[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Notices]
[Pages 20981-20983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8194]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57644; File No. SR-Amex-2008-32]


Self-Regulatory Organizations; American Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to the Allocation of Executed Options Contracts

April 10, 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 26, 2008, the American Stock Exchange LLC (``Exchange'' or 
``Amex'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been substantially prepared by the Exchange. 
The Exchange has designated this proposal as non-controversial under 
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 
thereunder,\4\ which renders the proposed rule change 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Amex proposes to modify the allocation in Exchange Rule 935-
ANTE relating to electronically executed option contracts. The text of 
the proposed rule change is available on the Amex's Web site at http://www.Amex.com, at the Office of the Secretary, the Amex 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

[[Page 20982]]

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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange seeks to revise the allocation formula set forth in 
Rule 935--ANTE (``Allocation of Executed Contracts'') when a specialist 
is on parity for option orders of five (5) contracts or less that are 
delivered and executed electronically in ANTE. Specifically, the 
proposal provides that if the specialist is quoting at the Amex best 
bid or offer (the ``ABBO''), after public customer market and 
marketable limit orders have been executed, the specialist will be 
entitled to receive the entire allocation of orders for five (5) 
contracts or less.\5\
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    \5\ See Securities Exchange Act Release Nos. 42808 (May 22, 
2000), 65 FR 34515 (May 30, 2000)(ISE Rule 713) and 50100 (July 27, 
2004), 69 FR 46612 (August 3, 2004) (Phlx Rule 1014(g)).
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    Current Rule 935--ANTE provides that if the specialist is eligible 
for an allocation, the specialist is entitled to receive an allocation 
(not to exceed the size of the specialist's quote) equal to the greater 
of either:
    (i) The number of executed contracts to be allocated to the 
specialist based upon the percentages set forth below;

------------------------------------------------------------------------
                                                            Approximate
                                                             number of
                                                             contracts
        Number of market participants* on parity           allocated to
                                                          the specialist
                                                             (percent)
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1.......................................................              60
2-4.....................................................              40
5-7.....................................................              30
8-15....................................................              25
16 or more..............................................             20
------------------------------------------------------------------------
* Not including non-broker-dealer customers.

or

    (ii) The number of executed contracts the specialist would be 
otherwise entitled to pursuant to the allocation algorithm (the 
``Allocation Algorithm'').

Allocation Algorithm

    The Allocation Algorithm provides that when more than one market 
participant is quoting at the ABBO, the ANTE System allocates executed 
contracts to non-broker-dealer customers first and then to all other 
market participants based upon the following:

((Component A Percentage + Component B Percentage)/2) * Number of 
Executed Contracts)).

     Component A (Parity Component)--the percentage used for 
Component A is an equal percentage, derived by dividing 100 by the 
number of market participants quoting at the ABBO.
     Component B (Size Pro Rata Component)--the percentage to 
be used for Component B is the percentage that the size of each market 
participant's quote or order at the ABBO represents relative to the 
total number of contracts in the disseminated quote.
    Final Weighting--A weighted average of the percentages derived for 
Components A and B is calculated, and then multiplied by the size of 
the incoming order. Currently, the weighting of Components A and B is 
equal.
    The proposed revision to Rule 935--ANTE permits the specialist to 
receive a 100% allocation after marketable non-broker-dealer customer 
orders are executed for orders of five (5) contracts or less. A 
specialist will not receive any portion of an allocation unless it is 
quoting at the ABBO at the time ANTE receives the executable order. In 
addition, the size associated with the specialist's quote must be 
sufficient to fill the portion of the order that would be allocated to 
it.
    The proposal also specifies that, on a quarterly basis, the 
Exchange will evaluate what percentage of the volume executed on the 
Exchange is comprised of orders for five (5) contracts or less executed 
by specialists, and will reduce the size of the orders included in this 
provision if such percentage is over 40%.\6\
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    \6\ Supplementary Material .01(c) to International Securities 
Exchange, LLC (``ISE'') Rule 713 excludes, for purposes of 
calculating the percentage of volume executed on the ISE consisting 
of orders of 5 contracts or less, the volume resulting from the 
execution of orders in its Facilitation Mechanism. Unlike ISE, the 
Exchange's ANTE system does not have a similar facilitation 
mechanism or platform.
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    The Exchange believes that the proposal will provide greater 
incentive for specialists to competitively quote based on both price 
and size and therefore will benefit the marketplace.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the 
Act in general and furthers the objectives of Section 6(b)(5) \8\ in 
particular in that it is designed to prevent fraudulent and 
manipulative acts and practices, promote just and equitable principles 
of trade, remove impediments to and perfect the mechanisms of a free 
and open market and a national market system, and, in general, protect 
investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has designated the proposed rule change as one that: 
(1) Does not significantly affect the protection of investors or the 
public interest; (2) does not impose any significant burden on 
competition; and (3) does not become operative for 30 days from the 
date of filing, or such shorter time as the Commission may designate if 
consistent with the protection of investors and the public interest. 
Therefore, the foregoing rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \9\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide the Commission 
with written notice of its intent to file the proposed rule change, 
along with a brief description and text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has fulfilled this requirement.
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    The Exchange notes that the proposed rule change is based on 
similar proposals approved by the Commission.\11\ The Exchange has 
asked the Commission to waive the operative delay to permit the 
proposed rule change to become operative prior to the 30th day after 
filing.
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    \11\ See supra note 5.
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    The Commission has determined that waiving the 30-day operative 
delay of the Exchange's proposal is consistent with the protection of 
investors and the

[[Page 20983]]

public interest. The Commission notes that the proposed rule change is 
substantially similar to provisions in the rules of two other 
exchanges.\12\ The Commission believes that, because the proposed rule 
change raises no new regulatory issues, it is consistent with the 
protection of investors and the public interest to permit Amex to 
implement the proposal without needless delay.\13\ Therefore, the 
Commission designates the proposal as operative upon filing.
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    \12\ See supra note 5.
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate the 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.

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 No. SR-Amex-2008-32 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-2008-32. 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 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-2008-32 and should be 
submitted on or before May 8, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-8194 Filed 4-16-08; 8:45 am]
BILLING CODE 8010-01-P