

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Notices]               
[Page 55260-55261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-138]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56498; File No. SR-Amex-2007-103]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating To Quoting Obligations in Long Term Options

September 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 September 17, 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 and 
II below, which Items have been substantially prepared by the Amex. The 
Exchange filed the proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which rendered 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).
    \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 Amex proposes to limit the expirations that are included in a 
Registered Options Trader's (``ROTs''), Supplemental Registered Options 
Trader's (``SROTs''), and Remote Registered Options Trader's 
(``RROTs'') minimum quoting requirements.
    The text of the proposed rule change is available at the Amex, the 
Commission's Public Reference Room, and http://www.amex.com.


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 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 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Amex Rule 958-ANTE sets forth an ROT's list of obligations, 
including the maintenance of minimum quoting requirements. As part of 
its quote mitigation procedures, the Exchange is proposing to exclude 
options with a series of more than nine months until expiration from an 
ROT's, SROT's, and RROT's minimum quoting requirements. The Exchange 
believes that this amendment will reduce market data traffic because 
ROTs, SROTs and RROTs will no longer be required to comply with the 
minimum quoting requirements in the less actively traded series (far 
out months, etc.).
    Amex Rule 958-ANTE (h)(iii) provides that any ROT who transacts 
more than 20% of their contract volume in an assigned option class 
electronically and not through open outcry, measured over a calendar 
quarter, shall, commencing the next calendar quarter, be obligated to 
maintain continuous two-sided quotations for at least ten contracts in 
a certain percentage of series in that option class. The percentage of 
series an ROT is obligated to quote varies depending on the amount of 
contract volume executed electronically on the Exchange in that option 
class. The Exchange has established for each option class the 
percentage of series that must be continuously quoted by those ROTs 
based upon the Exchange's percentage of electronic contract volume.\5\
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    \5\ See Amex Rule 958-ANTE (h)(iii).
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    Amex Rules 993-ANTE and 994-ANTE provide that SROTs and RROTs must 
provide continuous electronic two-sided quotations in accordance with 
the parameters set forth in Amex Rule 958-ANTE (c) in at least 60% of 
the series of their assigned classes.
    To reduce the number of quotations submitted by ROTs, SROTs and 
RROTs, the Exchange is proposing to exclude options with a series of 
more than nine months until expiration, which are known as LEAPS (Long-
term Equity Anticipation Securities), from an ROT's,

[[Page 55261]]

SROT's and RROT's minimum quoting requirements.\6\ The effect of this 
is to relax their continuous quoting obligations, and ultimately the 
number of quotes they are required to submit, because the continuous 
quoting obligations in Amex Rules 958-ANTE, 993-ANTE, and 994-ANTE will 
not apply to those series of options classes that have a time to 
expiration of more than nine months.
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    \6\ Specialists will still be required to quote in LEAPS as they 
are required to disseminate quotations in all series of the option 
classes they trade. See Amex Rule 950-ANTE(l).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act \7\ in general, and furthers the objectives of section 
6(b)(5) of the Act \8\ in particular, in that it is designed to prevent 
fraudulent and manipulative 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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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 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 either solicited or received by the 
Exchange.

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

    The proposed rule change has become effective pursuant to section 
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder,\10\ because 
the foregoing proposed rule 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 if consistent with the protection of investors 
and the public interest.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30-days after the date of filing.\11\ 
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest.\12\ The Exchange has requested that 
the Commission waive the 30-day operative delay. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because such waiver 
will allow the Exchange to immediately implement a quote mitigation 
strategy that it believes should help to mitigate the Exchange's quote 
message traffic and capacity. In addition, the proposed rule change 
does not present any novel regulatory issues because it is 
substantially similar to recently approved rules on the Philadelphia 
Stock Exchange, Inc. and the Chicago Board Options Exchange, 
Incorporated.\13\ For these reasons, the Commission designates the 
proposal to be operative upon filing with the Commission.\14\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the 
Commission notice of its intent to file the proposed rule change, 
along with a brief description and text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. Amex has satisfied the five-day pre-filing requirement.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See Securities Exchange Act Release Nos. 55689 (May 1, 
2007), 72 FR 26192 (May 8, 2007) (SR-Phlx-2007-36) and 55853 (June 
4, 2007), 72 FR 32151 (June 11, 2007) (SR-CBOE-2007-56).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission 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.\15\
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    \15\ See 15 U.S.C. 78s(b)(3)(C).
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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-2007-103 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-2007-103. 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, 100 F St., NE., 
Washington, DC 20549 on official business days between the hours of 10 
a.m. and 3 p.m. 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-2007-103 and should be 
submitted on or before October 19, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-19160 Filed 9-27-07; 8:45 am]

BILLING CODE 8010-01-P
