[Federal Register Volume 72, Number 33 (Tuesday, February 20, 2007)]
[Notices]
[Pages 7779-7780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2837]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55272; File No. SR-Amex-2006-77]


Self-Regulatory Organizations; American Stock Exchange LLC; Order 
Granting Approval to Proposed Rule Change and Amendment No. 1 Thereto 
To Amend Rules 918 and 918-Ante Regarding Trading Rotations, Halts and 
Suspensions

February 12, 2007.

I. Introduction

    On August 16, 2006, the American Stock Exchange LLC (``Amex'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change to amend Amex Rules 918 and 
918-ANTE relating to trading rotations and trading halts. On December 
5, 2006, Amex filed Amendment No. 1 to the proposed rule change. The 
proposed rule change, as modified by Amendment No. 1, was published for 
comment in the Federal Register on December 29, 2006.\1\ The Commission 
received no comments regarding the proposal. This order approves the 
proposed rule change as modified by Amendment No. 1.
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    \1\ See Securities Exchange Act Release No. 54995 (December 21, 
2006), 71 FR 78474.
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II. Discussion and Commission Findings

    The Exchange proposes to amend Amex Rules 918 and 918-ANTE relating 
to trading rotations and trading halts. Specifically, Amex Rules 918(a) 
and 918-ANTE(a) currently provide that a trading rotation shall be 
employed at the opening of each business day following the opening of 
the underlying security in the primary market. Amex Rules 918(b) and 
918-ANTE(b) provide that trading on any Exchange option contract may be 
halted or suspended whenever the Exchange deems such action 
appropriate. Included in these rules is a list of factors that the 
Exchange may use to determine if a trading halt or suspension is 
warranted. Pursuant to Amex Rules 918(b)(1) and 918-ANTE(b)(1), the 
Exchange may halt or suspend trading in an option contract if the 
underlying security has been halted or suspended in the primary market. 
Similarly, the Exchange may also consider, pursuant to Amex Rules 
918(b)(2) and 918-ANTE(b)(2), halting or suspending trading in an 
option contract if the opening of such underlying stock in the primary 
market has been delayed due to unusual circumstances.
    ``Primary market'' is defined in Amex Rules 900(b)(26) and 900-
ANTE(b)(26) as (i) With respect to an underlying equity security which 
is principally traded on a national securities exchange, the principal 
exchange market in which the underlying security is traded, (ii) with 
respect to an underlying equity security which is principally traded in 
the over-the-counter market, the market reflected by Nasdaq,\2\ and 
(iii) with respect to any other type of security, the market reflected 
by any widely recognized quotation dissemination system.
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    \2\ The Commission notes that Nasdaq currently operates as a 
national securities exchange with respect to Nasdaq-listed 
securities and as a facility of the NASD with respect to non-Nasdaq 
exchange listed securities.
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    The Exchange proposes to amend Amex Rules 918(a)(1) and Amex Rule 
918-Ante(a)(1) to permit the opening rotation to begin once the 
underlying security has opened for trading in any market. In addition, 
Amex proposes to amend Amex Rule 918-Ante Commentary .01(d) to provide 
that the automated opening rotation shall begin once the opening trade 
or quote is disseminated by any market. Amex proposes to amend Amex 
Rules 918(b)(1) and 918-ANTE(b)(1) to implement trading halts and 
suspensions in any options contract if the underlying security is 
subject to a trading halt or suspension across several markets or in 
the primary listed market. Amex also proposes to amend Amex Rules 
918(b)(2) and 918-ANTE(b)(2) to institute trading halts and suspensions 
in any options contract if there is a delay in the opening of the 
underlying security across several markets or in the primary listed 
market because of unusual circumstances. Additionally, the Exchange 
proposes to amend Amex Rules 918 Commentary .01(c) and 918-ANTE 
Commentary .01(g) to permit the closing rotation to begin once the 
final price for the underlying security is established in the trading 
markets and/or the primary listed market. Finally, the Exchange 
proposes to make clarifying changes to Amex Rules 918 and 918-ANTE to 
clarify that trading rotations, halts and suspensions apply to any 
options on a stock, exchange traded fund and trust issued receipt.
    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange and, in 
particular, the requirements of Section 6(b)(5) of the Act,\3\ which 
requires, among other things, Amex's rules be 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, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system.\4\
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    \3\ 15 U.S.C. 78f(b)(5).
    \4\ In approving this proposed rule change the Commission notes 
that it has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
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    Amex represented that the analysis of which market is the ``primary 
market'' for purposes of trading rotations and halts has become 
burdensome and uncertain due to trading of underlying securities in 
multiple markets. The Commission believes that the proposed rule change 
will provide Amex with flexibility to determine when to permit opening 
and closing rotations to begin by removing the requirement that it 
analyze which market is the primary market. As proposed, Amex may

[[Page 7780]]

institute opening and closing rotations based on any market trading the 
underlying security. With regard to trading halts, however, Amex 
proposes to halt trading if multiple underlying markets have halted 
trading or if the primary listed market halted trading. The Commission 
believes that this standard is sufficient to establish when Amex should 
halt trading in its option contracts.

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\5\ that the proposed rule change (SR-Amex-2006-77), as modified by 
Amendment No. 1, be and hereby is, approved.
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\6\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-2837 Filed 2-16-07; 8:45 am]
BILLING CODE 8010-01-P