1568 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3The OPRA Plan is a national market system plan 

approved by the Commission pursuant to Section 

11A of the Act and Rule 608 thereunder (formerly 

Rule 11Aa3–2). See Securities Exchange Act 

Release No. 17638 (March 18, 1981), 22 S.E.C. 

Docket 484 (March 31, 1981). The full text of the 

OPRA Plan is available at http:// 

www.opradata.com. 

The OPRA Plan provides for the collection and 

dissemination of last sale and quotation information 

on options that are traded on the participant 

exchanges. The six participants to the OPRA Plan 

are the American Stock Exchange LLC, the Boston 

Stock Exchange, Inc., the Chicago Board Options 

Exchange, Incorporated, the International Securities 

Exchange, LLC (‘‘ISE’’), the NYSE Arca, Inc., and 

the Philadelphia Stock Exchange, Inc. (‘‘Phlx’’). 

4See Securities Exchange Act Release No. 54870 

(December 5, 2006), 71 FR 71597. 

5See Securities Exchange Act Release No. 52901 

(December 6, 2005), 70 FR 74061 (December 14, 

2005) (SR–OPRA–2005–03). 

6 In approving this proposed OPRA Plan 

Amendment, the Commission has considered its 

impact on efficiency, competition, and capital 

formation. 15 U.S.C. 78c(f). 

7 15 U.S.C. 78k–1. 

8 17 CFR 242.608. 

9See supra note 5. 

10 15 U.S.C. 78k–1. 

11 17 CFR 242.608. 

12 17 CFR 200.30–3(a)(29). 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: January 9, 2007. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 07–113 Filed 1–9–07; 4:03 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55049; File No. SR–OPRA–

2006–02] 

Options Price Reporting Authority; 

Order Approving an Amendment to the 

Plan for Reporting of Consolidated 

Options Last Sale Reports and 

Quotation Information To Provide That 

Classes of Foreign Currency Options 

Newly Introduced for Trading by Any 

of the Parties to the Plan Be Treated 

Under the Provision ‘‘Special 

Temporary Provision for Newly Traded 

FCO Securities’’ During a Temporary 

Period Ending on December 31, 2007 

January 5, 2007. 

On November 17, 2006, the Options 

Price Reporting Authority (‘‘OPRA’’) 

submitted to the Securities and 

Exchange Commission (‘‘Commission’’), 

pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 608 thereunder,2 an 

amendment to the Plan for Reporting of 

Consolidated Options Last Sale Reports 

and Quotation Information (‘‘OPRA 

Plan’’).3 The proposed OPRA Plan 

amendment would provide that classes 

of Foreign Currency Options (‘‘FCO 

Securities’’ or ‘‘FCOs’’), newly 

introduced for trading in the securities 

markets maintained by any of the 

parties to the OPRA Plan, will be treated 

by OPRA under the provision ‘‘Special 

Temporary Provision for Newly Traded 

FCO Securities’’ during a temporary 

period ending no later than December 

31, 2007. Notice of the proposal was 

published in the Federal Register on 

December 11, 2006.4 The Commission 

received no comment letters on the 

proposed OPRA Plan amendment. This 

order approves the proposal. 

Under the terms of the OPRA Plan, 

subject to the exception described in 

Section VIII(c)(iii), FCOs traded on any 

of the exchanges that are parties to the 

Plan are ordinarily assigned to a 

separate ‘‘FCO service’’ rather than 

OPRA’s ‘‘basic service’’ to which equity 

and index options are assigned. As a 

result, subject to the exception 

described below, separate fees and 

charges are imposed for access to the 

FCO service, and all revenues and 

expenses pertaining to the FCO service 

are allocated to a separate ‘‘FCO 

Accounting Center’’ established under 

Section VIII(c) of the OPRA Plan. 

To date, FCOs have been traded only 

on the Phlx. In late 2005, at the request 

of the Phlx and with the Commission’s 

approval, OPRA amended Section 

VIII(c) of the ORPA Plan by adding a 

new subparagraph (iii) thereto, which 

provides that during a temporary period 

ending on December 31, 2007, new 

classes of FCO Securities introduced for 

trading on the Phlx (such classes are 

defined as ‘‘New FCO Securities’’) will 

be included in OPRA’s basic service and 

not in its FCO service.5 The effect of the 

amendment is to treat New FCO 

Securities as if they were equity options 

and not FCO Securities, with the result 

that during the period when 

subparagraph (c)(iii) of Section VIII is in 

effect, access to market information 

pertaining to New FCO Securities is not 

subject to the separate fees and charges 

that apply to OPRA’s FCO service, and 

revenues and expenses pertaining to 

market information pertaining to New 

FCO Securities are not allocated to 

OPRA’s FCO accounting center but 

instead are allocated to its basic 

accounting center. 

The ISE recently advised OPRA that 

it intends to commence trading in 

certain classes of FCOs and that none of 

the FCOs it intends to trade will be 

fungible with classes of FCOs traded on 

the Phlx. Since by its terms Section 

VIII(c)(iii) of the OPRA Plan currently 

applies to new classes of FCOs that are 

listed on the Phlx, in response to the 

ISE’s request, OPRA proposes to amend 

that section to make it apply to all 

classes of FCOs newly listed by any 

exchange that is a party to the OPRA 

Plan while that section remains in 

effect. This will assure that all classes of 

newly listed FCOs will be treated the 

same by being included in OPRA’s basic 

service, rather than in its FCO service 

regardless of the exchange on which 

those classes are traded. 

After careful review, the Commission 

finds that the proposed OPRA Plan 

amendment is consistent with the 

requirements of the Act and the rules 

and regulations thereunder.6 The 

Commission finds that the proposed 

OPRA Plan amendment is consistent 

with Section 11A of the Act 7 and Rule 

608 thereunder 8 in that it is appropriate 

in the public interest, for the protection 

of investors and the maintenance of fair 

and orderly markets, to remove 

impediments to, and perfect the 

mechanisms of, a national market 

system. Specifically, the Commission 

finds that it is appropriate generally and 

consistent with OPRA’s prior filing 9 to 

amend the language of the OPRA Plan 

to temporarily accommodate any of the 

parties to the OPRA Plan that are 

maintaining classes of FCO Securities 

newly introduced for trading in the 

securities markets and to treat such new 

FCO Securities under the provision 

‘‘Special Temporary Provision for 

Newly Traded FCO Securities’’ during a 

temporary period ending no later than 

December 31, 2007. 

It is therefore ordered, pursuant to 

Section 11A of the Act,10 and Rule 608 

thereunder,11 that the proposed OPRA 

Plan amendment (SR–OPRA–2006–02) 

be, and it hereby is, approved on a 

temporary basis, until December 31, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–313 Filed 1–11–07; 8:45 am] 

BILLING CODE 8011–01–P 


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