Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Roll-Out of the Amex Book Clerk Program, 26452-26453 [E8-10340]
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Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Notices
Manufacturing Technologies, Inc.
because it has not filed any periodic
reports since the period ended
December 31, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Natural
Solutions Corp. because it has not filed
any periodic reports since the period
ended January 31, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Natural
Wonders, Inc. because it has not filed
any periodic reports since the period
ended October 28, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Net Nanny
Software International, Inc. because it
has not filed any periodic reports since
the period ended June 30, 2001.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Netcentives,
Inc. because it has not filed any periodic
reports since the period ended June 30,
2001.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of
Netcruise.com, Inc. because it has not
filed any periodic reports since the
period ended September 30, 2000.
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
companies.
Therefore, it is ordered, pursuant to
section 12(k) of the Securities Exchange
Act of 1934, that trading in the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on May 6,
2008, through 11:59 p.m. EDT on May
19, 2008.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 08–1242 Filed 5–7–08; 10:47 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57770; File No. SR–Amex–
2008–37]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Extending
the Roll-Out of the Amex Book Clerk
Program
May 2, 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 May 1,
2008, the American Stock Exchange LLC
(‘‘Exchange’’ or ‘‘Amex’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been
substantially prepared by the Exchange.
The Exchange has designated this
proposal as non-controversial under
section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder,4 which
renders the proposed rule change
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 seeks to extend the
implementation period of the Amex
Book Clerk (‘‘ABC’’) program from May
2, 2008 through December 31, 2008. The
text of the proposed rule change is
available on the Exchange’s Web site
(https://www.amex.com), at the
Exchange’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
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).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Commission recently approved
the Exchange’s proposed rule change (1)
to eliminate the obligation and ability of
an Exchange options specialist to act as
an agent in connection with orders in
his or her assigned options classes; and
(2) to amend certain Exchange rules
relating to the operation of the ABC
program.5
Exchange Rule 995–ANTE originally
provided that the roll-out of the ABC
Proposal would occur over a six-month
period ending on May 1, 2008. The
Exchange herein proposes an extension
of the roll-out period commencing on
May 2, 2008 and ending on December
31, 2008. The Exchange submits that
complexities associated with a proposed
transaction with NYSE Euronext, Inc.
have caused a delay in the original ABC
Proposal roll-out schedule. The
Exchange believes that an extension of
the roll-out of the ABC Proposal through
December 31, 2008 will allow the
Exchange to complete the
implementation and roll-out of the ABC
Proposal in a reasonable and measured
manner.
As set forth in the ABC Proposal and
the Exchange’s Regulatory Circular
2008–03 (January 23, 2008), during the
roll-out period, options specialists who
continue to operate the customer limit
order book will continue to be subject
to the same agency obligations as are
currently provided under Amex Rules
950–ANTE(l) and 958–ANTE(e).
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) 6 of the Act in general and
section 6(b)(5) 7 in particular in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, and
processing of information with respect
to facilitating transactions in securities,
to remove impediments to and perfect
the mechanisms of a free and open
market and a national market system,
and, in general, to protect investors and
the public interest. Additionally, the
proposed rule change is not designed to
5 See Securities Exchange Act Release No. 56804
(November 16, 2007), 72 FR 66002 (November 26,
2007) (SR–Amex–2006–107) (‘‘ABC Proposal’’).
6 15 U.S.C. 78f.
7 15 U.S.C. 78f(b)(5).
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09MYN1
Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Notices
permit unfair discrimination between
customers, issuers, brokers and dealers.
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
jlentini on PROD1PC65 with NOTICES
The Exchange has designated the
proposed rule change as one that: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) does not become operative for 30
days from the date of filing, or such
shorter time as the Commission may
designate if consistent with the
protection of investors and the public
interest.8 Therefore, the foregoing rule
change has become effective pursuant to
section 19(b)(3)(A) of the Act 9 and
subparagraph (f)(6) of Rule 19b–4
thereunder.10 The Exchange has asked
the Commission to waive the operative
delay to permit the extension of the
implementation period of the ABC
program to become operative prior to
the 30th day after filing, in order to
allow the implementation period to
continue without interruption.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest and
will allow the Exchange to extend the
roll-out of the ABC program, which
expired on May 1, 2008, without
interruption.11 Therefore, the
Commission designates the proposal
operative upon filing.
8 In addition, Rule 19b–4(f)(6)(iii) requires a selfregulatory organization to provide the Commission
with written notice of its intent to file the proposed
rule change, along with a brief description and text
of the proposed rule change, at least five business
days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. 17 CFR 240.19b–4(f)(6)(iii). The
Exchange has fulfilled this requirement.
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
11 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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26453
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
the 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.
submissions should refer to File
Number SR–Amex–2008–37 and should
be submitted on or before May 30, 2008.
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:
BILLING CODE 8010–01–P
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
No. SR–Amex–2008–37 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–2008–37. 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 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, 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
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–10340 Filed 5–8–08; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57775; File No. SR–FINRA–
2007–035]
Self-Regulatory Organizations:
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Order Granting Accelerated Approval
of Proposed Rule Change and
Amendment No. 1 Relating to Options
Supervision Requirements
May 5, 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 December
18, 2007, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) (f/k/a
National Association of Securities
Dealers, Inc. (‘‘NASD’’)) filed with the
Securities and Exchange Commission
(‘‘Commission’’) and amended on April
17, 2008 3 the proposed rule change as
described in Items I and II below, which
Items have been substantially prepared
by FINRA. This order provides notice of
the proposed rule change as modified by
Amendment No. 1 and approves the
proposed rule change as amended on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is proposing to amend NASD
Rule 1022 (Categories of Principal
Registration), NASD Rule 2220 (Options
Communications with the Public) and
NASD Rule 2860 (Options) to eliminate
the requirement for separate
designations of Senior Registered
Options Principal (‘‘SROP’’) and
Compliance Registered Options
Principal (‘‘CROP’’) and require a
member to integrate the responsibility
for supervision of its public customer
options business into its overall
supervisory and compliance program.
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Amendment No. 1 to SR–FINRA–2007–035
replaced and superseded the original rule filing
filed on December 18, 2007.
1 15
E:\FR\FM\09MYN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Notices]
[Pages 26452-26453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10340]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57770; File No. SR-Amex-2008-37]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Roll-Out of the Amex Book Clerk Program
May 2, 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 May 1, 2008, the American Stock Exchange LLC (``Exchange'' or
``Amex'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated this proposal as non-controversial under
section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change 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)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange seeks to extend the implementation period of the Amex
Book Clerk (``ABC'') program from May 2, 2008 through December 31,
2008. The text of the proposed rule change is available on the
Exchange's Web site (https://www.amex.com), at the Exchange'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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Commission recently approved the Exchange's proposed rule
change (1) to eliminate the obligation and ability of an Exchange
options specialist to act as an agent in connection with orders in his
or her assigned options classes; and (2) to amend certain Exchange
rules relating to the operation of the ABC program.\5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 56804 (November 16,
2007), 72 FR 66002 (November 26, 2007) (SR-Amex-2006-107) (``ABC
Proposal'').
---------------------------------------------------------------------------
Exchange Rule 995-ANTE originally provided that the roll-out of the
ABC Proposal would occur over a six-month period ending on May 1, 2008.
The Exchange herein proposes an extension of the roll-out period
commencing on May 2, 2008 and ending on December 31, 2008. The Exchange
submits that complexities associated with a proposed transaction with
NYSE Euronext, Inc. have caused a delay in the original ABC Proposal
roll-out schedule. The Exchange believes that an extension of the roll-
out of the ABC Proposal through December 31, 2008 will allow the
Exchange to complete the implementation and roll-out of the ABC
Proposal in a reasonable and measured manner.
As set forth in the ABC Proposal and the Exchange's Regulatory
Circular 2008-03 (January 23, 2008), during the roll-out period,
options specialists who continue to operate the customer limit order
book will continue to be subject to the same agency obligations as are
currently provided under Amex Rules 950-ANTE(l) and 958-ANTE(e).
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with section 6(b) \6\ of the Act in general and section 6(b)(5) \7\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, and processing of
information with respect to facilitating transactions in securities, to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. Additionally, the proposed rule
change is not designed to
[[Page 26453]]
permit unfair discrimination between customers, issuers, brokers and
dealers.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.\8\
Therefore, the foregoing rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \9\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\10\ The Exchange has asked the Commission to waive the
operative delay to permit the extension of the implementation period of
the ABC program to become operative prior to the 30th day after filing,
in order to allow the implementation period to continue without
interruption.
---------------------------------------------------------------------------
\8\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to provide the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. 17 CFR
240.19b-4(f)(6)(iii). The Exchange has fulfilled this requirement.
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest and
will allow the Exchange to extend the roll-out of the ABC program,
which expired on May 1, 2008, without interruption.\11\ Therefore, the
Commission designates the proposal operative upon filing.
---------------------------------------------------------------------------
\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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:
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 No. SR-Amex-2008-37 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-2008-37. 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 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, 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-2008-37 and should be submitted on
or before May 30, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-10340 Filed 5-8-08; 8:45 am]
BILLING CODE 8010-01-P
