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18122 Federal Register / Vol. 71, No.

68 / Monday, April 10, 2006 / Notices

more efficiently, please use only one to submit written statements for the SECURITIES AND EXCHANGE
method. The Commission will post all meeting. COMMISSION
comments on the Commission’s Internet
DATES: Written statements should be [Release No. 34–53588; File No. SR–Amex–
Web site (http://www.sec.gov/rules/
received on or before April 16, 2006. 2006–28]
sro.shtml). Copies of the submission, all
subsequent amendments, all written ADDRESSES: Written statements may be Self-Regulatory Organizations;
statements with respect to the ORSA submitted by any of the following American Stock Exchange LLC; Notice
Plan that are filed with the Commission, methods: of Filing and Immediate Effectiveness
and all written communications relating of Proposed Rule Change To Adopt
to the ORSA Plan between the Electronic Statements Rules and Procedures Governing the
Commission and any person, other than Execution of Complex Orders
those that may be withheld from the • Use the Commission’s Internet
submission form (http://www.sec.gov/ Involving Options and Securities
public in accordance with the Futures
provisions of 5 U.S.C. 552, will be info/smallbus/acspc.shtml); or
available for inspection and copying in • Send an e-mail message to rule- April 3, 2006.
the Commission’s Public Reference comments@sec.gov. Please include File Pursuant to Section 19(b)(1) of the
Room. Copies of such filing also will be Number 265–23 on the subject line; or Securities Exchange Act of 1934
available for inspection and copying at (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
the principal offices of the Exchanges. Paper Statements notice is hereby given that on March 24,
All comments received will be posted • Send paper statements in triplicate 2006, the American Stock Exchange LLC
without change; the Commission does (‘‘Amex’’ or ‘‘Exchange’’) filed with the
to Nancy M. Morris, Committee
not edit personal identifying Securities and Exchange Commission
Management Officer, Securities and
information from submissions. You (‘‘Commission’’) the proposed rule
Exchange Commission, 100 F Street,
should submit only information that change as described in Items I and II
NE., Washington, DC 20549–1090. below, which Items have been prepared
you wish to make available publicly. All
submissions should refer to File All submissions should refer to File No. by the Amex. The Exchange has filed
Number 4–516 and should be submitted 265–23. This file number should be the proposal as a ‘‘non-controversial’’
on or before May 1, 2006. included on the subject line if e-mail is rule change pursuant to Section
By the Commission. used. To help us process and review 19(b)(3)(A) of the Act 3 and Rule 19b–
your statement more efficiently, please 4(f)(6) thereunder,4 which renders it
Nancy M. Morris,
use only one method. The Commission effective upon filing with the
Secretary.
staff will post all statements on the Commission. The Commission is
[FR Doc. E6–5147 Filed 4–7–06; 8:45 am] publishing this notice to solicit
Advisory Committee’s Web site (http://
BILLING CODE 8010–01–P comments on the proposed rule change
www.sec.gov./info/smallbus/
acspc.shtml). from interested persons.
SECURITIES AND EXCHANGE Statements also will be available for I. Self-Regulatory Organization’s
COMMISSION public inspection and copying in the Statement of the Terms of Substance of
Commission’s Public Reference Room, the Proposed Rule Change
[Release Nos. 33–8674; 34–53595, File No. 100 F Street, NE., Room 1580, The Exchange seeks to adopt rules
265–23] Washington, DC 20549. All statements governing the execution of complex
received will be posted without change; orders 5 involving stock-option orders
Advisory Committee on Smaller Public we do not edit personal identifying and security future-option orders, and to
Companies information from submissions. You adopt definitions of additional types of
AGENCY: Securities and Exchange should submit only information that complex orders. Below is the text of the
Commission. you wish to make available publicly. proposed rule change. Proposed new
language is in italics; proposed
ACTION: Notice of meeting of SEC FOR FURTHER INFORMATION CONTACT:
deletions are in [brackets].
Advisory Committee on Smaller Public Kevin M. O’Neill, Special Counsel, at
Companies. (202) 551–3260, Office of Small Rule 900—ANTE
Business Policy, Division of Corporation Applicability, Definitions and
The Securities and Exchange Finance, Securities and Exchange
Commission Advisory Committee on References
Commission, 100 F Street, NE.,
Smaller Public Companies is providing Washington, DC 20549–3628. (a) Applicability—The Exchange’s
notice that it will hold a public meeting new trading system (known as the
on Thursday, April 20, 2006, in Multi- SUPPLEMENTARY INFORMATION: In ANTE System or ANTE) will be rolled-
Purpose Room L006 of the accordance with Section 10(a) of the out over a period of time (approximately
Commission’s headquarters, 100 F Federal Advisory Committee Act, 5 eighteen months) on a specialist post-
Street, NE., Washington, DC 20549, U.S.C.–App. 1, § 10(a), and the by-specialist post basis. The roll-out
beginning at 10 a.m., EDT. The meeting regulations thereunder, Gerald J. began on May 25, 2004 and will
will be audio Webcast on the Laporte, Designated Federal Officer of continue until June 30, 2006 at which
Commission’s Web site at http:// the Committee, has ordered publication
www.sec.gov. of this notice. 1 15 U.S.C. 78s(b)(1).
The agenda for the meeting includes Dated: April 4, 2006.
2 17 CFR 240.19b–4.
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3 15 U.S.C. 78s(b)(3)(A).
adoption of the Advisory Committee’s
Nancy M. Morris, 4 17 CFR 240.19b–4(f)(6).
Final Report to the Commission. The 5 Complex orders include those orders which are
Advisory Committee may also discuss Committee Management Officer.
defined in 950—ANTE(e)(i)–(iii) and 950—
written statements received and other [FR Doc. E6–5182 Filed 4–7–06; 8:45 am] ANTE(e)(vii), and proposed 950—ANTE(e)(viii)–
matters of concern. The public is invited BILLING CODE 8010–01–P (xii).

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Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Notices 18123

time all equity and index option classes (b) thereof, shall apply to Exchange (2) Security Future-Option Order—A
traded by the Exchange will be on the option transactions and the following security future-option order is an order
ANTE System. Therefore, during the additional commentary shall also apply: to buy or sell a stated number of units
roll-out period, while the Exchange has Commentary * * * of a single stock future or a security
option classes trading on both systems, .01 When a member holding a convertible into a security future
current rules (as they are amended from spread order, a straddle order, ratio (‘‘convertible security future’’) coupled
time to time) will apply to those option order, [or] a combination order, a stock- with either (a) the purchase or sale of
classes continuing to trade on its current option order, or a security future-option option contract(s) on the opposite side
system while the following ANTE rules order and bidding or offering on the of the market representing either the
will apply to those option classes basis of a total credit or debit for the same number of the underlying for the
trading on the new trading system. Once order has determined that the order may security future or convertible security
the roll-out of ANTE is complete, the not be executed by a combination of future, or the number of units of the
amendments to the Exchange’s options transactions with or within the bids and underlying for the security future or
rules reflecting the implementation of offers established in the marketplace, convertible security future necessary to
ANTE set forth below will replace, then the order may be executed as a create a delta neutral position; or (b) the
where applicable, the corresponding spread, straddle, ratio, [or] combination, purchase or sale of an equal number of
provisions in Rules 900 through 958A. stock-option, or security future-option put and call option contracts, each
The following Trading of Option order at the total credit or debit with having the same exercise price,
Contracts Rules shall apply to the one other member without giving expiration date, and each representing
trading of option contracts on the ANTE priority to either bids or offers the same number of underlying for the
System: 901, 902, 903, 904, 905, 906, established in the marketplace that are security future or the convertible
907, 908, 909, 915, 916, 917, 920, 921, not better than the bids or offers security future, as and on the opposite
922, 923, 924, 925, 926, 927, 928, 930, comprising such total credit or debit, side of the market from, the stock
932, 940, 942, 943, 944, 952, [953,] 954, provided that, (i) in executing a spread underlying for the security future or
956, 957, 959, 960, 961, 962, 963, 964, order, the member does not buy at the convertible security future portion of the
965, 966, 967, 970, 971, 972, 980, 981, established bid for the option contract to order.
982, 990, 991, and 992. In addition, the be bought and sell at the established (ix) Strangle Order—A strangle order
following Trading of Option Contract offer for the option contract to be sold is an order to buy (sell) a number of call
Rules, which have been amended to or, (ii) in executing a straddle or option contracts and the same number
reflect usage in the ANTE System, shall combination order, the member does not of put option contracts in the same
apply to the trading of options contracts either buy both sides of the order at the underlying security, which contracts
on the ANTE System. Moreover, the established bids or sell both sides of the have the same expiration date (e.g., an
Rules in this Chapter (Trading of order at the established offers. Stock- order to buy two XYZ June 35 calls and
Options Contracts) shall be applicable to option orders and security future-option to buy two XYZ June 40 puts).
(i) the trading on and through the orders have priority over bids or offers (x) Butterfly Spread Order—A
facilities of the Exchange of option of the trading crowd but not over bids butterfly spread order is an order
contracts issued by the Options Clearing or offers of public customers in the limit involving three series of either put or
Corporation and the terms and order book. call options all having the same
conditions thereof; and (ii) the exercise .02–.07 No change. underlying security and time of
and settlement, the handling of orders, (e) The types of orders specified in expiration and, based on the same
and the conduct of accounts and other Rule 131 and the following additional current underlying value, where the
matters, relating to option contracts types of orders shall be applicable to interval between the exercise price of
dealt in by any member or member Exchange option transactions: each series is equal, which orders are
organization. Except to the extent that (i)–(vii) No change. structured as either (i) a ‘‘long butterfly
specific Rules in this Chapter govern, or (viii) Combination Orders with Non- spread’’ in which two short options in
unless the context otherwise requires, Equity Options Legs—One or more legs the same series offset by one long option
the provisions of the Constitution and of of an order may be to purchase or sell with a higher exercise price and one
all other Rules and policies of the Board a stated number of units of another long option with a lower exercise price
of Governors shall be applicable to the security. or (ii) a ‘‘short butterfly spread’’ in
trading on the Exchange of option (1) Stock-Option Order—A stock- which two long options in the same
contracts. Pursuant to the provisions of option order is an order to buy or sell series are offset by one short option with
Article I, Section 3(i) of the a stated number of units of an a higher exercise price and one short
Constitution, option contracts (as underlying or related security coupled option with a lower exercise price.
defined below) are included within the with either (a) the purchase or sale of (xi) Box/Roll Spread Order: Box
definition of ‘‘security’’ or ‘‘securities’’ option contract(s) on the opposite side spread means an aggregation of
as such terms are used in the of the market representing either the positions in a long call option and short
Constitution and the Rules of the same number of units of the underlying put option with the same exercise price
Exchange. or related security or the number of (‘‘buy side’’) coupled with a long put
(b)–(d) No change. units of the underlying security option and short call option with the
Commentary * * * necessary to create a delta neutral same exercise price (‘‘sell side’’) all of
.01 No change. position; or (b) the purchase or sale of which have the same aggregate current
* * * * * an equal number of put and call option underlying value, and are structured as
Rule 950—ANTE contracts, each having the same either: A) a ‘‘long box spread’’ in which
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exercise price, expiration date, and each the sell side exercise price exceeds the
Rules of General Applicability representing the same number of units buy side exercise price or B) a ‘‘short
(a)–(c) No change. of stock, as and on the opposite side of box spread’’ in which the buy side
(d) The provisions of Rule 126, with the market from, the underlying or exercise price exceeds the sell side
the exception of subparagraphs (a) and related security portion of the order. exercise price.

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18124 Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Notices

(xii) Collar and Risk Reversal inconsistent with just and equitable offers of public customers in the limit
Orders—A collar order (risk reversal) is principles of trade. order book. The proposed rules also
an order involving the sale (purchase) of * * * * * provide that members holding stock-
a call (put) option coupled with the option orders or security future-option
purchase (sale) of a put (call) option in II. Self-Regulatory Organization’s orders and bidding or offering on a net
equivalent units of the same underlying Statement of the Purpose of, and debit or credit basis may execute the
security having a lower (higher) exercise Statutory Basis for, the Proposed Rule order with another member without
price than, and same expiration date as, Change giving priority to equivalent bids or
the sold (purchased) call (put) option. In its filing with the Commission, the offers in the trading crowd or the book,
(f)–(n) No change. Amex included statements concerning provided that at least one leg of the
* * * * * the purpose of and basis for the order betters the corresponding bid or
proposed rule change and discussed any offer in the book.
Rule 953—ANTE comments it received on the proposed The Exchange further proposes to
Acceptance of Bid or Offer rule change. The text of these statements adopt new Amex Rule 953—ANTE to
may be examined at the places specified provide execution procedures for stock-
(a) All bids or offers for option in Item IV below. The Exchange has option orders and security future-option
contracts dealt in on the Exchange prepared summaries, set forth in orders. The proposed rule text provides
made and accepted in accordance with Sections A, B, and C below, of the most that the initiating member and the
these Rules shall constitute binding significant aspects of such statements. contra-parties with respect to the non-
contracts between the parties thereto but option leg(s) must take steps to transmit
shall be subject to the exercise by the A. Self-Regulatory Organization’s the non-option leg(s) to the appropriate
Board of Governors of the powers in Statement of the Purpose of, and market concurrently with the execution
respect thereto vested in said Board by Statutory Basis for, the Proposed Rule of the options leg(s) of the order.
the Constitution, and to the Rules of the Change Because security futures products may
Exchange, and said contracts shall also 1. Purpose not be fungible between markets, the
be subject to the rules of The Options member initiating the security future-
Clearing Corporation and to the exercise The Commodity Futures option order must identify the specific
by The Options Clearing Corporation of Modernization Act of 2000 lifted the market of execution. If the security or
the powers reserved to it in the rules of ban on the trading of single stock security futures leg of the order cannot
The Options Clearing Corporation. futures and futures on narrow based be executed at the price(s) agreed upon
(b) Stock-option orders and security security indices (together, ‘‘security due to market conditions, a trade
future-option orders. futures’’) in the United States. The representing the execution of the
Amex is proposing to (i) adopt a new options leg of the transaction may be
(i) A bid or offer that is identified to
definition for stock-option orders and cancelled at the request of any member
the Exchange trading crowd as part of
security futures option orders (‘‘security that is a party to that trade.
a stock-option order, as defined in Rule
future-option order’’), (ii) grant certain Furthermore, the Exchange proposes
950—ANTE (e)(viii)(1) or, or a security
execution priorities to stock-option to amend Amex Rule 950—ANTE(e) to
future-option order, as defined in Rule
orders and security future-option orders, include the definitions of additional
950—ANTE (e)(viii)(2), is made and
(iii) authorize the execution of stock- types of complex orders. Specifically, a
accepted subject to the following
option orders and security future-option strangle order, a butterfly spread order,
conditions:
orders, and (iv) add additional language a box/roll spread order, and a collar and
(A) at the time the stock-option order to the Amex rules regarding different risk reversal order. The proposed rule
or security future-option order is types of complex orders. defines a strangle order as an order to
announced, the member initiating the The Exchange proposes to adopt buy or sell a certain number of call
order must disclose to the crowd all legs language to allow for the execution of option contracts and the same number
of the order and must identify the stock-option orders and security future- of put option contracts in the same
specific market(s) on which and the option orders. The Exchange believes underlying security, which have the
price(s) at which the non-option leg(s) of that complex orders involving orders same expiration date. A butterfly spread
the order is to be filled, and consisting of stock or securities futures order is defined as an order involving
(B) concurrent with execution of the and option legs are effective hedging three series of either put or call options
options leg of the order, the initiating strategies that would permit members to all having the same underlying security
member and each member that agrees to initially offset the risk of price and time of expiration and, based on the
be a contra-party on the non-option movements in an option position with same current underlying value, where
leg(s) of the order must take steps a corresponding purchase or sale of the interval between the exercise price
immediately to transmit the non-option stock underlying the option position or of each series is equal. These orders are
leg(s) to the identified market(s) for securities futures. Therefore, complex structured as either (i) a ‘‘long butterfly
execution. orders consisting of stock or security spread’’ in which two short options in
(ii) A trade representing the execution futures and options legs that fall within the same series offset by one long option
of the options leg of a stock-option order their proposed definition would be with a higher exercise price and one
or a security future-option order may be entitled to the same priorities that long option with a lower exercise price
cancelled at the request of any member spreads, straddles, ratio, and or (ii) a ‘‘short butterfly spread’’ in
that is a party to that trade only if combination orders are afforded. which two long options in the same
market conditions in any of the non- The Exchange proposes to amend series are offset by one short option with
Exchange market(s) prevent the Commentary .01 to Amex Rule 950– a higher exercise price and one short
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execution of the non-option leg(s) at the ANTE(d), to permit members to execute option with a lower exercise price. A
price(s) agreed upon. stock-option orders and security future- box/roll spread order is defined as an
(c) Failure to observe the requirements option orders, the options legs of which aggregation of positions in a long call
set forth in paragraph (b)(i)(A) and (B) will have priority over bids or offers of option and short put option with the
above shall be considered conduct the trading crowd but not over bids or same exercise price (‘‘buy side’’)

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Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Notices 18125

coupled with a long put option and III. Date of Effectiveness of the Electronic Comments
short call option with the same exercise Proposed Rule Change and Timing for
price (‘‘sell side’’) all of which have the Commission Action • Use the Commission’s Internet
same aggregate current underlying comment form (http://www.sec.gov/
Because the forgoing rule change does
value, and are structured as either: (A) rules/sro.shtml); or
not: (1) Significantly affect the
A ‘‘long box spread’’ in which the sell protection of investors or the public • Send an e-mail to rule-
side exercise price exceeds the buy side interest; (2) impose any significant comments@sec.gov. Please include File
exercise price or (B) a ‘‘short box burden on competition; and (3) become No. SR–Amex–2006–28 on the subject
spread’’ in which the buy side exercise operative for 30 days after the date of line.
price exceeds the sell side exercise this filing, or such shorter time as the
price. A collar and risk reversal order is Commission may designate, it has Paper Comments
defined as an order involving the sale or become effective pursuant to Section • Send paper comments in triplicate
purchase of a call or put option, coupled 19(b)(3)(A) of the Act 9 and Rule 19b–
with the purchase or sale of a put or call to Nancy M. Morris, Secretary,
4(f)(6) thereunder.10 Securities and Exchange Commission,
option in equivalent units of the same A proposed rule change filed under
underlying security having a lower or Station Place, 100 F Street, NE.,
19b–4(f)(6) normally may not become
higher exercise price than, and same operative prior to 30 days after the date Washington, DC 20549–1090.
expiration date as, the sold or purchased of filing.11 However, Rule 19b– All submissions should refer to File No.
call or put option. 4(f)(6)(iii) 12 permits the Commission to SR–Amex–2006–28. This file number
Finally, the Exchange seeks to make designate a shorter time if such action should be included on the subject line
housekeeping changes to the rules: (1) is consistent with the protection of if e-mail is used. To help the
To add an additional reference to ‘‘ratio investors and the public interest. The Commission process and review your
order’’ into Commentary .01 of Amex Exchange provided the Commission comments more efficiently, please use
Rule 950—ANTE(d), that was with written notice of its intent to file only one method. The Commission will
inadvertently omitted when the this proposed rule change at least five
post all comments on the Commission’s
Exchange originally sought immediate business days prior to the date of filing
Internet Web site (http://www.sec.gov/
effectiveness to trade ratio orders 6 and the proposed rule change. In addition,
the Exchange has requested that the rules/sro.shtml). Copies of the
(2) to remove the reference to Amex
Rule 953 in Amex Rule 900—ANTE, as Commission waive the 30-day pre- submission, all subsequent
an option rule that will be applicable to operative delay. The Commission amendments, all written statements
the trading of options contracts on the believes that waiving the 30-day pre- with respect to the proposed rule
ANTE System because the Amex has operative delay is consistent with the change that are filed with the
proposed to adopt new Amex Rule protection of investors and in the public Commission, and all written
953—ANTE. interest because it will allow the Amex communications relating to the
to immediately implement rules and proposed rule change between the
2. Statutory Basis procedures governing the execution of Commission and any person, other than
The Exchange believes that the complex orders involving options and those that may be withheld from the
proposed rule change is consistent with securities futures that are substantially public in accordance with the
Section 6(b) of the Act 7 in general and similar to the rules of other exchanges.13 provisions of 5 U.S.C. 552, will be
furthers the objective of Section 6(b)(5) At any time within 60 days of the available for inspection and copying in
of the Act 8 in particular in that it is filing of the proposed rule change, the the Commission’s Public Reference
designed to perfect the mechanisms of Commission may summarily abrogate Room. Copies of such filing will also be
a free and open market and the national such rule change if it appears to the available for inspection and copying at
market system, protect investors and the Commission that such action is
the principal office of the Amex. All
public interest, and promote just and necessary or appropriate in the public
comments received will be posted
equitable principles of trade. interest, for the protection of investors,
or otherwise in furtherance of the Act. without change; the Commission does
B. Self-Regulatory Organization’s not edit personal identifying
Statement on Burden on Competition IV. Solicitation of Comments information from submissions. You
Interested persons are invited to should submit only information that
The Exchange believes that the
submit written data, views, and you wish to make available publicly. All
proposed rule change would impose no
burden on competition that is not arguments concerning the foregoing, submissions should refer to File No.
necessary or appropriate in furtherance including whether the proposed rule SR–Amex–2006–28 and should be
change is consistent with the Act. submitted on or before May 1, 2006.
of the purposes of the Act.
Comments may be submitted by any of
For the Commission, by the Division of
C. Self-Regulatory Organization’s the following methods:
Market Regulation, pursuant to delegated
Statement on Comments on the
authority.14
Proposed Rule Change Received From 9 15 U.S.C. 78s(b)(3)(A).
Members, Participants, or Others 10 17 CFR 240.19b–4(f)(6). Nancy M. Morris,
11 17 CFR 240.19b–(f)(6)(iii).
Secretary.
No written comments were solicited 12 Id.
[FR Doc. E6–5151 Filed 4–7–06; 8:45 am]
or received with respect to the proposed 13 See Securities Exchange Act Release Nos.
BILLING CODE 8010–01–P
rule change. 46390 (August 21, 2002), 67 FR 55290 (August 28,
2002) (Order approving File No. SR–ISE–2002–18);
and 49367 (March 5, 2004), 69 FR 11678 (March 11,
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6 See Securities Exchange Act Release No. 50525


2004) (Notice of Filing and Immediate Effectiveness
(October 13, 2004), 69 FR 61875 (October 21, 2004) of SR–CBOE–2002–14). For the purposes only of
(Notice of Filing and Immediate Effectiveness of waiving the pre-operative delay, the Commission
SR–Amex–2004–77). has considered the proposed rule’s impact on
7 15 U.S.C. 78f(b).
efficiency, competition, and capital formation. 15
8 15 U.S.C. 78f(b)(5). U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12).

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