[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Notices]
[Pages 16079-16080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6125]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57531; File No. SR-Amex-2008-24]


Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to Additional Options Classes in the Options Penny Quoting 
Pilot Program

March 19, 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 March 17, 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 substantially prepared by the 
Amex. The Exchange has designated this proposal as one constituting a 
stated policy, practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule under Section 
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which 
renders the proposal 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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Amex proposes to identify the additional options classes that will 
be subject to the current pilot program for the quoting of options 
classes in pennies (the ``Penny Quoting Pilot Program'' or ``Pilot 
Program'').
    The text of the proposed rule change is available on the Exchange's 
Web site (http://www.amex.com), at the Amex's Office of the Secretary, 
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 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. The 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 identify for market participants the 
additional options classes that will be included in the current Penny 
Quoting Pilot Program.\5\ The Exchange believes that this proposal is 
necessary in order to adequately notify market participants regarding 
the upcoming addition of options classes that will be included in the 
current Pilot Program.
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    \5\ See Securities Exchange Act Release Nos. 55162 (January 24, 
2007), 72 FR 4738 (February 1, 2007) (SR-Amex-2006-106); 56159 (July 
27, 2007), 72 FR 43300 (August 3, 2007) (SR-Amex-2007-76); and 56567 
(September 27, 2007), 72 FR 56396 (October 3, 2007) (SR-Amex-2007-
96) (the ``September 2007 Order'').
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    The current Penny Quoting Pilot Program includes thirty-five (35) 
options classes. As set forth in the September 2007 Order, the 
expansion of the Pilot Program is to occur in two (2) phases. Under the 
first phase, which began on September 28, 2007, the Exchange expanded 
the Pilot Program to include an additional twenty-two (22) options 
classes. These consisted of the most actively-traded options classes 
(excluding Google (GOOG), Nasdaq-100 Index (NDX) and the Russell 2000 
Index (RUT)). The thirty-five (35) current options classes included in 
the Penny Quoting Pilot Program represent approximately 35% of total 
industry options volume.
    The second phase, which is scheduled to commence on March 28, 2008, 
will add twenty-eight (28) additional option classes. The Commission in 
the September 2007 Order previously approved this expansion of twenty-
eight additional options classes, however, at that time, the actual 
identity of the options classes to be included in the Pilot Program was 
undecided. Accordingly, the instant proposal identifies these twenty-
eight (28) additional options classes for phase two of the Pilot 
Program. Attached as Exhibit 2 to the filing is a draft Regulatory 
Circular setting forth the list of additional options classes to be 
included in the Pilot Program. The Pilot Program will then consist of 
sixty-three (63) options classes representing approximately 50% of 
total industry options volume.
    The current Penny Quoting Pilot Program will terminate, unless 
extended, on March 27, 2009.
    The Exchange continues to believe that the additional options 
classes that may quote in pennies under the Pilot Program is reasonable 
given the system capacity constraints and quote mitigation strategies 
in place at the Amex as well as the other options exchanges.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act 
\6\ in general and furthers the objectives of 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 remove impediments to and perfect the mechanism 
of a free and open market and a national market system, and, in 
general, to protect investors and the public interest. The Exchange 
believes that the identity of the additional options classes in this 
filing will provide market participants

[[Page 16080]]

adequate notification of future changes to the Pilot Program.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change will impose no 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 proposed rule change has become effective pursuant to Section 
19(b)(3)(A)(i) of the Act \8\ and Rule 19b-4(f)(1) thereunder,\9\ 
because it constitutes a stated policy, practice, or interpretation 
with respect to the meaning, administration, or enforcement of an 
existing rule of the Amex.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(i).
    \9\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the 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 furtherance of the purposes of the Act.\10\
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    \10\ See 15 U.S.C. 78s(b)(3)(C).
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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-2008-24 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-2008-24. 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 the filing also 
will be available for inspection and copying at the principal office of 
the 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-2008-24 and should be submitted on or before April 16, 2008. 

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6125 Filed 3-25-08; 8:45 am]
BILLING CODE 8011-01-P