

[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]               
[Page 14314-14315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-80]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55500; File No. SR-Amex-2007-22]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto To 
Amend Its Minor Rule Violation Fine Systems

March 21, 2007.
    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 21, 2007, 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. On March 20, 2007, the Exchange filed Amendment No. 1 to the 
proposed rule change. The Commission is publishing this notice to 
solicit comments on the proposed rule change, as amended, from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to incorporate violations of Amex Rule 131A--
AEMI and Commentary .03 to Amex Rule 958--ANTE into Part 1 of its Minor 
Rule Violation Fine Systems (the ``Plan'').\3\ The text of the proposed 
rule change is available at Amex, the Commission's Public Reference 
Room, and http://www.amex.com.

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    \3\ See Amex Rule 590.
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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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange's Plan provides a simplified procedure for the 
resolution of minor rule violations. Codified in Amex Rule 590, the 
Plan has three distinct sections: (1) Part 1 (General Rule Violations) 
covers substantive matters that are nonetheless deemed to be minor; (2) 
Part 2 (Floor Decorum Violations) covers guidelines concerning the 
personal appearance and conduct of persons on the trading floor and 
other operational matters; and (3) Part 3 (Reporting Violations) covers 
the late submission of routine reports required to be filed with the 
Exchange.
    The Exchange proposes to include violations of Amex Rule 131A--AEMI 
into Part 1 of the Plan. Amex Rule 131A-AEMI, which generally sets 
forth procedures related to market-on-close (``MOC'') and limit-on-
close (``LOC'') orders and expiration, is designed to minimize price 
volatility on the close by requiring members to enter all MOC and LOC 
orders as early in the day as possible. Amex Rule 131A--AEMI also 
establishes deadlines for entering MOC and LOC orders, restrictions on 
canceling MOC and LOC orders, requirements for publishing imbalances on 
the consolidated tape, the order of execution for MOC and LOC orders, 
and procedures for days on which derivative, index-related products 
(e.g., options, futures, and options on futures) settle against opening 
prices.
    The Exchange also proposes to include violations of Commentary .03 
to Amex Rule 958--ANTE into Part 1 of the Plan. Commentary .03 to Amex 
Rule 958-ANTE provides, in part, that, for purposes of paragraph (a) of 
such rule, at least 50% of the trading activity in any quarter 
(measured in terms of contract volume) of a registered options trader 
must ordinarily be in classes to which such registered options trader 
is assigned, except for unusual circumstances.\4\
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    \4\ The remaining provisions of Commentary .03 to Amex Rule 
958--ANTE are not to be included in the Plan.

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[[Page 14315]]

    The inclusion of the foregoing rules in Part 1 of the Plan would 
enable prompt resolution of violations that do not rise to the level of 
formal enforcement action,\5\ but warrant more significant action than 
the issuance of an admonition letter.
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    \5\ See generally Article V, Amex Constitution (setting forth 
the formal disciplinary procedures and penalties with respect to 
members of the Exchange).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\7\ 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, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system, and, 
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 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 would 
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

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) As the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, as amended, 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-2007-22 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-2007-22. 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 Section, 100 F Street, 
NE., Washington, DC 20549. Copies of such filing also will be available 
for inspection and copying at the principal offices 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-2007-22 
and should be submitted on or before April 17, 2007.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5550 Filed 3-26-07; 8:45 am]

BILLING CODE 8010-01-P
