Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Equities and Exchange Traded Fund Shares (“ETFs”) Fee Schedule, 65846-65847 [E6-18954]
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
members and other persons using its
facilities.
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 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 become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act 7 and
Rule 19b–4(f)(2) thereunder 8 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 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
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 (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 the 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–2006–104 and
should be submitted on or before
November 30, 2006.
Exchange. The Exchange designated the
proposed rule change as one
establishing or changing a due, fee, or
other charge, pursuant to 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.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.9
Nancy M. Morris,
Secretary.
[FR Doc. E6–18953 Filed 11–8–06; 8:45 am]
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.
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:
BILLING CODE 8011–01–P
Electronic Comments
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change To Revise
the Equities and Exchange Traded
Fund Shares (‘‘ETFs’’) Fee Schedule
• 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
No. SR–Amex–2006–104 on the subject
line.
sroberts on PROD1PC70 with NOTICES
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–2006–104. This file
number should be included on the
subject line if e-mail is used. To help the
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54696; File No. SR–Amex–
2006–93]
November 2, 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
September 29, 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 substantially prepared by the
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to revise the
equities and Exchange Traded Fund
Shares (‘‘ETFs’’) Fee Schedule to
provide for various fees related to the
routing of orders to other market
centers.
The text of the proposed change is
available on Amex’s Web site at
https://www.amex.com, at the principal
office of Amex, 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
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On July 17, 2006, the Amex, the
Boston Stock Exchange, Inc., the
Chicago Board Options Exchange, Inc.,
the Chicago Stock Exchange, Inc., the
Nasdaq Stock Market LLC, the National
Stock Exchange, the New York Stock
Exchange LLC, and the NYSE Arca, Inc.,
executed and filed with the Commission
a ‘‘Plan for the Purpose of Creating and
Operating an Intermarket
Communications Linkage Pursuant to
Section 11A(a)(3)(B) of the Act. The
Philadelphia Stock Exchange, Inc.
(‘‘Phlx’’) subsequently executed the
9 17
7 15
U.S.C. 78s(b)(3)(A)(ii).
8 17 CFR 19b–4(f)(2).
VerDate Aug<31>2005
16:26 Nov 08, 2006
1 15
Jkt 211001
PO 00000
Frm 00076
Fmt 4703
3 15
4 17
Sfmt 4703
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
E:\FR\FM\09NON1.SGM
09NON1
Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
Linkage Plan on August 1, 2006.5 This
‘‘Linkage Plan’’ was filed with the
Commission pursuant to Rule 608 of
Regulation NMS under the Act.6 The
purpose of the proposed Linkage Plan is
to enable the Plan Participants to act
jointly in planning, developing,
operating and regulating the NMS
Linkage System (‘‘Linkage’’) that will
electronically link the Linkage Plan
Participant Markets to one another, as
described in the Linkage Plan. The
Linkage Plan became operative on
October 1, 2006.
Historically, ITS Participants have not
imposed transaction charges for
executions of commitments delivered
through ITS, although the ITS Plan does
not prohibit such charges. Under the
Linkage Plan, each Participant is
accessed through its own members and
could charge for orders executed in their
market through the Linkage. Therefore,
the Exchange now proposes to amend
its Fee Schedule to provide: (1) For
transactions resulting from equities and
ETF orders routed through the Linkage
to the Amex, members will be assessed
a transaction charge based on the
transaction charges currently in place
for transactions resulting from other
orders; and (2) for transactions resulting
from equities and ETF orders routed
through the Linkage to an away market,
the Amex will pass through to its
members fees charged by the other
market centers for such transactions.7
To determine the amount of these fees
members will need to consult the fee
schedules published by each market
center. It is anticipated that, at least
initially the transaction charges
imposed by other market centers for the
execution of orders routed to them
through the Linkage will be the same as
the transaction charges imposed on
executions of orders for their own
members.
2. Statutory Basis
sroberts on PROD1PC70 with NOTICES
The Exchange believes that its
proposal to revise its schedule of fees 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 an equitable allocation of
reasonable dues, fees and other charges
among its members and issuers and
5 See Securities Exchange Act Release No. 54551
(Sept. 29, 2006), 71 FR 59148 (Oct. 6, 2006)
(approving the Linkage Plan).
6 17 CFR 242.608.
7 See Securities Exchange Act Release Nos. 54548
(September 29, 2006), 71 FR 59159 (October 6,
2006) (SR–Amex 2006–85); and 54480 (September
21, 2006), 71 FR 57596 (September 29, 2006) (SR–
NYSE 2006–75).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
VerDate Aug<31>2005
16:26 Nov 08, 2006
Jkt 211001
other persons using its facilities.
Specifically, the Exchange is proposing
to establish transaction charges for order
routed to the Amex through the Linkage
and pass through charges assessed by
other market centers for orders routed
from the Amex through the Linkage.
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 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 has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and
subparagraph (f)(2) of Rule 19b–4
thereunder.11 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 the 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Amex–2006–93 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–2006–93. This file
10 15
11 17
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
C.F.R. 240.19b–4(f)(2).
Frm 00077
Fmt 4703
Sfmt 4703
65847
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 Room. 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–
2006–93 and should be submitted on or
before November 30, 2006.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–18954 Filed 11–8–06; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54709; File No. SR–Amex–
2006–72]
Self-Regulatory Organizations;
American Stock Exchange LLC; Order
Approving a Proposed Rule Change
and Amendment No. 1 Thereto, and
Notice of Filing and Order Granting
Accelerated Approval to Amendment
No. 3, To Adopt New Rules To
Implement on a Pilot Basis an Initial
Version of AEMI, Its Proposed New
Hybrid Market Trading Platform For
Equity Products and Exchange Traded
Funds
November 3, 2006.
I. Introduction
On August 8, 2006, the American
Stock Exchange LLC (‘‘Amex’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
12 17
E:\FR\FM\09NON1.SGM
CFR 200.30–3(a)(12).
09NON1
]]>Agencies
[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65846-65847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18954]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54696; File No. SR-Amex-2006-93]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Revise the Equities and Exchange Traded Fund Shares (``ETFs'') Fee
Schedule
November 2, 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 September 29, 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 substantially prepared by the
Exchange. The Exchange designated the proposed rule change as one
establishing or changing a due, fee, or other charge, pursuant to
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to revise the equities and Exchange Traded
Fund Shares (``ETFs'') Fee Schedule to provide for various fees related
to the routing of orders to other market centers.
The text of the proposed change is available on Amex's Web site at
https://www.amex.com, at the principal office of Amex, 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
On July 17, 2006, the Amex, the Boston Stock Exchange, Inc., the
Chicago Board Options Exchange, Inc., the Chicago Stock Exchange, Inc.,
the Nasdaq Stock Market LLC, the National Stock Exchange, the New York
Stock Exchange LLC, and the NYSE Arca, Inc., executed and filed with
the Commission a ``Plan for the Purpose of Creating and Operating an
Intermarket Communications Linkage Pursuant to Section 11A(a)(3)(B) of
the Act. The Philadelphia Stock Exchange, Inc. (``Phlx'') subsequently
executed the
[[Page 65847]]
Linkage Plan on August 1, 2006.\5\ This ``Linkage Plan'' was filed with
the Commission pursuant to Rule 608 of Regulation NMS under the Act.\6\
The purpose of the proposed Linkage Plan is to enable the Plan
Participants to act jointly in planning, developing, operating and
regulating the NMS Linkage System (``Linkage'') that will
electronically link the Linkage Plan Participant Markets to one
another, as described in the Linkage Plan. The Linkage Plan became
operative on October 1, 2006.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 54551 (Sept. 29,
2006), 71 FR 59148 (Oct. 6, 2006) (approving the Linkage Plan).
\6\ 17 CFR 242.608.
---------------------------------------------------------------------------
Historically, ITS Participants have not imposed transaction charges
for executions of commitments delivered through ITS, although the ITS
Plan does not prohibit such charges. Under the Linkage Plan, each
Participant is accessed through its own members and could charge for
orders executed in their market through the Linkage. Therefore, the
Exchange now proposes to amend its Fee Schedule to provide: (1) For
transactions resulting from equities and ETF orders routed through the
Linkage to the Amex, members will be assessed a transaction charge
based on the transaction charges currently in place for transactions
resulting from other orders; and (2) for transactions resulting from
equities and ETF orders routed through the Linkage to an away market,
the Amex will pass through to its members fees charged by the other
market centers for such transactions.\7\ To determine the amount of
these fees members will need to consult the fee schedules published by
each market center. It is anticipated that, at least initially the
transaction charges imposed by other market centers for the execution
of orders routed to them through the Linkage will be the same as the
transaction charges imposed on executions of orders for their own
members.
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release Nos. 54548 (September
29, 2006), 71 FR 59159 (October 6, 2006) (SR-Amex 2006-85); and
54480 (September 21, 2006), 71 FR 57596 (September 29, 2006) (SR-
NYSE 2006-75).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal to revise its schedule of
fees 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 an equitable allocation of reasonable dues,
fees and other charges among its members and issuers and other persons
using its facilities. Specifically, the Exchange is proposing to
establish transaction charges for order routed to the Amex through the
Linkage and pass through charges assessed by other market centers for
orders routed from the Amex through the Linkage.
---------------------------------------------------------------------------
\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
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 has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\11\ 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 the furtherance of the purposes of the Act.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 C.F.R. 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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Amex-2006-93 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-2006-93. 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 Room. 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-2006-93 and should be
submitted on or before November 30, 2006.
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
[FR Doc. E6-18954 Filed 11-8-06; 8:45 am]
BILLING CODE 8011-01-P
