[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Notices]
[Pages 12233-12234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4312]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57401; File No. SR-Amex-2008-12]


Self-Regulatory Organizations; American Stock Exchange, LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change, 
as Modified by Amendment No. 2 Thereto, Relating to the Exchange's 
Options Fee Cap Pilot Program for Dividend Strategies, Merger Spreads, 
and Short Stock Interest Spreads

February 29, 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 February 20, 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. On 
February 21, 2008, the Exchange filed Amendment No. 1 to the proposal. 
The Exchange withdrew Amendment No. 1 on February 22, 2008, and 
submitted Amendment No. 2 on February 27, 2008.\3\ Amex has designated 
this proposal as one establishing or changing a due, fee, or other 
charge imposed by the Exchange under Section 19(b)(3)(A),\4\ and Rule 
19b-4(f)(2) thereunder,\5\ which renders the proposal effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change, as modified by Amendment 
No. 2, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 2 deleted the references in the original 
filing to the retroactive application of the Fee Cap Pilot Program 
from February 1, 2008 through February 19, 2008.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Amex proposes to extend the Fee Cap Pilot Program for dividend 
strategies, merger spreads, and short stock interest spreads (the ``Fee 
Cap Program'') until February 1, 2009. The text of the proposed rule 
change is available at the Exchange, 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 proposal. 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 purpose of the proposed rule change is to extend the current 
Fee Cap Program from February 19, 2008 through February 1, 2009. The 
current Fee Cap Program expired on February 1, 2008.
    The Fee Cap Program provides that specialists, registered options 
traders, non-member market makers, firms, and member and non-member 
broker-dealers option transaction, comparison and floor brokerage fees 
are limited to an aggregate fee of $100 for all dividend strategies, 
merger spreads, and short stock interest spreads executed on the same 
trading day in the same option class.\6\ Additionally, such fees are 
also limited to $12,500 per month per initiating firm.
---------------------------------------------------------------------------

    \6\ These fees are charged only to Exchange members.
---------------------------------------------------------------------------

    To date, the Exchange believes that the current Fee Cap Program has 
been beneficial, and submits that an extension through February 1, 2009 
is warranted. The Exchange asserts that the Fee Cap Program may 
increase the trading opportunities for members and provide additional 
business opportunities for the Exchange.
    Accordingly, the proposal seeks to extend the pilot through 
February 1, 2009.
2. Statutory Basis
    The Exchange submits that the proposed fee change is consistent 
with Section 6(b)(4) of the Act \7\ regarding the equitable allocation 
of reasonable dues, fees, and other charges among exchange members and 
other persons using exchange facilities. The Exchange believes that the 
proposed extension of the current Fee Cap Program is beneficial to 
market participants by providing additional trading opportunities at an 
efficient cost.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Amex 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.

[[Page 12234]]

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 foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\9\ since 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.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ For purposes of calculating the 60-day period within which 
the Commission may summarily abrogate the proposed rule change under 
Section 19(b)(3)(C) of the Act, the Commission considers the period 
to commence on February 27, 2008, the date on which Amex filed 
Amendment No. 2. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-2008-12 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-2008-12. 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, 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 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 No. SR-Amex-2008-12 and should be 
submitted on or before March 27, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-4312 Filed 3-5-08; 8:45 am]
BILLING CODE 8011-01-P