[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Notices]
[Pages 10706-10707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-877]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51269; File No. SR-Amex-2005-025]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the American Stock Exchange 
LLC Relating to Fees for Transactions in Options on the Nasdaq 100 
Index (NDX) and Mini-Nasdaq 100 Index (MNX)

February 28, 2005.
    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 February 23, 2005, 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. The 
Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) 
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders it 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify its Options Fee Schedule by 
increasing the per-contract license fee in connection with transactions 
by specialists and registered options traders (``ROTs'') in options on 
the Nasdaq 100 Index (``NDX'') and the reduced-value Nasdaq 100 Index 
(``MNX''). The text of the proposed rule change is available on Amex's 
Web site (http://www.amex.com), at the Amex'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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange has entered into numerous agreements with index 
providers for the purpose of trading index options. The requirement to 
pay an index license fee to such third parties is a condition to the 
listing and trading of these index options. In many cases, the Exchange 
is required to pay a significant licensing fee to issuers or index 
owners that may not be reimbursed. In an effort to recoup the costs 
associated with index licenses, the Exchange has previously established 
a per-contract licensing fee for specialists and ROTs that is collected 
on every transaction in designated products in which a specialist or 
ROT is a party. The licensing fees currently imposed on specialists and 
ROTs are set forth in the Exchange's Options Fee Schedule.
    The current license fee charged to specialists and ROTs trading NDX 
and MNX options is $0.10 per contract side. As a result of a recent 
change to the licensing agreement for NDX and MNX, the Exchange is now 
being charged a higher license fee. Accordingly, the Exchange now 
proposes to charge $0.15 per contract side for NDX and MNX options.
    The purpose of the proposed fee is for the Exchange to recoup its 
costs in connection with the index license fee for the trading of NDX 
and MNX options. The proposed license fee will be collected on every 
transaction in NDX or MNX options in which a specialist or ROT is a 
party. Accordingly, the Exchange believes that requiring the payment of 
a per-contract licensing fee by those specialists and ROTs that are the 
beneficiaries of the Exchange's index license agreements is justified 
and is consistent with the rules of the Exchange. The Exchange believes 
that passing the license fee (on a per-contract basis) along to the 
specialists allocated to NDX and MNX and the ROTs trading such products 
is efficient and consistent with the intent of the Exchange to pass on 
its non-reimbursed costs to those market participants that are the 
beneficiaries of such license agreements.
    The Exchange notes that it has recently increased a number of 
member fees to better align Exchange fees with the actual cost of 
delivering services and

[[Page 10707]]

reduce Exchange subsidies of such services.\5\ Implementation of this 
proposal is consistent with the reduction and/or elimination of these 
subsidies.
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    \5\ See Securities Exchange Act Release Nos. 51070 (January 21, 
2005), 70 FR 4900 (January 31, 2005) (relating to options 
transaction fees in connection with the Standard & Poor's Depository 
Receipts); 45360 (January 29, 2002), 67 FR 5626 (February 6, 2002) 
(order approving a rule change relating to a retroactive increase in 
floor, membership, and options trading fees, including licensing 
fees); and 44286 (May 9, 2001), 66 FR 27187 (May 16, 2001) (relating 
to fees imposed on members and member organizations, including 
member fees, floor fees, booth rental fees, and membership 
registration fees).
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    The Exchange submits that the proposed license fee will provide the 
Exchange with additional revenue and allow the Exchange to recoup its 
costs associated with the trading of NDX and MNX options. Furthermore, 
the Amex believes that this fee will help to allocate to those 
specialists and ROTs transacting in NDX and MNX options a fair share of 
the related costs of offering such options. Accordingly, the Exchange 
believes that the proposed fee is reasonable.
2. Statutory Basis
    The Exchange believes that the proposed fee change is consistent 
with Section 6(b) of the Act,\6\ in general, and Section 6(b)(4) of the 
Act,\7\ in particular, in that it provides for the equitable allocation 
of reasonable dues, fees, and other charges among exchange members and 
other persons using exchange facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 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

    No written comments were solicited or received by the Exchange 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 immediately pursuant 
to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2) 
thereunder,\9\ in that it establishes or changes a due, fee, or other 
charge imposed by the Exchange. 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-Amex-2005-025 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.

All submissions should refer to File Number SR-Amex-2005-025. 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. Copies of such 
filing also will be available for inspection and copying at the 
principal offices 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-2005-025 and should be submitted on or before March 
25, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(A)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-877 Filed 3-3-05; 8:45 am]
BILLING CODE 8010-01-P