

[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]               
[Page 68909-68911]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de07-94]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56861; File No. SR-Amex-2007-127]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Make Certain Conforming Changes to Amex Rules Relating to the Amex Book 
Clerk Program

November 29, 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 November 28, 2007, 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 substantially prepared by the Exchange. 
The Exchange 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 make certain non-substantive housekeeping 
changes to Amex rules, to conform to the recent approval of the Amex 
Book Clerks program. The text of the proposed rule change is available 
at Amex, the Commission's Public Reference Room, and http://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 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
    The Commission recently approved the Exchange's proposal (the ``ABC 
Proposal'') to eliminate the agency obligations of specialists and 
establish Amex Book Clerks (``ABCs'').\5\ In connection with the ABC 
Proposal, the Exchange submitted a related filing limiting the 
liability of the Exchange for the actions of ABCs, which was also 
recently approved.\6 \
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    \5\ See Securities Exchange Act Release No. 56804 (November 16, 
2007), 72 FR 66002 (November 26, 2007) (SR-Amex-2006-107).
    \6\ See Securities Exchange Act Release No. 56805 (November 16, 
2007), 72 FR 65773 (November 23, 2007) (SR-Amex-2007-122).
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    The Exchange proposes to make certain non-substantive housekeeping 
changes to Amex rules, including Rule 995-ANTE, governing ABCs, and 
Rule 996-ANTE, governing the liability of the Exchange in connection 
with ABCs.
    Specifically, the Exchange proposes to delete paragraph (d) in Rule 
995-ANTE, governing the liability of the Exchange for the actions of 
ABCs, since this text is included in new Rule 996-ANTE. Given the date 
of the approval order, the Exchange also proposes to extend the date by 
which the Exchange shall assign an ABC to each applicable trading 
station from November 30, 2007 to May

[[Page 68910]]

1, 2008.\7\ The Exchange also proposes to amend Rule 996-ANTE to 
replace the references to Amex Rule 960 with the correct reference to 
Amex Rule 970.
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    \7\ As noted in the ABC Proposal, the Exchange proposes to 
implement this rule change to all applicable trading posts over a 
180-day period.
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    While the ABC Proposal was pending with the Commission, the 
Exchange filed an unrelated proposal to establish the Exchange's 
Directed Order Program, which was separately codified as Rule 996-
ANTE.\8\ The Exchange proposes to correct this duplicate designation by 
renumbering the version of Rule 996-ANTE that governs the Exchange's 
Directed Order Program as Rule 997-ANTE. The Exchange also proposes a 
conforming change to correct a cross-reference in Rule 935-ANTE.
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    \8\ See Securities Exchange Act Release No. 56269 (August 15, 
2007), 72 FR 47086 (August 22, 2007) (approving SR-Amex-2007-75).
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    Finally, the Exchange proposes to renumber Commentary .03 to Rule 
958A-ANTE regarding timing of firm quote obligations for orders 
received by the ABC as Commentary .04, also to correct an erroneous 
duplicate designation.
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) of the Act \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 engage 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 believes that the proposed rule change will 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 by the Exchange with 
respect to the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \11\ and subparagraph (f)(6) of Rule 19b-4 
thereunder.\12\ Because the foregoing proposed rule change: (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, if 
consistent with the protection of investors and the public interest, 
the proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.\13\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ Rule 19b-4(f)(6) also requires the Exchange to give the 
Commission written 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. The Exchange has satisfied the five-day pre-filing 
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing. However, 
Rule 19b-4(f)(6)(iii) permits the Commission to waive the operative 
delay if such action is consistent with the protection of investors and 
the public interest. The Exchange has asked the Commission to waive the 
operative delay to permit the proposed rule change to become effective 
prior to the 30th day after filing.
    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Waiver of the 30-day pre-operative waiting period will allow immediate 
clarification of Amex rules regarding ABCs, by deleting duplicative 
text, fixing duplicative numbering, and clarifying the date by which 
the Exchange shall assign an ABC to each applicable trading station 
under the ABC proposal. Therefore, the Commission has determined to 
waive the 30-day delay and allow the proposed rule change to become 
operative upon filing.\14\
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    \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-2007-127 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-2007-127. 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, 100 F Street, NE., Washington, DC 
20549, on official business days between the hours of 10 a.m. and 3 
p.m. Copies of such filing also will be available for inspection and 
copying at

[[Page 68911]]

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-2007-127 and should be submitted on 
or before December 27, 2007.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-23589 Filed 12-5-07; 8:45 am]

BILLING CODE 8011-01-P
