Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to the Suspension of Transaction Charges for Specialist Orders in the Nasdaq-100 Tracking Stock® (QQQQ), 44055-44056 [E6-12524]
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[FR Doc. E6–12560 Filed 8–2–06; 8:45 am]
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54227; File No. SR–Amex–
2006–65]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change and
Amendment No. 1 Thereto Relating to
the Suspension of Transaction
Charges for Specialist Orders in the
Nasdaq-100 Tracking Stock (QQQQ)
July 27, 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 July 13,
2006, the American Stock Exchange LLC
(‘‘Amex’’ or ‘‘Exchange’’) submitted to
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by Amex. On July 25,
2006, the Exchange submitted
Amendment No. 1 to the proposed rule
change.3 Amex has designated the
proposal as one establishing or changing
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 In Amendment No. 1, the Exchange altered the
proposed rule text to reflect that the transaction
charges have been suspended in the Nasdaq-100
Index Tracking Stock (QQQQ) from July 13, 2006
(rather than July 10, 2006), through August 31,
2006, for specialist orders. The Exchange made
corresponding changes to the Purpose section. The
Exchange also changed a reference to the annual
technology fee in the Purpose section.
hsrobinson on PROD1PC69 with NOTICES
2 17
VerDate Aug<31>2005
15:20 Aug 02, 2006
Jkt 208001
a due, fee, or other charge imposed by
the Exchange pursuant to Section
19(b)(3)(A)(iii) of the Act 4 and Rule
19b–4(f)(2) thereunder,5 which renders
it effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Amex Exchange Traded Funds and
Trust Issued Receipts Fee Schedule (the
‘‘ETF Fee Schedule’’) to suspend
transaction charges for specialist orders
in connection with the trading of the
Nasdaq-100 Index Tracking Stock
(Symbol: QQQQ) from July 13, 2006
through August 31, 2006. The text of the
proposed rule change is available on
Amex’s Web site (https://
www.amex.com), at 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,
Amex included statements concerning
the purpose of, and basis for, the
proposed rule change, as amended, and
discussed any comments it received on
the proposal. 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 Exchange proposes to suspend
transaction charges for specialist orders
in the QQQQ from July 13, 2006 through
August 31, 2006. The previous
suspension of specialist transaction
charges in the QQQQ terminated on
June 30, 2006.
Specialist orders currently are
charged $0.0034 ($0.34 per 100 shares),
capped at $300 per trade (88,235
shares). Effective December 1, 2004, the
Nasdaq-100 Index Tracking Stock
formerly ‘‘QQQ,’’ transferred its listing
from Amex to the Nasdaq Stock Market,
Inc. It now trades on Nasdaq under the
symbol QQQQ. After the transfer, Amex
4 15
5 17
PO 00000
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(2).
Frm 00043
Fmt 4703
Sfmt 4703
44055
began trading QQQQ on an unlisted
trading privileges basis. Amex
previously suspended the transaction
charges of specialist orders in
connection with the QQQQ through
June 30, 2006.6
The Exchange asserts that the
proposed suspension of transaction fees
for specialist orders in connection with
the QQQQ is consistent with Section
6(b)(4) of the Act.7 Specifically, the
Exchange believes that the proposal
provides for an equitable allocation of
reasonable fees among Exchange
members largely based on the fact that
a specialist has greater obligations than
other members and are also subject to
other Exchange fees, in addition to
transaction fees.
In connection with the proposal to
suspend or waive transaction fees for
specialist orders in the QQQQ, the
Exchange notes that specialists are
subject to a variety of Exchange fees
other than transaction charges. For
example, the Exchange imposes floor
fees solely on specialists such as a floor
clerk fee, a floor facility fee, a post fee,
and a registration fee.8 In addition, for
those members on the floor of the
Exchange, a technology fee and
membership fees are also charged by the
Exchange.9 Certain market participants,
such as customers, non-member brokerdealers and market-makers, and member
broker-dealers are not subject to the
majority of these fees. In addition, a
specialist unit, in order to adequately
‘‘make a market’’ in assigned securities,
must be sufficiently staffed 10 and have
adequate technology resources to handle
the volume of orders (especially in the
QQQQ) that are sent to the Exchange.
The Exchange believes that these
operational costs borne by a specialist
further support the Exchange’s proposal
to temporarily suspend QQQQ
transaction fees on specialist orders.
Specialists have certain obligations
required by Exchange rules, as well as
6 See, e.g., Securities Exchange Act Release No.
53701 (April 21, 2006), 71 FR 25253 (April 28,
2006).
7 Section 6(b)(4) states that the rules of a national
securities exchange must provide for the equitable
allocation of reasonable dues, fees, and other
charges among its members and issuers and other
persons using its facilities. 15 U.S.C. 78f(b)(4).
8 The floor clerk, floor facility, post, and
registration fees, on an annual basis, are $900,
$2,400, $1,000 and $800, respectively.
9 A technology fee of $6,000 per year is assessed
on all specialists and other floor participants at the
Exchange. Annual membership dues of $1,500 must
be paid by all members while annual membership
fees are payable depending on the type of
membership and circumstances. Non-members are
not subject to these fees.
10 See Securities Exchange Act Release No. 53386
(February 28, 2006), 71 FR 11250 (March 6, 2006)
(requiring specialists to employ an adequate
number of clerks).
E:\FR\FM\03AUN1.SGM
03AUN1
44056
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices
the Act, that do not exist for other
market participants. For example,
pursuant to Amex Rule 170, a specialist
is required to maintain a fair and
orderly market in his or her assigned
securities. Other members of the
Exchange, as well as non-member
market participants, do not have this
obligation. As a result, the Exchange
believes that the proposed suspension of
transaction charges for specialist orders
in the QQQQ is reasonable and
equitable, given the obligations that
specialists must adhere to in making
markets. The Exchange further submits
that the fee suspension will provide
greater incentive to the specialist to
continue to provide market liquidity,
rendering the Exchange an attractive
venue for market participants to execute
orders.
2. Statutory Basis
The Exchange believes that the
proposed rule change, as amended, is
consistent Section 6(b) of the Act,11 in
general, and furthers the objectives of
Section 6(b)(4) of the Act,12 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.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change does 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 with respect to the proposed
rule change.
hsrobinson on PROD1PC69 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change, as
amended, has become effective pursuant
to Section 19(b)(3)(A)(iii) of the Act 13
and subparagraph (f)(2) of Rule 19b–4 14
thereunder because it establishes or
changes a due, fee, or other charge
imposed by the Exchange. 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
11 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
13 15 U.S.C. 78s(b)(3)(A)(iii).
14 17 CFR 240.19b–4(f)(2).
12 15
VerDate Aug<31>2005
15:20 Aug 02, 2006
Jkt 208001
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
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Amex–2006–65 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–2006–65. 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 (https://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. Copies of such filing also will be
available for inspection and copying at
the principal office of Amex. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
15 The effective date of the original proposed rule
change is July 13, 2006, and the effective date of
Amendment No. 1 is July 25, 2006. For purposes
of calculating the 60-day period within which the
Commission may summarily abrogate the proposed
rule change, as amended, under section 19(b)(3)(C)
of the Act, the Commission considers the period to
commence on July 25, 2006, the date on which the
Exchange submitted Amendment No. 1. See 15
U.S.C. 78s(b)(3)(C).
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–Amex–2006–65 and should
be submitted on or before August 24,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6–12524 Filed 8–2–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54225; File No. SR–BSE–
2006–26]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Order Granting Accelerated
Approval of Proposed Rule Change To
Extend the Linkage Fee Pilot Program
July 27, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 28,
2006, the Boston Stock Exchange, Inc.
(‘‘BSE’’ 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 prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons and is
approving the proposal on an
accelerated basis for a pilot period
through July 31, 2007.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The BSE proposes to amend the fee
schedule of the Boston Options
Exchange (‘‘Fee Schedule’’), the options
trading facility of the BSE (‘‘BOX’’), to
extend until July 31, 2007, the current
pilot program applicable to the options
intermarket linkage (‘‘Linkage’’) fees and
to make some technical changes to the
Fee Schedule. The text of the proposed
rule change is available on the BSE’s
Web site at (https://
www.bostonstock.com), at the offices of
the Exchange, and at the Commission’s
Public Reference Room.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\03AUN1.SGM
03AUN1
Agencies
[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44055-44056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12524]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54227; File No. SR-Amex-2006-65]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to the Suspension of Transaction
Charges for Specialist Orders in the Nasdaq-100 Tracking Stock[supreg]
(QQQQ)
July 27, 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 July 13, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') submitted to the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Amex. On July 25, 2006, the
Exchange submitted Amendment No. 1 to the proposed rule change.\3\ Amex
has designated the proposal as one establishing or changing a due, fee,
or other charge imposed by the Exchange pursuant to Section
19(b)(3)(A)(iii) of the Act \4\ and Rule 19b-4(f)(2) thereunder,\5\
which renders it effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ In Amendment No. 1, the Exchange altered the proposed rule
text to reflect that the transaction charges have been suspended in
the Nasdaq-100 Index Tracking Stock (QQQQ) from July 13, 2006
(rather than July 10, 2006), through August 31, 2006, for specialist
orders. The Exchange made corresponding changes to the Purpose
section. The Exchange also changed a reference to the annual
technology fee in the Purpose section.
\4\ 15 U.S.C. 78s(b)(3)(A)(iii).
\5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Amex Exchange Traded Funds and
Trust Issued Receipts Fee Schedule (the ``ETF Fee Schedule'') to
suspend transaction charges for specialist orders in connection with
the trading of the Nasdaq-100 Index Tracking Stock[supreg] (Symbol:
QQQQ) from July 13, 2006 through August 31, 2006. The text of the
proposed rule change is available on Amex's Web site (https://
www.amex.com), at 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, Amex included statements
concerning the purpose of, and basis for, the proposed rule change, as
amended, and discussed any comments it received on the proposal. 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 Exchange proposes to suspend transaction charges for specialist
orders in the QQQQ from July 13, 2006 through August 31, 2006. The
previous suspension of specialist transaction charges in the QQQQ
terminated on June 30, 2006.
Specialist orders currently are charged $0.0034 ($0.34 per 100
shares), capped at $300 per trade (88,235 shares). Effective December
1, 2004, the Nasdaq-100 Index Tracking Stock[supreg] formerly ``QQQ,''
transferred its listing from Amex to the Nasdaq Stock Market, Inc. It
now trades on Nasdaq under the symbol QQQQ. After the transfer, Amex
began trading QQQQ on an unlisted trading privileges basis. Amex
previously suspended the transaction charges of specialist orders in
connection with the QQQQ through June 30, 2006.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Securities Exchange Act Release No. 53701 (April
21, 2006), 71 FR 25253 (April 28, 2006).
---------------------------------------------------------------------------
The Exchange asserts that the proposed suspension of transaction
fees for specialist orders in connection with the QQQQ is consistent
with Section 6(b)(4) of the Act.\7\ Specifically, the Exchange believes
that the proposal provides for an equitable allocation of reasonable
fees among Exchange members largely based on the fact that a specialist
has greater obligations than other members and are also subject to
other Exchange fees, in addition to transaction fees.
---------------------------------------------------------------------------
\7\ Section 6(b)(4) states that the rules of a national
securities exchange must provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and
issuers and other persons using its facilities. 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
In connection with the proposal to suspend or waive transaction
fees for specialist orders in the QQQQ, the Exchange notes that
specialists are subject to a variety of Exchange fees other than
transaction charges. For example, the Exchange imposes floor fees
solely on specialists such as a floor clerk fee, a floor facility fee,
a post fee, and a registration fee.\8\ In addition, for those members
on the floor of the Exchange, a technology fee and membership fees are
also charged by the Exchange.\9\ Certain market participants, such as
customers, non-member broker-dealers and market-makers, and member
broker-dealers are not subject to the majority of these fees. In
addition, a specialist unit, in order to adequately ``make a market''
in assigned securities, must be sufficiently staffed \10\ and have
adequate technology resources to handle the volume of orders
(especially in the QQQQ) that are sent to the Exchange. The Exchange
believes that these operational costs borne by a specialist further
support the Exchange's proposal to temporarily suspend QQQQ transaction
fees on specialist orders.
---------------------------------------------------------------------------
\8\ The floor clerk, floor facility, post, and registration
fees, on an annual basis, are $900, $2,400, $1,000 and $800,
respectively.
\9\ A technology fee of $6,000 per year is assessed on all
specialists and other floor participants at the Exchange. Annual
membership dues of $1,500 must be paid by all members while annual
membership fees are payable depending on the type of membership and
circumstances. Non-members are not subject to these fees.
\10\ See Securities Exchange Act Release No. 53386 (February 28,
2006), 71 FR 11250 (March 6, 2006) (requiring specialists to employ
an adequate number of clerks).
---------------------------------------------------------------------------
Specialists have certain obligations required by Exchange rules, as
well as
[[Page 44056]]
the Act, that do not exist for other market participants. For example,
pursuant to Amex Rule 170, a specialist is required to maintain a fair
and orderly market in his or her assigned securities. Other members of
the Exchange, as well as non-member market participants, do not have
this obligation. As a result, the Exchange believes that the proposed
suspension of transaction charges for specialist orders in the QQQQ is
reasonable and equitable, given the obligations that specialists must
adhere to in making markets. The Exchange further submits that the fee
suspension will provide greater incentive to the specialist to continue
to provide market liquidity, rendering the Exchange an attractive venue
for market participants to execute orders.
2. Statutory Basis
The Exchange believes that the proposed rule change, as amended, is
consistent Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\12\ 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.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposed rule change does 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 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, as amended, has become effective
pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and subparagraph
(f)(2) of Rule 19b-4 \14\ thereunder because it establishes or changes
a due, fee, or other charge imposed by the Exchange. 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 furtherance of the
purposes of the Act.\15\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(A)(iii).
\14\ 17 CFR 240.19b-4(f)(2).
\15\ The effective date of the original proposed rule change is
July 13, 2006, and the effective date of Amendment No. 1 is July 25,
2006. For purposes of calculating the 60-day period within which the
Commission may summarily abrogate the proposed rule change, as
amended, under section 19(b)(3)(C) of the Act, the Commission
considers the period to commence on July 25, 2006, the date on which
the Exchange submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Amex-2006-65 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-2006-65. 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 (https://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. Copies of such
filing also will be available for inspection and copying at the
principal office of 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-2006-65 and should be submitted on or before August 24, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------
\16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-12524 Filed 8-2-06; 8:45 am]
BILLING CODE 8010-01-P