Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Elimination of the Options Marketing Fee Related to P/A Orders That Are Routed Via the Options Linkage for Execution on an Away Options Exchange, 18011-18013 [E8-6730]
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
submitted by the Connecticut Coalition
Against Millstone and Nancy Burton in
response to a January 15, 2008 Notice of
Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing (73 FR
2546, 2549). The Petition to Intervene
and Request for Hearing challenges the
request of Dominion Nuclear
Connecticut, Inc. to amend the
operating license for Millstone Power
Station, Unit No. 3 to authorize a stretch
power uprate (SPU). The requested SPU
would increase the unit’s authorized
core power level from 3,411 megawatts
thermal (MWt) to 3,650 MWt.
The Board is comprised of the
following administrative judges:
William J. Froehlich, Chair, Atomic
Safety and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; Dr. Paul
B. Abramson, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; Dr. Michael F.
Kennedy, Atomic Safety and Licensing
Board Panel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49,139). See also 73 FR
2547–2548.
Issued at Rockville, Maryland, this 27th
day of March 2008.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E8–6789 Filed 4–1–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
Weeks of March 31, April 7, 14,
21, 28, May 5, 2008.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
rmajette on PROD1PC64 with NOTICES
DATES:
Week of March 31, 2008
There are no meetings scheduled for
the Week of March 31, 2008.
Week of April 7, 2008—Tentative
Monday, April 7, 2008
9:30 a.m. Briefing on Digital
Instrumentation and Control (Public
VerDate Aug<31>2005
15:36 Apr 01, 2008
Jkt 214001
Meeting) (Contact: Steven Arndt,
301 415–6502).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Wednesday, April 7, 2008
2:30 p.m. Discussion of Management
Issues (Closed-Ex. 2).
Tuesday, April 8, 2008
10 a.m. Joint Meeting of the Federal
Energy Regulatory Commission
(FERC) and the Nuclear Regulatory
Commission (NRC) (Public
Meeting). To be held at FERC
Headquarters, 888 First Street NE.,
Washington, DC. (Contact: Michelle
Schroll, 301 415–1662).
This meeting will be webcast live at
the Web address—https://www.ferc.gov.
Week of April 14, 2008—Tentative
There are no meetings scheduled for
the Week of April 14, 2008.
Week of April 21, 2008—Tentative
There are no meetings scheduled for
the Week of April 21, 2008.
Week of April 28, 2008—Tentative
Monday, April 28, 2008
9:30 a.m. Briefing on Reactor Materials
Issues (Public Meeting) (Contact:
Ted Sullivan, 301 415–2796).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Tuesday, April 29, 2008
1:30 p.m. Meeting with Advisory
Committee on the Medical Uses of
Isotopes (Public Meeting) (Contact:
Ashley Tull, 918–488–0552).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Wednesday, April 30, 2008
9:30 a.m. Briefing on Materials
Licensing and Security (Public
Meeting) (Contact: Doug Broaddus,
301–415–8124).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m. Briefing on NRC Combined
Infrastructure (Public Meeting)
(Contact: Peter Rabideau, 301 415–
7323).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of May 5, 2008
There are no meetings scheduled for
the Week of May 5, 2008.
The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
18011
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
*
*
*
*
*
Additional Information
By a vote of 3–0 on March 25, 2008,
the Commission determined pursuant to
U.S.C. 552b(e) and § 9.107(a) of the
Commission’s rules that ‘‘Affirmation of
Motion to Quash OI Subpoena Filed by
Daryl Shapiro’’ be held March 27, 2008,
and on less than one week’s notice to
the public.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–492–2279, TDD:
301–415–2100, or by e-mail at
REB3@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: March 27, 2008.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. E8–6785 Filed 4–1–08; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57562; File No. SR–Amex–
2008–26]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change Relating to
the Elimination of the Options
Marketing Fee Related to P/A Orders
That Are Routed Via the Options
Linkage for Execution on an Away
Options Exchange
March 26, 2008.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
E:\FR\FM\02APN1.SGM
02APN1
18012
Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 19,
2008, 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. Amex has
designated this proposal as one
establishing or changing a due, fee, or
other charge imposed by 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to eliminate
the options marketing fee related to
principal acting as agent (‘‘P/A’’) orders
that are routed via the Options Linkage
for execution on an away options
exchange. The text of the proposed rule
change is available at the Exchange, the
Commission’s Public Reference Room,
and https://www.amex.com.
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. 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 Exchange proposes to eliminate
the options marketing fee related to
P/A Orders that are routed via the
Options Linkage for execution on an
away options exchange. A P/A Order is
an order for the principal account of a
specialist reflecting the terms of a
related unexecuted public customer
order for which the specialist is acting
as agent. The Exchange believes that
specialists, registered options traders
(‘‘ROTs’’), and supplemental registered
options traders (‘‘SROTs’’) should not be
subject to the options marketing fee for
P/A Orders that are executed on an
away options exchange.
The options marketing fee is collected
on those specialist, ROT, and SROT
transactions involving electronically
executed customer orders from firms
accepting payment for directing their
orders to the Exchange. The Exchange
believes that, accordingly, the purpose
of the options marketing fee is to
provide incentives for an order flow
provider to send customer order flow to
the Amex.
The Exchange states that if a
specialist, ROT or SROT has negotiated
a payment to a firm of less than the
marketing fee, the difference between
the marketing fee and the actual
payment is refunded to the specialist,
ROT and SROT. The options marketing
fee is also not charged on transactions
between and among ROTs and
specialists.
The current options marketing fee, on
a per contract side basis, is set forth
below.
Specialist and Registered
Options Trader (ROT)
Equity Options .................................................................................................
Exchange-Traded Fund Share Options (including QQQQ Options and excluding SPY Options*).
SPY Options ...................................................................................................
Trust Issued Receipt (HOLDR) Options .........................................................
Index Options (including MNX Options and excluding NDX and RUT Options).
Supplemental Registered
Options Trader (SROT)
$0.75 or $0.35 or $0.40* ....................
$0.75 or $0.35 or $0.40* ....................
0.75 or $0.35*
$0.75 or $0.35*
$1.00 or $0.40* ..................................
$0.75 or $0.35 or $0.40* ....................
No Charge ..........................................
$1.00
$0.75 or $0.35*
No Charge.
rmajette on PROD1PC64 with NOTICES
* The $0.35 options marketing fee applies to those series of Equity Options, Exchange Traded Fund Share Options, and Trust Issued Receipt
Options that quote and trade in one cent increments under the penny pilot program. The $0.40 options marketing fee applies to those series of
Equity Options, Exchange Traded Fund Share Options (including SPY Options), Trust Issued Receipt Options, and NDX and RUT Options that
are manually executed customer orders of 1,000 contracts or greater.
The Exchange states that the purpose
of this proposal is to eliminate the
options marketing fees for specialists,
ROTs, and SROTs in those cases where
an underlying customer order through a
P/A Order is routed to an away
exchange as required by the Options
Linkage Plan and the related rules of the
Exchange. In such an instance, the
Exchange believes that the purpose for
imposing the options marketing fee does
not exist.
The Exchange believes that this
proposal to eliminate the options
marketing fee for P/A Orders that are
routed via the Options Linkage to an
away options exchange for execution is
necessary so that specialists, ROTs, and
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Aug<31>2005
15:36 Apr 01, 2008
SROTs are not paying an options
marketing fee for orders that are not
executed on the Exchange.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act 5 in general, and
Section 6(b)(4) of the Act 6 in particular,
in that it is designed to provide for an
equitable allocation of reasonable dues,
fees, and other charges among its
members and issuers and other persons
using exchange facilities.
3 15
4 17
Jkt 214001
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
Frm 00065
Fmt 4703
Sfmt 4703
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.
5 15
6 15
E:\FR\FM\02APN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
02APN1
Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / 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 7 and Rule 19b–4(f)(2) 8 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.
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:
rmajette on PROD1PC64 with NOTICES
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–2008–26 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–2008–26. 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
7 15
8 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
15:36 Apr 01, 2008
Jkt 214001
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–Amex–2008–26 and should
be submitted on or before April 23,
2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–6730 Filed 4–1–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57566; File No. SR–BSE–
2008–20]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to the
Implementation of Phase II of the
Penny Pilot Program
March 26, 2008.
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 March 25,
2008, 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, II, and
III below, which Items have been
substantially prepared by the BSE. The
Exchange has designated this proposal
as one constituting a stated policy,
practice, or interpretation with respect
to the meaning, administration, or
enforcement of an existing rule under
Section 19(b)(3)(A)(i) of the Act 3 and
Rule 19b–4(f)(1) thereunder,4 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(i).
4 17 CFR 240.19b–4(f)(1).
1 15
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
18013
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 amend
Section 33 (Penny Pilot Program) of
Chapter V of the Rules of the Boston
Options Exchange (‘‘BOX’’). The
proposed rule change will allow the
Exchange to implement the second
phase (‘‘Phase II’’) of a Commissionapproved expansion of the Penny Pilot
Program.5 The proposed rule change
will also allow the Exchange to remove
the current listing of the classes (‘‘Penny
Classes’’) included in the Penny Pilot
Program from Section 33, and will
permit the Exchange to notify
Participants of the classes included in
the Penny Pilot Program via Regulatory
Circular.
The text of the proposed rule change
and the Regulatory Circular are
available on the Exchange’s Web site
(https://www.bostonstock.com ), at the
BSE’s principal office, 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
BSE 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 Penny Pilot Program began on
January 26, 2007 and allowed for the
trading of a limited number of option
classes in penny increments.6 A
5 See Securities Exchange Act Release No. 56566
(September 27, 2007), 72 FR 56400 (October 3,
2007) (SR–BSE–2007–40) (‘‘Approval Order’’).
6 See Securities Exchange Act Release No. 55155
(January 23, 2007) 72 FR 4741 (February 1, 2007)
(SR–BSE–2006–49) (‘‘Original Pilot Approval
Order’’). The thirteen (13) option classes originally
included in the Pilot were: iShares Russell 2000
(IWM), NASDAQ–100 Index Tracking Stock
(QQQQ), SemiConductor Holders Trust (SMH),
General Electric Company (GE), Advanced Micro
Devices, Inc. (AMD), Microsoft Corporation (MSFT),
Intel Corporation (INTC), Caterpillar, Inc. (CAT),
Continued
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 18011-18013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6730]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57562; File No. SR-Amex-2008-26]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Elimination of the Options Marketing Fee Related to P/A
Orders That Are Routed Via the Options Linkage for Execution on an Away
Options Exchange
March 26, 2008.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
[[Page 18012]]
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 19, 2008, 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. Amex has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by 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.
---------------------------------------------------------------------------
\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 eliminate the options marketing fee
related to principal acting as agent (``P/A'') orders that are routed
via the Options Linkage for execution on an away options exchange. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and https://www.amex.com.
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. 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 Exchange proposes to eliminate the options marketing fee
related to P/A Orders that are routed via the Options Linkage for
execution on an away options exchange. A P/A Order is an order for the
principal account of a specialist reflecting the terms of a related
unexecuted public customer order for which the specialist is acting as
agent. The Exchange believes that specialists, registered options
traders (``ROTs''), and supplemental registered options traders
(``SROTs'') should not be subject to the options marketing fee for P/A
Orders that are executed on an away options exchange.
The options marketing fee is collected on those specialist, ROT,
and SROT transactions involving electronically executed customer orders
from firms accepting payment for directing their orders to the
Exchange. The Exchange believes that, accordingly, the purpose of the
options marketing fee is to provide incentives for an order flow
provider to send customer order flow to the Amex.
The Exchange states that if a specialist, ROT or SROT has
negotiated a payment to a firm of less than the marketing fee, the
difference between the marketing fee and the actual payment is refunded
to the specialist, ROT and SROT. The options marketing fee is also not
charged on transactions between and among ROTs and specialists.
The current options marketing fee, on a per contract side basis, is
set forth below.
----------------------------------------------------------------------------------------------------------------
Specialist and Registered Supplemental Registered Options Trader
Options Trader (ROT) (SROT)
----------------------------------------------------------------------------------------------------------------
Equity Options......................... $0.75 or $0.35 or $0.40*.. 0.75 or $0.35*
Exchange-Traded Fund Share Options $0.75 or $0.35 or $0.40*.. $0.75 or $0.35*
(including QQQQ Options and excluding
SPY Options*).
SPY Options............................ $1.00 or $0.40*........... $1.00
Trust Issued Receipt (HOLDR) Options... $0.75 or $0.35 or $0.40*.. $0.75 or $0.35*
Index Options (including MNX Options No Charge................. No Charge.
and excluding NDX and RUT Options).
----------------------------------------------------------------------------------------------------------------
* The $0.35 options marketing fee applies to those series of Equity Options, Exchange Traded Fund Share Options,
and Trust Issued Receipt Options that quote and trade in one cent increments under the penny pilot program.
The $0.40 options marketing fee applies to those series of Equity Options, Exchange Traded Fund Share Options
(including SPY Options), Trust Issued Receipt Options, and NDX and RUT Options that are manually executed
customer orders of 1,000 contracts or greater.
The Exchange states that the purpose of this proposal is to
eliminate the options marketing fees for specialists, ROTs, and SROTs
in those cases where an underlying customer order through a P/A Order
is routed to an away exchange as required by the Options Linkage Plan
and the related rules of the Exchange. In such an instance, the
Exchange believes that the purpose for imposing the options marketing
fee does not exist.
The Exchange believes that this proposal to eliminate the options
marketing fee for P/A Orders that are routed via the Options Linkage to
an away options exchange for execution is necessary so that
specialists, ROTs, and SROTs are not paying an options marketing fee
for orders that are not executed on the Exchange.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and Section 6(b)(4) of the
Act \6\ in particular, in that it is designed to provide for an
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using exchange facilities.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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.
[[Page 18013]]
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 \7\ and Rule 19b-
4(f)(2) \8\ 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.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(ii).
\8\ 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-2008-26 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-2008-26. 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2008-26 and should be
submitted on or before April 23, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-6730 Filed 4-1-08; 8:45 am]
BILLING CODE 8011-01-P
