Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To the Amendment to the Payment for Order Flow Plan To Include Supplemental Registered Options Traders, 57009-57010 [E6-15925]

Download as PDF Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices transaction which is the subject of the exemption. Ivan Strasfeld, Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E6–15922 Filed 9–27–06; 8:45 am] BILLING CODE 4510–29–P NUCLEAR REGULATORY COMMISSION [Docket No. 70–7004–ML; ASLBP No. 05– 838–01–ML] USEC, Inc. (American Centrifuge Plant); Notice of Reconstitution Pursuant to 10 CFR 2.321, the Atomic Safety and Licensing Board in the above captioned USEC, Inc. proceeding, is hereby reconstituted by appointing Administrative Judge Peter S. Lam in place of Administrative Judge Paul B. Abramson. In accordance with 10 CFR 2.302, henceforth all correspondence, documents, and other material relating to any matter in this proceeding over which this Licensing Board has jurisdiction should be served on Administrative Judge Lam as follows: Administrative Judge Peter S. Lam, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Issued at Rockville, Maryland this 22nd day of September 2006. E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E6–15921 Filed 9–27–06; 8:45 am] BILLING CODE 7590–01–P press releases and public filings with the Commission concerning, among other things: (i) The company’s purported ownership and control of its sole asset, Shenzhen Dicken Industrial Development, a manufacturer of energy saving devices located and doing business in the People’s Republic of China; and (ii) the existence and/or identity of the company’s purported former Chairman and Chief Executive Officer, Mr. Sun Li. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the abovelisted company is suspended for the period from 9:30 a.m. edt, September 26, 2006, through 11:59 p.m. edt, on October 10, 2006. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 06–8365 Filed 9–26–06; 11:44 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–54486; File No. SR–Amex– 2006–79] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To the Amendment to the Payment for Order Flow Plan To Include Supplemental Registered Options Traders September 22, 2006. SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of China Energy Savings Technology, Inc.; Order of Suspension of Trading sroberts on PROD1PC70 with NOTICES September 26, 2006. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of China Energy Savings Technology, Inc. (‘‘China Energy’’), a Nevada corporation headquartered in Hong Kong, which trades in the over-the-counter market under the symbol ‘‘CESV’’. Questions have arisen regarding the accuracy and completeness of information contained in China Energy’s VerDate Aug<31>2005 20:16 Sep 27, 2006 Jkt 208001 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 August 18, 2006, 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 by the Exchange. The Amex has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the Amex under section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposal 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 2 17 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 57009 effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Amex proposes to amend the its current options fee schedule and Payment for Order Flow Plan to allow Supplemental Registered Options Traders (‘‘SROTs’’) to negotiate a payment for order flow arrangement with any affiliated order flow provider (‘‘OFP’’) from which they receive the guaranteed SROT allocation.5 The text of the proposed rule change is available on the Amex’s Web site at http://www.amex.com, at the principal office of the Exchange, 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 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 The Amex proposes to amend the its current options fee schedule and Payment for Order Flow Plan to allow SROTs to negotiate a payment for order flow arrangement with any affiliated OFP from which they receive the guaranteed SROT allocation.6 The Exchange states that it adopted its current Payment for Order Flow Plan in February of 2006.7 The Amex states that under the current plan, the Exchange charges an equity options marketing fee of $0.75 per contract solely with respect to customer orders that are from 5 Telephone conference between Michou H.M. Nguyen, Special Counsel, Division of Market Regulation, Commission, and Nyieri Nazarian, Assistant General Counsel, Exchange, on September 18, 2006. See also Amex Rule 935–ANTE(a)(7). 6 Id. 7 See Securities Exchange Act Release No. 53341 (February 21, 2006), 71 FR 10085 (February 28, 2006) (SR–Amex–2006–15). E:\FR\FM\28SEN1.SGM 28SEN1 57010 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices payment accepting firms with whom a specialist has negotiated a payment for order flow arrangement. SPDR Options are currently subject to a $1.00 per contract fee. The Amex states that this fee solely applies to those orders that are executed electronically through the Exchange’s ANTE system. The Exchange now proposes to allow SROTs to negotiate such an arrangement from any affiliated OFPs from which they receive the guaranteed SROT allocation. Payment collected on SROT trades would be set aside for that particular SROT. In addition, fees would be collected from any SROT, specialist, or ROT who participates in the trade. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act,8 in general, and furthers the objectives of section 6(b)(4) of the Act,9 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among Amex members and other persons using Amex facilities. 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 The Exchange neither solicited nor received comments with respect to the proposed rule change. sroberts on PROD1PC70 with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to section 19(b)(3)(A)(ii) of the Act 10 and Rule 19b–4(f)(2) 11 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. 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 8 15 U.S.C. 78f(b). U.S.C. 78f(b)(4). 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b–4(f)(2). 9 15 VerDate Aug<31>2005 20:16 Sep 27, 2006 Jkt 208001 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 rulecomments@sec.gov. Please include File Number SR–Amex–2006–79 on the subject line. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.12 Jill M. Peterson, Assistant Secretary. [FR Doc. E6–15925 Filed 9–27–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–54478; File No. SR– NASDAQ–2006–016] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change To Eliminate Registration of Foreign Associates Under Nasdaq Membership Rules September 21, 2006. On July 21, 2006, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) submitted to the Paper Comments Securities and Exchange Commission (‘‘Commission’’), pursuant to Section • Send paper comments in triplicate 19(b)(1) of the Securities Exchange Act to Nancy M. Morris, Secretary, of 1934 (‘‘Act’’) 1 and Rule 19b–4 Securities and Exchange Commission, thereunder,2 a proposed rule change to 100 F Street, NE., Washington, DC eliminate the requirement for foreign 20549–1090. associates to register with Nasdaq. The All submissions should refer to File proposed rule change was published for Number SR–Amex–2006–79. This file comment in the Federal Register on number should be included on the August 15, 2006.3 The Commission subject line if e-mail is used. To help the received no comments on the proposed Commission process and review your rule change. The Commission finds that the comments more efficiently, please use only one method. The Commission will proposed rule change is consistent with post all comments on the Commission’s the requirements of the Act and the rules and regulations thereunder that Internet Web site (http://www.sec.gov/ are applicable to a national securities rules/sro.shtml). Copies of the exchange.4 In particular, the submission, all subsequent Commission finds that the proposed amendments, all written statements rule change is consistent with Section with respect to the proposed rule 6(b)(5) of the Act,5 which requires, change that are filed with the among other things, that the rules of the Commission, and all written Exchange are designed to prevent communications relating to the fraudulent and manipulative acts and proposed rule change between the practices, to promote just and equitable Commission and any person, other than principles of trade, to foster cooperation those that may be withheld from the and coordination with persons engaged public in accordance with the in regulating, clearing, settling, provisions of 5 U.S.C. 552, will be processing information with respect to, available for inspection and copying in and facilitating transactions in the Commission’s Public Reference securities, to remove impediments to Room. Copies of such filing also will be and perfect the mechanism of a free and available for inspection and copying at open market and a national market the principal office of the Amex. All system, and, in general, to protect comments received will be posted investors and the public interest. without change; the Commission does 12 17 CFR 200.30–3(a)(12). not edit personal identifying 1 15 U.S.C. 78s(b)(1). information from submissions. You 2 17 CFR 240.19b–4. should submit only information that 3 Securities Exchange Act Release No. 54284 you wish to make available publicly. All (August 8, 2006), 71 FR 46954. submissions should refer to File 4 In approving this proposed rule change, the Number SR–Amex–2006–79 and should Commission notes that it has considered the proposed rule’s impact on efficiency, competition, be submitted on or before October 19, and capital formation. See 15 U.S.C. 78c(f). 2006. 5 15 U.S.C. 78f(b)(5). PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 57009-57010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15925]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54486; File No. SR-Amex-2006-79]


Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating To the Amendment to the Payment for Order Flow Plan To Include 
Supplemental Registered Options Traders

September 22, 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 August 18, 2006, 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 by the Exchange. The Amex 
has designated this proposal as one establishing or changing a due, 
fee, or other charge imposed by the Amex under section 19(b)(3)(A)(ii) 
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Amex proposes to amend the its current options fee schedule and 
Payment for Order Flow Plan to allow Supplemental Registered Options 
Traders (``SROTs'') to negotiate a payment for order flow arrangement 
with any affiliated order flow provider (``OFP'') from which they 
receive the guaranteed SROT allocation.\5\
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    \5\ Telephone conference between Michou H.M. Nguyen, Special 
Counsel, Division of Market Regulation, Commission, and Nyieri 
Nazarian, Assistant General Counsel, Exchange, on September 18, 
2006. See also Amex Rule 935-ANTE(a)(7).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Amex's Web 
site at http://www.amex.com, at the principal office of the Exchange, 
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 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
    The Amex proposes to amend the its current options fee schedule and 
Payment for Order Flow Plan to allow SROTs to negotiate a payment for 
order flow arrangement with any affiliated OFP from which they receive 
the guaranteed SROT allocation.\6\
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

    The Exchange states that it adopted its current Payment for Order 
Flow Plan in February of 2006.\7\ The Amex states that under the 
current plan, the Exchange charges an equity options marketing fee of 
$0.75 per contract solely with respect to customer orders that are from

[[Page 57010]]

payment accepting firms with whom a specialist has negotiated a payment 
for order flow arrangement. SPDR Options are currently subject to a 
$1.00 per contract fee. The Amex states that this fee solely applies to 
those orders that are executed electronically through the Exchange's 
ANTE system.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 53341 (February 21, 
2006), 71 FR 10085 (February 28, 2006) (SR-Amex-2006-15).
---------------------------------------------------------------------------

    The Exchange now proposes to allow SROTs to negotiate such an 
arrangement from any affiliated OFPs from which they receive the 
guaranteed SROT allocation. Payment collected on SROT trades would be 
set aside for that particular SROT. In addition, fees would be 
collected from any SROT, specialist, or ROT who participates in the 
trade.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6(b) of the Act,\8\ in general, and furthers the 
objectives of section 6(b)(4) of the Act,\9\ in particular, in that it 
is designed to provide for the equitable allocation of reasonable dues, 
fees, and other charges among Amex members and other persons using Amex 
facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments with respect 
to the proposed rule change.

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

    The foregoing proposed rule change has been designated as a fee 
change pursuant to section 19(b)(3)(A)(ii) of the Act \10\ and Rule 
19b-4(f)(2) \11\ thereunder, because it establishes or changes a due, 
fee, or other charge imposed by the Exchange. Accordingly, the proposal 
will take effect upon filing with the Commission. 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2006-79 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-2006-79. 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. Copies of such 
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-2006-79 and should be submitted on or before 
October 19, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-15925 Filed 9-27-06; 8:45 am]
BILLING CODE 8010-01-P