

[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Notices]               
[Page 9391-9392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe06-100]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53319; File No. SR-Amex-2006-13]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Deadline for Implementation of the ANTE System

February 15, 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 February 6, 2006, the American Stock Exchange LLC (``Exchange'' or 
``Amex'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. Amex has 
designated this proposal as non-controversial under Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ 
which renders the proposed rule change 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 Exchange proposes to amend Amex Rule 900--ANTE to extend the 
deadline for implementation of the Amex New Trading Environment trading 
platform (the ``ANTE System'' or ``ANTE'') for all option classes from 
December 31, 2005, to June 30, 2006. The text of the proposed rule 
change is available on Amex's Web site (http://www.amex.com), at Amex's 

principal office, and at the Commission's Public Reference Room.

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
    On May 20, 2004, the Commission approved Amex's proposal to 
implement a new options trading platform known as ANTE.\5\ On May 25, 
2004, Amex began rolling out the ANTE System on its trading floor on a 
specialist's post-by-specialist's post basis. At that time it was 
anticipated the roll-out would be completed by the end of the second 
quarter of 2005. The implementation date for the full roll-out of the 
ANTE System was subsequently extended to December 31, 2005.\6\ Amex has 
rolled out the ANTE System to all its option classes except one--the 
Nasdaq 100 Index (``NDX''). NDX has the largest notional value of any 
option class, with average option premiums of $40. The specialist for 
this product is concerned that the theoretical price calculator 
provided by the ANTE System may not accurately price the options on 
this index. The specialist has installed its own theoretical index 
price calculator, which currently calculates prices for the firm's 
other options products, including the Mini Nasdaq Index (MNX), an index 
valued at one-tenth the value of NDX. The specialist for NDX has sought 
more time to gain experience using its proprietary price calculator 
before it moves NDX onto the ANTE System. The Exchange expects that NDX 
will be moved onto the ANTE System by June 30, 2006.
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    \5\ See Securities Exchange Act Release No. 49747, 69 FR 30344 
(May 27, 2004) (File No. SR-Amex-2003-89).
    \6\ See Securities Exchange Act Release No. 52984 (December 20, 
2005), 70 FR 76472 (December 27, 2005) (File No. SR-Amex-2005-123).
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    Amex is now proposing to revise its implementation schedule to 
provide that all option classes traded by the Exchange will be on the 
ANTE System by June 30, 2006. Maintaining two platforms for options 
trading--the legacy systems (AODB, the Amex Options Display Book; 
XTOPS, Amex's theoretical price calculator; and Auto-Ex) and ANTE--is 
costly. In a separate filing submitted February 6, 2006, for immediate 
effectiveness pursuant to Section 19(b)(3)(A)(ii) of the Act,\7\ the 
Exchange is proposing to impose a Technology Assessment Fee on members 
for the continued use of its legacy options trading systems.\8\ The 
intent of this assessment is to recover some of the costs incurred for 
maintaining the legacy systems and to provide an additional incentive 
to the NDX specialist to transition NDX to the ANTE System as soon as 
possible.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ See File No. SR-Amex-2006-12, notice of which the Commission 
is separately publishing for comment today (Securities Exchange Act 
Release No. 53318).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \9\ in general and furthers the objectives 
of Section 6(b)(5) \10\ in particular in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, 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; and is not designed to 
permit unfair discrimination between customers, issuers, brokers, and 
dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 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

[[Page 9392]]

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 solicited or received with respect to the 
proposed rule change.

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

    The foregoing proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\ 
thereunder because it (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 on which it was filed, or such shorter time 
as the Commission may designate, provided that the self-regulatory 
organization has given the Commission written notice of its intent to 
file the proposed rule change at least five business days prior to the 
filing date of the proposed rule change, or such shorter time as the 
Commission may designate.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 19b-4(f)(6).
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    The Exchange has requested that the Commission waive the five-day 
pre-filing requirement and the 30-day operative delay of Rule 19b-
4(f)(6)(iii) so that the proposed rule change may become effective 
immediately.\13\ The Commission believes that waiving the pre-filing 
requirement and the operative delay is consistent with the protection 
of investors and the public interest. Therefore, the Commission has 
determined to waive the pre-filing requirement and the operative delay 
and allow the proposed rule change to become operative immediately.\14\
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    \13\ The Exchange gave the Commission written notice of its 
intent to file the proposed rule change by notice on January 14, 
2005.
    \14\ For purposes only of waiving the operative delay of this 
proposal, the Commission notes that it has considered the proposed 
rule's impact on efficiency, competition, and capital formation. 15 
U.S.C. 78c(f).
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    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 rule-comments@sec.gov. Please include 

File No. SR-Amex-2006-13 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-Amex-2006-13. 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 Commissions 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 such 
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 Number SR-Amex-2006-13 and should be submitted on or before March 
16, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-1653 Filed 2-22-06; 8:45 am]

BILLING CODE 8010-01-P
