

[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]               
[Page 65844-65845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-139]                         


[[Page 65844]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54691; File No. SR-Amex-2006-103]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Eliminating the Post-Trade Allocation Feature in ANTE

November 2, 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 October 27, 2006, the American Stock Exchange LLC (``Amex'' or 
``Exchange'') submitted to the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been substantially prepared by Amex. The 
Exchange filed the proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to eliminate the concept of post-trade 
allocation codified in Amex Rule 935-ANTE(b). The text of the proposed 
rule change is available on the Amex's Web site at http://amex.com, the 

Amex's Office of the Secretary, 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, Amex 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 eliminate Amex Rule 935-ANTE (b), 
governing ANTE post-trade allocation. Amex Rule 935-ANTE (b) currently 
provides for the post-trade allocation of contracts executed as the 
result of the submission of orders to trade with orders in the ANTE 
Central Book. Amex Rule 935-ANTE (b)(2) provides that if more than one 
ANTE Participant \5\ and/or a floor broker representing a customer 
order submits an order to trade with an order in the ANTE Central book, 
within a period not to exceed five seconds after the initial ANTE 
Participant has submitted its order, all those ANTE Participants and 
the floor broker's customer will be entitled to participate in the 
allocation of any executed contracts. Amex Rule 935-ANTE (b)(2) 
provides that the ANTE Participant to first submit the order to trade 
would be allocated executed contracts up to a size established on a 
class-by-class basis by the Options Trading Committee and referred to 
as the ``Take Size.'' The initial ANTE Participant receives the lesser 
of the number of executed contracts in his indicated order size or the 
``Take Size.'' The Options Trading Committee considers the option's 
liquidity and the size of the trading crowd in determining the 
appropriate ``Take Size'' for each option class. They are responsible 
for reviewing and in some cases revising the assigned ``Take Size'' on 
a periodic basis, but do not change a ``Take Size'' during the course 
of a trading day.
---------------------------------------------------------------------------

    \5\ Amex Rule 900-ANTE (b)(45) defines ANTE Participant as 
either the specialist, registered options trader(s), Remote 
Registered Options Trader or Supplemental Registered Options Trader, 
assigned to trade a specific options class on the ANTE System.
---------------------------------------------------------------------------

    Other Exchanges have moved towards electronic trading, where the 
notion of ``Take-Size'' does not exist.\6\ The Exchange believes that 
eliminating the concept of ``Take-Size'' at the Amex will further 
encourage competition with the liquidity providers on the Exchange's 
Floor. Accordingly, the Exchange proposes that ANTE Participants will 
no longer be limited by the post-trade allocation process.
---------------------------------------------------------------------------

    \6\ See ISE Rule 714 and NYSEArca Rule 6.76B.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6 of the Act \7\ in general and furthers the objectives of 
Section 6(b)(5) \8\ 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 facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    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 rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and subparagraph (f)(6) of Rule 19b-4 
\10\ thereunder because it does not: (i) significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate; and the Exchange has given the Commission 
written notice of its intention to file the proposed rule change at 
least five business days prior to filing. At any time within 60 days of 
the filing of such 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Under Rule 19b-4(f)(6) of the Act,\11\ the proposal does not become 
operative for 30 days after the date of its filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. Amex has requested that the 
Commission waive the 30-day operative

[[Page 65845]]

delay so that it may implement the proposal as quickly as possible. The 
Commission believes that the proposal raises no issues of regulatory 
concern. Therefore, the Commission, consistent with the protection of 
investors and the public interest, has determined to waive the 30-day 
operative date so that the proposal may take effect upon filing.\12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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-Amex-2006-103 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Amex-2006-103. 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 such 
filing also will be available for inspection and copying at the 
principal office of the Amex. 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-2006-103 and should be submitted on or before 
November 30, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-18952 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P
