

[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]               
[Page 73910-73911]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-180]                         

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57011; File No. SR-Amex-2007-25]

 
Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing of a Proposed Rule Change, as Modified by Amendment 
No. 1, to Allow Registered Options Traders to Quote Remotely From Off 
the Amex's Trading Floor on a Limited Basis

December 20, 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 27, 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 prepared substantially by the 
Amex. The Amex filed Amendment No. 1 to the proposal on December 13, 
2007.\3\ The Commission is publishing this notice to solicit comments 
on the proposed rule change, as modified by Amendment No. 1, from 
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 supersedes and replaces the original filing 
in its entirety.
---------------------------------------------------------------------------

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

    The Amex proposes to amend its rules to allow Registered Options 
Traders (``ROTs'') to quote remotely from off the Amex's trading floor 
on a limited basis. The text of the proposed rule change is available 
on the Amex's Web site at http://www.amex.com, at 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, 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 Amex proposes to amend Amex Rule 958--ANTE, ``Options 
Transactions of Registered Options Traders and Supplemental Registered 
Options Traders and Remote Registered Options Traders,'' to allow a ROT 
to submit electronic quotations and orders from a location off the 
Amex's trading floor on a limited basis. The proposal would accommodate 
ROTs on days when they are not able to be present on the Amex's 
physical trading floor. For example, rather than calling in sick to 
work and thereby relinquishing the ability to quote and submit orders 
altogether, a ROT would be able to stream quotes and submit orders from 
away from the Amex's physical trading floor.\4\
---------------------------------------------------------------------------

    \4\ A ROT would be able to establish connectivity via the 
Internet through its clearing firm.
---------------------------------------------------------------------------

    The proposal would allow ROTs to quote and place orders remotely 
(i.e., from off the trading floor) on a temporary basis for a maximum 
of 20 days throughout the calendar year.\5\ For purposes of a ROT's 
``in-person'' requirement, as set forth in Amex Rules 958--ANTE (g) and 
958--ANTE (h), any transactions that occur through this limited remote 
quoting program will be deemed to be ``on the floor.'' A ROT must 
notify the Amex's Division of Regulation and Compliance immediately 
following the day or days when he or she chooses to submit quotes and 
orders from off the Amex's trading floor.
---------------------------------------------------------------------------

    \5\ Quoting and submitting orders for one hour will qualify as 
one entire day.
---------------------------------------------------------------------------

    The Amex will employ the same surveillance procedures that are 
currently used for ROTs quoting from on the floor. Furthermore, the 
Amex notes that there is an independent way to monitor when a ROT is 
off the floor because all members are required to scan in. The Amex 
represents that it will be able to monitor for compliance with the 
Amex's trading rules, as well as the federal securities laws and the 
rules and regulations promulgated thereunder.
2. Statutory Basis
    The Amex 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, and to remove impediments to and perfect the mechanism of a 
free and open market and a national market system.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Amex 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

    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

[[Page 73911]]

(ii) as to which the Exchange 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 is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form at (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rulecomments@sec.gov. Please include 

File Number SR-Amex-2007-25 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-2007-25. 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 at 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 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-2007-25 and should be 
submitted on or before January 18, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-25197 Filed 12-27-07; 8:45 am]

BILLING CODE 8011-01-P
