Form ADV–W; SEC Please direct general comments make late filings due to unforeseen
File No. 270–40; OMB Control No. regarding the above information to the computer or software problems, while
3235–0313. following persons: (i) Desk Officer for the continuing hardship exemption
Notice is hereby given that pursuant the Securities and Exchange permits advisers to submit all required
to the Paperwork Reduction Act of 1995 Commission, Office of Management and electronic filings on hard copy for data
(44 U.S.C. 3501 et seq.) the Securities Budget, Room 10102, New Executive entry by the operator of the IARD.
and Exchange Commission Office Building, Washington, DC 20503 The respondents to the collection of
(‘‘Commission’’) has submitted to the or e-mail to: information are all investment advisers
Office of Management and Budget a Alexander_T._Hunt@omb.eop.gov; and that are registered with the Commission.
request for extension of the previously (iii) R. Corey Booth, Director/Chief The Commission has estimated that
approved collection of information Information Officer, Securities and compliance with the requirement to
discussed below. complete Form ADV–H imposes a total
Exchange Commission, C/O Shirley
The title for the collection of burden of approximately 1 hour for an
Martinson, 6432 General Green Way,
information is ‘‘Rule 203–2 (17 CFR adviser. Based on our experience with
275.203–2) and Form ADV–W (17 CFR Alexandria, VA 22312 or send an e-mail
hardship filings, we estimate that we
279.2) under the Investment Advisers to: PRA_Mailbox@sec.gov. Comments
will receive 11 Form ADV–H filings
Act of 1940 (15 U.S.C. 80b).’’ Rule 203– must be submitted to OMB within 30
annually. Based on the 60 minute per
2 under the Investment Advisers Act of days of this notice.
respondent estimate, the Commission
1940 establishes procedures for an Dated: January 28, 2007. estimates a total annual burden of 11
investment adviser to withdraw its Nancy M. Morris, hours for this collection of information.
registration with the Commission. Rule Secretary. Rule 203–3 and Form ADV–H do not
203–2 requires every person [FR Doc. E8–1843 Filed 1–31–08; 8:45 am] require recordkeeping or records
withdrawing from investment adviser BILLING CODE 8011–01–P
retention. The collection of information
registration with the Commission to file requirements under the rule and form
Form ADV–W electronically on the are mandatory. The information
Investment Adviser Registration SECURITIES AND EXCHANGE collected pursuant to the rule and Form
Depository (‘‘IARD’’). The purpose of COMMISSION ADV–H consists of filings with the
the information collection is to notify Commission. These filings are not kept
the Commission and the public when an Submission for OMB Review; confidential. An agency may not
investment adviser withdraws its Comment Request conduct or sponsor, and a person is not
pending or approved SEC registration. required to respond to, a collection of
Typically, an investment adviser files a Upon Written Request, Copies Available information unless it displays a
Form ADV–W when it ceases doing From: Securities and Exchange currently valid control number.
business or when it is ineligible to Commission, Office of Investor Please direct general comments
remain registered with the Commission. Education and Advocacy, regarding the above information to the
The potential respondents to this Washington, DC 20549–0213. following persons: (i) Desk Officer for
information collection are all Extension: the Securities and Exchange
investment advisers registered with the Rule 203–3, Form ADV–H; SEC File Commission, Office of Management and
Commission. The Commission has No. 270–481; OMB Control No. Budget, Room 10102, New Executive
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estimated that compliance with the 3235–0538. Office Building, Washington, DC 20503
requirement to complete Form ADV–W Notice is hereby given that pursuant or e-mail to:
imposes a total burden of approximately to the Paperwork Reduction Act of 1995 Alexander_T._Hunt@omb.eop.gov; and
0.75 hours (45 minutes) for an adviser (44 U.S.C. 3501 et seq.) the Securities (ii) R. Corey Booth, Director/Chief
filing for full withdrawal and and Exchange Commission Information Officer, Securities and
approximately 0.25 hours (15 minutes) (‘‘Commission’’) has submitted to the Exchange Commission, C/O Shirley

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Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Notices 6225

Martinson, 6432 General Green Way, the proposed rule change and discussed 10 contracts trade with Customer 1
Alexandria, VA 22312; or send an e- any comments it received on the 12 contracts trade with Customer 2
mail to: PRA_Mailbox@sec.gov. proposed rule change. The text of these 25 contracts trade with CMM
Comments must be submitted to OMB statements may be examined at the 20 contracts trade with the Broker/
within 30 days of this notice. places specified in Item IV below. The Dealer
Exchange has prepared summaries, set 100 contracts (the entire reserve portion
Dated: January 28, 2008.
forth in Sections A, B, and C below, of of Customer 1) trade with Customer 1
Nancy M. Morris, 33 contracts (from the 500 contracts in
the most significant aspects of such
Secretary. reserve) trade with the Broker/Dealer
statements.
[FR Doc. E8–1844 Filed 1–31–08; 8:45 am] A. Self-Regulatory Organization’s When the displayed portion of a
BILLING CODE 8011–01–P Statement of the Purpose of, and Reserve Order is decremented, either in
Statutory Basis for, the Proposed Rule full or in part, it shall be refreshed from
Change the non-displayed portion of the resting
SECURITIES AND EXCHANGE Reserve Order. If the displayed portion
COMMISSION 1. Purpose is refreshed in part, the new displayed
[Release No. 34–57207; File No. SR–ISE– The Exchange proposes to implement portion shall include the previously
2007–95] a new order type called Reserve Orders. displayed portion. Upon any refresh, the
A Reserve Order is a single-sided limit entire displayed portion shall be ranked
Self-Regulatory Organizations; order that resides in the Exchange’s at the specified limit price, assigned a
International Securities Exchange, regular limit order book and has both a new entry time and given priority in
LLC; Notice of Filing of a Proposed displayed portion and a non-displayed accordance with Rule 713.
Rule Change, as Modified by or reserve portion. The displayed The non-displayed portion of Reserve
Amendment Nos. 2 and 3, Relating to portion would behave exactly like a Orders shall be ranked based on the
Reserve Orders regular order and would trade in specified limit price and the time of
accordance with the Exchange’s order entry. Upon any refresh, any
January 25, 2008. remaining non-displayed portion shall
standard allocation rules, i.e., time
Pursuant to Section 19(b)(1) of the priority for customers and pro-rata for be assigned a new time stamp, same as
Securities Exchange Act of 1934 non-customers.5 The following that assigned to the newly displayed
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 portion. The non-displayed portion of
examples illustrate how Reserve Orders
notice is hereby given that on October will trade on the Exchange: any Reserve Order is available for
12, 2007, the International Securities execution only after all displayed
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) Example 1:
The Exchange’s order book shows the interest has been executed.
filed with the Securities and Exchange The Exchange notes that the full size,
following at the Best Bid:
Commission (‘‘Commission’’) the 10 contracts (100 contracts in reserve)— i.e., both the displayed and non-
proposed rule change as described in Customer 1 displayed portions, of an incoming
Items I, II, and III below, which Items 12 contracts—Customer 2 Reserve Order will be available for
have been substantially prepared by the 25 contracts—Competitive Market execution if that incoming order is
Exchange. The ISE filed Amendment Maker marketable. Further, in the event an
Nos. 1 and 2 to the proposal on January 20 contracts (500 contracts in reserve)— incoming order is large enough to trade
17, 2008.3 On January 25, 2008, the ISE Broker/Dealer through all displayed quantities, the
filed Amendment No. 3 to the proposed An order comes in to sell 50 contracts non-displayed quantities of all resting
rule change.4 The Commission is at market. This order would be executed Reserve Orders will be eligible to trade,
publishing this notice to solicit with the displayed customer orders again in accordance with the Exchange’s
comments on the proposed rule change, trading in time priority followed by standard allocation rules.
as amended, from interested persons. non-customers pro-rata, as follows: The Exchange believes that the new
I. Self-Regulatory Organization’s 10 contracts trade with Customer 1 order type proposed in this rule change
Statement of the Terms of Substance of 12 contracts trade with Customer 2 will provide greater flexibility to
the Proposed Rule Change 16 contracts trade with Competitive members to control their orders. By
Market Maker (‘‘CMM’’): This offering this new order type, members
The Exchange proposes to add a new allocation is calculated as follows: will be able to determine how much of
order type called Reserve Orders. The (25/45) × 28, where the numerator their order they want disseminated at
text of the proposed rule change is (25) is the number of contracts that a any point in time and help them
available at the Exchange, the CMM is willing to trade, and the eliminate the need to enter multiple
Commission’s Public Reference Room, denominator (45) is the number of orders in one series. The Exchange
and http://www.ise.com. contracts that are available for states that this new functionality will be
II. Self-Regulatory Organization’s execution. The resulting number purely voluntary and is similar to that
Statement of the Purpose of, and (0.5555) is then multiplied by the currently offered 6 or proposed 7 by
Statutory Basis for, the Proposed Rule number of contracts that have not other options exchanges.
Change been executed (28).
2. Statutory Basis
The remaining 11 contracts trade with
In its filing with the Commission, the The Exchange believes the proposed
the Broker/Dealer.
Exchange included statements rule change is consistent with Section
concerning the purpose of, and basis for, Example 2:
The Exchange’s order book shows the
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6 See NYSE Arca Rule 6.76(a).


1 15U.S.C. 78s(b)(1).
same at the Best Bid as in Example 1:
7 See Securities Exchange Act Release No. 55667
2 17CFR 240.19b–4. An order to sell 200 contracts at market
(April 25, 2007), 72 FR 23869 (May 1, 2007) (SR–
3 Amendment No. 2 replaces the original filing will be executed as follows: NASDAQ–2007–004) (Notice of Filing of Proposed
and Amendment No. 1 in their entirety. Rule Change and Amendment No. 1 To Establish
4 Amendment No. 3 clarifies portions of the 5 See ISE Rule 713 and Supplementary Material Rules Governing the Trading of Options on the
purpose section of the proposed rule change. .01 thereto. NASDAQ Options Market).

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