Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 59689 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 58284 

(August 1, 2008), 73 FR 46086 (August 7, 2008) 

Notice of Filing of Proposed Rule Change SR–Amex 

2008–62. 

4The term ‘‘U.S. Regulated Subsidiary’’ is defined 

under Article VII, Section 7.3(G) of the Bylaws of 

NYSE Euronext. 

5 15 U.S.C. 78f. 

6For more information regarding the relocation of 

equity products see Securities Exchange Act 

Release No. 58265 (July 30, 2008) 73 FR 46075 

(August 7, 2008) Notice of Filing of Proposed Rule 

Change SR–Amex 2008–63. In addition, the 

Exchange will submit separate rule filings regarding 

the relocation of options, bonds, ETFs and 

structured products in the near future. 

7For a further description of 86 Trinity Permit 

Holders see Securities Exchange Act Release No. 

58284 (August 1, 2008) 73 FR 46086 (August 7, 

2008) Notice of Filing of Proposed Rule Change SR– 

Amex 2008–62. 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

Comments should be directed to 

Lewis W. Walker, Acting Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to: PRA_Mailbox@sec.gov. 

Dated: October 1, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23932 Filed 10–8–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58712; File No. SR–Amex– 

2008–73] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by American 

Stock Exchange LLC Relating to the 

Amex Price List After the Acquisition 

of NYSE Euronext 

October 2, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 29, 2008, the American Stock 

Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission the proposed rule change 

as described in Items I, II, and III below, 

which Items have been prepared by the 

self-regulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

In connection with its pending 

acquisition by NYSE Euronext—the 

parent company of the New York Stock 

Exchange LLC (‘‘NYSE’’) and NYSE 

Arca—the American Stock Exchange 

LLC (‘‘Amex’’ or ‘‘Exchange’’) is seeking 

to revise the Amex Price List that will 

be put in effect after the acquisition 

closes. 

The text of the proposed rule change 

is available on the Amex’s Web site at 

http://www.amex.com, 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 

self-regulatory organization 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 self-regulatory organization 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 

Background 

Pursuant to an agreement dated 

January 17, 2008, the Amex is being 

acquired by NYSE Euronext—the parent 

company of the NYSE and NYSE Arca— 

through a series of mergers as described 

in SR–Amex–2008–62 (the 

‘‘Transaction’’).3 Following completion 

of the Transaction, Amex will become 

one of the U.S. Regulated Subsidiaries 4

of NYSE Euronext and will continue to 

engage in the business of operating a 

national securities exchange registered 

under Section 6 of the Securities 

Exchange Act of 1934, as amended (the 

‘‘Act’’).5 Following the Transaction, the 

name of the new exchange will be NYSE 

Alternext US LLC. NYSE Alternext US 

will continue to operate a marketplace 

for the listing and trading of equities, 

options, bonds and for a limited period 

of time Exchange Traded Fund shares 

(‘‘ETFs’’) and certain structured 

products. It is anticipated that after a 

period of transition during which these 

products will continue to trade on 

Amex legacy trading systems and 

facilities, the trading of these products 

will be relocated to trading systems and 

facilities operated by NYSE or NYSE 

Arca on behalf of NYSE Alternext US.6

The substantive changes to the Amex 

Price List proposed herein will be in 

effect during the transition period, 

beginning with the first complete 

billable month after the completion of 

the Transaction through to the 

relocation of the trading of each of the 

product lines. The non-substantive 

changes such as changes to the name of 

the Exchange and elimination of 

references to seat owners and 

memberships will take place 

immediately after the Transaction 

closes. 

During the transition period NYSE 

Alternext US intends to make available 

to persons and entities that apply and 

meet certain requirements a temporary 

trading permit (to be known as an ‘‘86 

Trinity Permit’’) to allow holders to 

trade products currently traded on the 

Exchange prior to the relocation of the 

trading of the products as described 

above.7 To ensure continuity following 

the Transaction, persons and entities 

that were authorized to trade on the 

Exchange immediately prior to the 

Transaction, will be deemed to have 

satisfied applicable requirements 

necessary to receive an 86 Trinity 

Permit. Any person or organization 

seeking access to the Exchange during 

the transition period will need to obtain 

an 86 Trinity Permit. 

Description of Changes to the Price List 

In addition to changing the name of 

the Amex Price List to the NYSE 

Alternext U.S. Price List and revisions 

to references related to seat owner and 

memberships to reflect the issuance of 

86 Trinity Permits, the Exchange 

proposes to make the following changes: 

1. The following floor fees will be 

waived for holders of 86 Trinity Permits 

during the transition period beginning 

with the first complete billable month 

after the Transaction closes (referred to 

hereinafter as the ‘‘Operative Date’’). For 

example, if the Transaction closes in 

September, floor fees will be waived 

beginning in October. Floor fees include 

Floor Clerk Fee, Floor Facility Fee, 

Floor Wire Privilege Fee, Post Fee per 

Podium Fee, Specialist Registration Fee 

and the Technology Fee. 

2. The Cable TV fee will be increased 

from $360 per year to $420 per year to 

reflect an increase in the cost of this 

service to the Exchange; this fee 


sroberts on PROD1PC70 with NOTICES
59690 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 

8As discussed in proposed rule change SR–Amex 

2008–62, during the transition period physical and 

electronic access to NYSE Alternext US’s trading 

facilities will only be made available to individuals 

that obtain an 86 Trinity Permit, thus the access a 

LTP holder had prior to the Transaction will be 

cancelleld and for continued access such former 

LTP holder may obtain an 86 Trinity Permit. 

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4(f)(2). 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

increase will go into effect on the 

Operative Date. In addition the Price 

List will be revised to include the 

monthly rate charged for services that 

are billed on a monthly rather than 

annual basis. Reference to the 

Membership Certificate fee of $20.00 

will be eliminated since the Exchange 

will no longer issue such certificates. 

3. The Price List section on Booth 

Rental and Order Pads is revised and 

updated to eliminate the references to (i) 

Order Pads since there is no fee 

indicated for order pads in that section; 

and (ii) the Booth Rental fees no longer 

in effect. 

4. The Price List section on Members 

Fees is revised to (i) change the name of 

the section to 86 Trinity Permit Holder 

Fees; (ii) eliminate Membership Dues; 

(iii) eliminate Initiation Fees, except for 

the Application Processing Fee and the 

$45 fee for use of the Exchange’s inhouse fingerprinting service; (iv) change 

the name of the subsection Membership 

Fees to 86 Trinity Permit Holder Fees 

and waive the Limited Trading Permits 

(‘‘LTP’’) fee for those LTP holders who 

become 86 Trinity Permit Holders after 

the Transaction closes8 The LTP Fee is 

billed at the beginning of each quarter, 

therefore, if the Transaction closes in 

the middle of a quarter, waiver of the fee 

will be effective at the beginning of the 

next quarter and will not be applied 

retroactively; (v) eliminate the 

Qualifying Maintenance fee charged to 

Interim Members; and (vi) eliminate 

obsolete notes. 

5. The Price List section on 

Registration and IDC Fees is being 

revised to replace NASD with FINRA. 

References throughout the Price List 

to Amex or ASE will be revised to NYSE 

Alternext U.S. or Exchange where 

appropriate. 

(2) Statutory Basis 

The Exchange believes that the 

proposed fee change is consistent with 

Section 6(b)(4) of the 1934 Act 9

regarding the equitable allocation of 

reasonable dues, fees and other charges 

among exchange members and other 

persons using exchange facilities. In 

particular the Exchange is revising its 

Price List to be in effect during the 

transition period after the closing of its 

Transaction with NYSE Euronext. Most 

of the fees currently in place on the 

Amex will remain in effect after the 

closing of the Transaction and 

throughout the transition period, 

however, certain member fees are being 

waived for the transition period to help 

off-set costs it is anticipated members 

will incur when transitioning their 

operations to NYSE Alternext’s new 

trading facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the 1934 

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 foregoing rule change has become 

effective immediately pursuant to 

Section 19(b)(3)(A)(ii) of the Act 10 and 

Rule 19b–4(f)(2) 11 thereunder. 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 of 

appropriate in the public interest, for 

the protection of investors, or otherwise 

in the furtherance of the purposes of the 

Securities Exchange Act of 1934. 

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 rulecomments@sec.gov. Please include File 

Number SR–Amex–2008–73 on the 

subject line. 

Paper Comments: 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Amex–2008–73. 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 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– 

2008–73 and should be submitted on or 

before October 30, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority. 12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23925 Filed 10–8–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58718; File No. SR–CBOE– 

2008–102] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Change the 

Permissible Exercise Price and 

Premium Calculations for FLEX Equity 

Options 

October 2, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on 


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