[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Notices]
[Page 10835-10837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-108]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57373; File No. SR-Amex-2008-09]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change, and Amendment No. 1 Thereto,
Relating to Options Linkage Fees
February 22, 2008.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 8, 2008, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in
[[Page 10836]]
Items I, II, and III below, which Items have been substantially
prepared by Amex. On February 19, 2008, Amex submitted Amendment No. 1
to the proposed rule change. The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, from
interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Amex proposes to clarify the application of options transaction
fees for trades executed through the intermarket options linkage (the
``Options Linkage'') on the Exchange. The text of the proposed rule
change is available at Amex, the Commission's Public Reference Room,
and http://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, 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. Amex has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Amex proposes to clarify the application of options transaction
fees for trades executed through the Options Linkage on the Exchange.
Currently, the Amex Options Fee Schedule (the ``Options Fee Schedule'')
provides that, under the Linkage Fee Pilot Program that is effective
through July 31, 2008, the fees applicable to specialists, registered
options traders, and market maker apply to members of other options
exchanges (``Non-Member Market Makers'') executing Linkage transactions
except for Satisfaction Orders. As a result, the fees for Principal
Orders (``P Orders'') and Principal Acting As Agent Orders (``P/A
Orders'') (collectively, ``Linkage Orders'') submitted through the
Options Linkage are: (i) $0.10 per contract side options transaction
fee for equity options, exchange traded fund share (``ETF'') options,
QQQQ options and trust issued receipt options; (ii) $0.21 per contract
side options transaction fee for index options (including MNX and NDX
options); (iii) $0.05 per contract side options comparison fee; (iv)
$0.05 per contract side options floor brokerage fee; and (v) an options
licensing fee for certain ETF and index option products ranging from
$0.15 per contract side to $0.05 per contract side depending on the
particular ETF or index option.\3\
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\3\ See Options Fee Schedule section of the Amex Price List
available at http://www.amex.com. See also Securities Exchange Act
Release No. 56102 (July 19, 2007), 72 FR 40908 (July 25, 2007) (SR-
Amex-2007-64).
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However, the Options Fee Schedule also provides that broker-dealer
orders that are automatically executed on the Exchange are subject to
Broker-Dealer Auto-Ex Fees (``BD Auto-Ex Fee'') that include: (i) $0.50
per contract side options transaction fee for equity options, ETF
options, QQQQ options and trust issued receipt options; (ii) $0.05 per
contract side options comparison fee; and (iii) $0.05 per contract side
options floor brokerage fee.\4\ Broker-dealer orders that are subject
to the BD Auto-Ex Fee include specialist orders, registered options
trader orders, Non-Member Market Maker orders, and orders for the
account of registered broker-dealers. The Exchange charges this fee to
member firms through customary monthly billing. The BD Auto-Ex Fee was
implemented prior to the introduction and roll-out of the Options
Linkage which commenced on January 31, 2003 in two phases. The entire
roll-out of the Options Linkage was completed by July 2003.
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\4\ See Securities Exchange Act Release No. 47216 (January 17,
2003), 68 FR 5059 (January 31, 2003) (SR-Amex-2002-114).
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The Exchange in this proposal seeks to clarify the Options Fee
Schedule to make clear that automatically executed Linkage Orders will
be charged the BD Auto-Ex Fee that includes: (i) $0.50 per contract
side options transaction fee; (ii) $0.05 per contract side options
comparison fee; and (iii) $0.05 per contract side options floor
brokerage fee. Accordingly, the total transaction fee would be $0.60
per contract side. In contrast to the initial period of time when the
Options Linkage was introduced, most Linkage Orders on the Exchange are
automatically executed via the ANTE platform. The Exchange acknowledges
that the current Options Fee Schedule does not clearly reflect the fact
that for automatically executed Linkage Orders, the BD Auto-Ex Fee
would apply. However, a specialist or registered options trader on the
Exchange would be subject to the BD Auto-Ex Fee in those circumstances
that such specialist or registered options trader submitted an order
electronically through order-entry lines, such as CMS and/or FIX, for
automatic execution.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act \5\ in general and Section
6(b)(4) \6\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
submits that the proposal clarifies that automatically executed orders
in ANTE, whether Linkage Orders or non-Linkage Orders on the behalf of
broker-dealers, are subject to the BD Auto-Ex Fee set forth in the
Options Fee Schedule. Accordingly, the Exchange asserts that the
proposed clarification relating to Options Linkage Order transaction
charges is an equitable allocation of reasonable fees among Exchange
members.
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\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(4).
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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
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
A. By order approve such proposed rule change, or
B. Institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
[[Page 10837]]
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-Amex-2008-09 on the subject line.
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-2008-09. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 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-2008-09 and should be submitted on or before March 20, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-3735 Filed 2-27-08; 8:45 am]
BILLING CODE 8011-01-P