

[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]               
[Page 65846-65847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-141]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54696; File No. SR-Amex-2006-93]

 
 Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Revise the Equities and Exchange Traded Fund Shares (``ETFs'') Fee 
Schedule

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 September 29, 2006, the American Stock Exchange LLC (``Amex'' 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 substantially prepared by the 
Exchange. The Exchange designated the proposed rule change as one 
establishing or changing a due, fee, or other charge, pursuant to 
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to revise the equities and Exchange Traded 
Fund Shares (``ETFs'') Fee Schedule to provide for various fees related 
to the routing of orders to other market centers.
    The text of the proposed change is available on Amex's Web site at 
http://www.amex.com, at the principal office of Amex, 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 Amex 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On July 17, 2006, the Amex, the Boston Stock Exchange, Inc., the 
Chicago Board Options Exchange, Inc., the Chicago Stock Exchange, Inc., 
the Nasdaq Stock Market LLC, the National Stock Exchange, the New York 
Stock Exchange LLC, and the NYSE Arca, Inc., executed and filed with 
the Commission a ``Plan for the Purpose of Creating and Operating an 
Intermarket Communications Linkage Pursuant to Section 11A(a)(3)(B) of 
the Act. The Philadelphia Stock Exchange, Inc. (``Phlx'') subsequently 
executed the

[[Page 65847]]

Linkage Plan on August 1, 2006.\5\ This ``Linkage Plan'' was filed with 
the Commission pursuant to Rule 608 of Regulation NMS under the Act.\6\ 
The purpose of the proposed Linkage Plan is to enable the Plan 
Participants to act jointly in planning, developing, operating and 
regulating the NMS Linkage System (``Linkage'') that will 
electronically link the Linkage Plan Participant Markets to one 
another, as described in the Linkage Plan. The Linkage Plan became 
operative on October 1, 2006.
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    \5\ See Securities Exchange Act Release No. 54551 (Sept. 29, 
2006), 71 FR 59148 (Oct. 6, 2006) (approving the Linkage Plan).
    \6\ 17 CFR 242.608.
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    Historically, ITS Participants have not imposed transaction charges 
for executions of commitments delivered through ITS, although the ITS 
Plan does not prohibit such charges. Under the Linkage Plan, each 
Participant is accessed through its own members and could charge for 
orders executed in their market through the Linkage. Therefore, the 
Exchange now proposes to amend its Fee Schedule to provide: (1) For 
transactions resulting from equities and ETF orders routed through the 
Linkage to the Amex, members will be assessed a transaction charge 
based on the transaction charges currently in place for transactions 
resulting from other orders; and (2) for transactions resulting from 
equities and ETF orders routed through the Linkage to an away market, 
the Amex will pass through to its members fees charged by the other 
market centers for such transactions.\7\ To determine the amount of 
these fees members will need to consult the fee schedules published by 
each market center. It is anticipated that, at least initially the 
transaction charges imposed by other market centers for the execution 
of orders routed to them through the Linkage will be the same as the 
transaction charges imposed on executions of orders for their own 
members.
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    \7\ See Securities Exchange Act Release Nos. 54548 (September 
29, 2006), 71 FR 59159 (October 6, 2006) (SR-Amex 2006-85); and 
54480 (September 21, 2006), 71 FR 57596 (September 29, 2006) (SR-
NYSE 2006-75).
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2. Statutory Basis
    The Exchange believes that its proposal to revise its schedule of 
fees is consistent with Section 6(b) of the Act \8\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \9\ in 
particular, in that it is an equitable allocation of reasonable dues, 
fees and other charges among its members and issuers and other persons 
using its facilities. Specifically, the Exchange is proposing to 
establish transaction charges for order routed to the Amex through the 
Linkage and pass through charges assessed by other market centers for 
orders routed from the Amex through the Linkage.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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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 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)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4 
thereunder.\11\ 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 the furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 C.F.R. 240.19b-4(f)(2).
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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-2006-93 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-2006-93. 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 Room. Copies of the 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-2006-93 and should be 
submitted on or before November 30, 2006.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
[FR Doc. E6-18954 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P
