Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Member Floor Fees, 53270-53271 [E7-18269]
Download as PDF
<![CDATA[
53270
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
SECURITIES AND EXCHANGE
COMMISSION
Dated: September 13, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. E7–18381 Filed 9–17–07; 8:45 am]
[Release No. 34–56382; File No. SR–Amex–
2007–80]
BILLING CODE 8010–01–P
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to
Member Floor Fees
SECURITIES AND EXCHANGE
COMMISSION
September 11, 2007.
[File No. 500–1]
In the Matter of Terax Energy, Inc.;
Corrected Order of Suspension of
Trading
September 12, 2007.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Terax
Energy, Inc. (‘‘Terax,’’ trading symbol
TEXG.OB), because of questions
regarding the accuracy of assertions by
Terax and by others, in reports filed
with the Commission and in press
releases to investors concerning, among
other things: (1) The status of Terax’s oil
and gas operations, (2) Terax’s
purported financing agreements, (3)
Terax’s supposed acquisition of a
controlling interest in a foreign oil and
gas firm, (4) the existence, terms and
status of a purported share exchange
agreement between Terax and Westar
Oil, Inc., and (5) the identity of the
persons in control of the operations and
management of Terax.
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
12, 2007 through 11:59 p.m. EDT, on
September 25, 2007.
By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–18268 Filed 9–17–07; 8:45 am]
pwalker on PROD1PC71 with NOTICES
BILLING CODE 8010–01–P
Pursuant to section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), and Rule 19b–4 2 thereunder,
notice is hereby given that on August
29, 2007, the American Stock Exchange
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared substantially by the
Exchange. Amex has designated the
proposed rule change as establishing or
changing a due, fee, or other charge
applicable only to members, pursuant to
section 19(b)(3)(A)(ii) of the Act,3 and
Rule 19b–4(f)(2) 4 thereunder, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to revise the
Amex Floor Fee Schedule (the ‘‘Fee
Schedule’’).
The text of the proposed rule change
is available on Amex’s Web site at
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 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.
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
VerDate Aug<31>2005
19:28 Sep 17, 2007
Jkt 211001
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this proposal is to
adopt various floor fees for services
provided by the Exchange to members
and member organizations in
connection with the installation and
management of member technology and
computer networks. These services,
among other things, include floor
facilities, network connectivity, power
and telecommunications. The Exchange
submits that these changes will be
implemented on September 1, 2007.
The Fee Schedule sets forth the
various floor fees that the Exchange
proposes to adopt on either a one-time,
annual or monthly basis as appropriate.
The proposal seeks to add three (3) new
categories to the Fee Schedule to
include (i) Colocation Space, (ii) Amex
Port Charges and (iii) Power. In
addition, the proposal adds various fees
in the Fee Schedule under sections
entitled ‘‘Market Data Fees/Terminals,’’
‘‘Equipment’’ and
‘‘Telecommunications.’’
The section entitled ‘‘Colocation
Space’’ relates to the Exchange facilities
space that is made available to members
and member firms for the purpose of
managing their own network and
computing hardware at the Amex. The
proposed fees provide that the members
and member firms desiring full cabinet 5
space be assessed a one-time fee of
$2,125.00 with an ongoing annual fee of
$14,400 ($1,200/month). Alternatively,
for a 1/8 cabinet increment, members
will be charged a one-time fee of
$265.00 with an annual fee of $1,800.00
($150 per month).
The section entitled ‘‘Amex Port
Charges’’ are proposed charges for
network connectivity. These proposed
one-time fees range from $100 to $780
with ongoing annual fees ranging from
$792 ($66/month) to $7,020 ($585/
month). The proposed connectivity
charge will depend on the type of
network connectivity.
The section entitled ‘‘Power’’ are
proposed charges for electrical power
that members and member firms may
use to supplement the power included
in the standard Colocation Space.
Proposed charges range from $1,200 a
year ($100/month) to $21,912.00 a year
5 ‘‘Full cabinet’’ is defined as one (1) 44 rack unit
(RU) powered telecommunications cabinet or rack
with 33 RU usable space. Standard power is one (1)
20 amperes (amps) 120 volts primary power circuit
and one (1) 20 amps 120 volts redundant power
circuit per cabinet or rack with 16 amps available
per circuit.
E:\FR\FM\18SEN1.SGM
18SEN1
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
pwalker on PROD1PC71 with NOTICES
($1,826/month). Differences in the
proposed fees depend on whether the
electrical power is primary or redundant
and the specific voltage and amp
requirements.
The proposal also adds various
charges for market data in the current
section entitled ‘‘Market Data Fees/
Terminals.’’ These proposed fees range
from $113.76 a year ($9.48/month) to
$3,120 a year ($260/month). The
proposed charges are for fees in
connection with various market data
services such as Dow Jones and
Bloomberg.
With respect to the proposed fee
additions to the section entitled
‘‘Equipment,’’ members and member
firms would be assessed for the use of
‘‘Podia’’ 6 and ‘‘MCTV’’ 7 in the amount
of $1,044 per year ($87/month) and
$479.88 per year ($39.99/month),
respectively. As provided for in the
proposed Floor Fee Schedule, these
charges would defray the Exchange’s
cost of providing this equipment to
members. Similarly, the proposed
‘‘Internet Service Fee’’ of $840.00 per
year ($70/month) in the section entitled
‘‘Telecommunications’’ will defray the
cost of providing this service to those
members and member firms that choose
to access the internet through the
Exchange.
Lastly, the current ‘‘Floor Wire
Privilege Fee’’ would be eliminated
under the proposal because the
proposed charges in connection with
‘‘Amex Port Charges’’ apply to network
connectivity so that the ‘‘Floor Wire
Privilege Fee’’ is not necessary.
2. Statutory Basis
The proposed fee change is consistent
with section 6(b)(4) of the Act 8
regarding the equitable allocation of
reasonable dues, fees and other charges
among exchange members and other
persons using exchange facilities. The
Exchange believes that the proposal is
an equitable allocation of reasonable
fees/charges among floor members
because the fees/charges relating to floor
facilities, network connectivity, power
and telecommunications are assessed
only against those floor members who
choose to employ the Exchange’s
offering of such products/services. In
addition, the Exchange submits that the
proposed fees/charges are reasonable in
connection with the Exchange’s offered
products/services, and are largely
expected to cover the cost to the
Exchange of providing such products/
6 ‘‘Podia’’ refers to an increment of space used by
specialists at a trading post.
7 ‘‘MCTV’’ is cable television.
8 15 U.S.C. 78f(b)(4).
VerDate Aug<31>2005
19:28 Sep 17, 2007
Jkt 211001
services. Accordingly, the Exchange
seeks, through this proposal, to better
manage its costs for supplying member
technology and computer networks.
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 proposed rule change
has become effective pursuant to section
19(b)(3)(A)(ii) of the Act,9 and Rule
19b–4(f)(2) 10 thereunder, because it
establishes or changes a due, fee, or
other charge imposed by the Exchange,
applicable only to members. 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:
53271
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, 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 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–2007–80 and should
be submitted on or before October 9,
2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–18269 Filed 9–17–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–2007–80 on the
subject line.
[Release No. 34–56384; File No. SR–NYSE–
2007–80]
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–2007–80. This file
September 11, 2007.
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the
Elimination of One of its NYSE
OpenBook Services
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
30, 2007, the New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
11 17
9 15
U.S.C. 78s(b)(3)(A)(ii).
10 17 CFR 240.19b–4(f)(2).
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\18SEN1.SGM
18SEN1
]]>Agencies
[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53270-53271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18269]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56382; File No. SR-Amex-2007-80]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Member Floor Fees
September 11, 2007.
Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''), and Rule 19b-4 \2\ thereunder, notice is hereby
given that on August 29, 2007, the American Stock Exchange LLC
(``Amex'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared
substantially by the Exchange. Amex has designated the proposed rule
change as establishing or changing a due, fee, or other charge
applicable only to members, pursuant to section 19(b)(3)(A)(ii) of the
Act,\3\ and Rule 19b-4(f)(2) \4\ thereunder, 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 Amex Floor Fee Schedule (the
``Fee Schedule'').
The text of the proposed rule change is available on Amex's Web
site at 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 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 purpose of this proposal is to adopt various floor fees for
services provided by the Exchange to members and member organizations
in connection with the installation and management of member technology
and computer networks. These services, among other things, include
floor facilities, network connectivity, power and telecommunications.
The Exchange submits that these changes will be implemented on
September 1, 2007.
The Fee Schedule sets forth the various floor fees that the
Exchange proposes to adopt on either a one-time, annual or monthly
basis as appropriate. The proposal seeks to add three (3) new
categories to the Fee Schedule to include (i) Colocation Space, (ii)
Amex Port Charges and (iii) Power. In addition, the proposal adds
various fees in the Fee Schedule under sections entitled ``Market Data
Fees/Terminals,'' ``Equipment'' and ``Telecommunications.''
The section entitled ``Colocation Space'' relates to the Exchange
facilities space that is made available to members and member firms for
the purpose of managing their own network and computing hardware at the
Amex. The proposed fees provide that the members and member firms
desiring full cabinet \5\ space be assessed a one-time fee of $2,125.00
with an ongoing annual fee of $14,400 ($1,200/month). Alternatively,
for a 1/8 cabinet increment, members will be charged a one-time fee of
$265.00 with an annual fee of $1,800.00 ($150 per month).
---------------------------------------------------------------------------
\5\ ``Full cabinet'' is defined as one (1) 44 rack unit (RU)
powered telecommunications cabinet or rack with 33 RU usable space.
Standard power is one (1) 20 amperes (amps) 120 volts primary power
circuit and one (1) 20 amps 120 volts redundant power circuit per
cabinet or rack with 16 amps available per circuit.
---------------------------------------------------------------------------
The section entitled ``Amex Port Charges'' are proposed charges for
network connectivity. These proposed one-time fees range from $100 to
$780 with ongoing annual fees ranging from $792 ($66/month) to $7,020
($585/month). The proposed connectivity charge will depend on the type
of network connectivity.
The section entitled ``Power'' are proposed charges for electrical
power that members and member firms may use to supplement the power
included in the standard Colocation Space. Proposed charges range from
$1,200 a year ($100/month) to $21,912.00 a year
[[Page 53271]]
($1,826/month). Differences in the proposed fees depend on whether the
electrical power is primary or redundant and the specific voltage and
amp requirements.
The proposal also adds various charges for market data in the
current section entitled ``Market Data Fees/Terminals.'' These proposed
fees range from $113.76 a year ($9.48/month) to $3,120 a year ($260/
month). The proposed charges are for fees in connection with various
market data services such as Dow Jones and Bloomberg.
With respect to the proposed fee additions to the section entitled
``Equipment,'' members and member firms would be assessed for the use
of ``Podia'' \6\ and ``MCTV'' \7\ in the amount of $1,044 per year
($87/month) and $479.88 per year ($39.99/month), respectively. As
provided for in the proposed Floor Fee Schedule, these charges would
defray the Exchange's cost of providing this equipment to members.
Similarly, the proposed ``Internet Service Fee'' of $840.00 per year
($70/month) in the section entitled ``Telecommunications'' will defray
the cost of providing this service to those members and member firms
that choose to access the internet through the Exchange.
---------------------------------------------------------------------------
\6\ ``Podia'' refers to an increment of space used by
specialists at a trading post.
\7\ ``MCTV'' is cable television.
---------------------------------------------------------------------------
Lastly, the current ``Floor Wire Privilege Fee'' would be
eliminated under the proposal because the proposed charges in
connection with ``Amex Port Charges'' apply to network connectivity so
that the ``Floor Wire Privilege Fee'' is not necessary.
2. Statutory Basis
The proposed fee change is consistent with section 6(b)(4) of the
Act \8\ regarding the equitable allocation of reasonable dues, fees and
other charges among exchange members and other persons using exchange
facilities. The Exchange believes that the proposal is an equitable
allocation of reasonable fees/charges among floor members because the
fees/charges relating to floor facilities, network connectivity, power
and telecommunications are assessed only against those floor members
who choose to employ the Exchange's offering of such products/services.
In addition, the Exchange submits that the proposed fees/charges are
reasonable in connection with the Exchange's offered products/services,
and are largely expected to cover the cost to the Exchange of providing
such products/services. Accordingly, the Exchange seeks, through this
proposal, to better manage its costs for supplying member technology
and computer networks.
---------------------------------------------------------------------------
\8\ 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 proposed rule change has become effective pursuant to
section 19(b)(3)(A)(ii) of the Act,\9\ and Rule 19b-4(f)(2) \10\
thereunder, because it establishes or changes a due, fee, or other
charge imposed by the Exchange, applicable only to members. 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Amex-2007-80 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-2007-80. 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, 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 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-2007-80 and should be
submitted on or before October 9, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18269 Filed 9-17-07; 8:45 am]
BILLING CODE 8010-01-P
