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DOCUMENT ID: [Release No. 34-56947; File No. SR-Amex-2007-134]
SUBJECT CATEGORY: Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Commentary .10 to Amex Rule 584 To Delete the Reference to the Weekly Bulletin
DOCUMENT SUMMARY: December 12, 2007.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b4 thereunder,\2\ notice is hereby given that
on December 6, 2007, the American Stock Exchange LLC (``Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by the Amex. The
Amex filed the proposed rule change under Section 19(b)(3)(A) of the
Act \3\ and Rule 19b4(f)(6) 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.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ 15 U.S.C. 78S(b)(3)(A).
\4\ 17 CFR 240.19b4(f)(6).
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change
The Amex proposes to adopt changes to Commentary .10 to Amex Rule
584 to delete the reference to the Weekly Bulletin therein. The text of
the proposed rule change is available at http://www.amex.com, the
principal offices of the Amex, and the Commission's Public Reference Room.
II. SelfRegulatory 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
[[Page 72420]]
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. SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
The Exchange proposes to amend Commentary .10 to Amex Rule 584 \5\
to delete the reference to the Weekly Bulletin therein. Commentary .10
to Amex Rule 584 requires that all information filed with the Exchange
pursuant to Rule 584 be made public in the lists of the meetings of stockholders in the Weekly Bulletin.
\5\ Amex Rule 584 specifies requirements for members and member
organizations regarding proxy contests involving unregistered companies.
The Weekly Bulletin, published by the Exchange, currently contains
information on the seat market, admission of members, listings and
stockholder meetings. In deleting the reference to the Weekly Bulletin
in Commentary .10 to Amex Rule 584, the Exchange seeks the flexibility
of posting the Weekly Bulletin and/or the information contained therein
on the AmexTrader Web site (http://www.amextrader.com) for a wider circulation.\6\
\6\ In the instance that a person does not have access to the
Internet, the list of meetings of stockholders will be made available upon request.
The Commission previously approved an Exchange proposal to delete
references in Amex's Constitution and Rules to the requirement that
membership, corporate governance, stockholder meetings and disciplinary
information be published in the Weekly Bulletin.\7\ However, Commentary
.10 to Amex Rule 584 still contains a reference to the Weekly Bulletin.
Therefore, the Exchange proposes to delete the reference to the Weekly
Bulletin in Commentary .10 of Amex Rule 584 in order to harmonize this rule with the remainder of Amex's Constitution and Rules.
\7\ See Securities Exchange Act Release No. 41840 (Sept. 7, 1999), 64 FR 50128 (Sept. 15, 1999) (SRAmex9931).
The Exchange does not believe that this proposal will engender any controversy as the information contained in the Weekly Bulletin will continue to be available to its existing constituency and will be made available to the general public through the AmexTrader Web site. 2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the Act
\8\ in general, and furthers the objectives of Section 6(b)(5) of the
Act,\9\ in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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. \8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
B. SelfRegulatory 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 Act.
C. SelfRegulatory 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 Amex 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 after the date of filing,
or such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest. In addition, as
required under Rule 19b4(f)(6)(iii),\10\ the Amex provided the
Commission with written notice of its intention to file the proposed
rule change, along with a brief description of the text of the proposed
rule change, at least five business days prior to filing the proposal
with the Commission. Therefore, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b 4(f)(6) thereunder.\12\
\10\ 17 CFR 240.19b4(f)(6)(iii).
\11\ 15 U.S.C. 78s(b)(3)(A).
The Amex has requested the Commission to waive the 30day operative delay so that the proposal may become operative immediately upon filing.
The Commission hereby grants the Amex's request \13\ and believes that waiving the 30day operative delay is consistent with the protection of investors and the public interest. The Commission notes that it previously approved an Exchange proposal to delete references in the Amex's Constitution and Rules to the requirement that membership, corporate governance, stockholder meetings and disciplinary information be published in the Weekly Bulletin \14\ and that the proposed amendment conforms the language in Commentary .10 of Amex Rule 584 with the remainder of the Exchange's Constitution and Rules by deleting the reference to the Weekly Bulletin. In addition, the Commission believes that waiver of the 30day operative period would enable the Exchange to implement the proposal as quickly as possible, and thereby provide for greater uniformity among the Amex's Constitution and Rules. For these reasons, the Commission designates the proposal to be operative upon filing with the Commission. \13\ For purposes only of waiving the 30day operative delay, the Commission has considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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.
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
All submissions should refer to File Number SRAmex2007134. This
file number should be included on the subject line if email is used. To help the Commission process and review your
[[Page 72421]]
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 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 publicly available. All submissions should refer to
File Number SRAmex2007134 and should be submitted on or before January 10, 2008.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\
\15\ 17 CFR 200.303(a)(12).
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E724693 Filed 121907; 8:45 am]
BILLING CODE 801101P
SUMMARY: American Stock Exchange LLC,
DOCUMENT BODY 2: December 12, 2007.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b4 thereunder,\2\ notice is hereby given that
on December 6, 2007, the American Stock Exchange LLC (``Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by the Amex. The
Amex filed the proposed rule change under Section 19(b)(3)(A) of the
Act \3\ and Rule 19b4(f)(6) 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.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ 15 U.S.C. 78S(b)(3)(A).
\4\ 17 CFR 240.19b4(f)(6).
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change
The Amex proposes to adopt changes to Commentary .10 to Amex Rule
584 to delete the reference to the Weekly Bulletin therein. The text of
the proposed rule change is available at http://www.amex.com, the
principal offices of the Amex, and the Commission's Public Reference Room.
II. SelfRegulatory 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
[[Page 72420]]
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. SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
The Exchange proposes to amend Commentary .10 to Amex Rule 584 \5\
to delete the reference to the Weekly Bulletin therein. Commentary .10
to Amex Rule 584 requires that all information filed with the Exchange
pursuant to Rule 584 be made public in the lists of the meetings of stockholders in the Weekly Bulletin.
\5\ Amex Rule 584 specifies requirements for members and member
organizations regarding proxy contests involving unregistered companies.
The Weekly Bulletin, published by the Exchange, currently contains
information on the seat market, admission of members, listings and
stockholder meetings. In deleting the reference to the Weekly Bulletin
in Commentary .10 to Amex Rule 584, the Exchange seeks the flexibility
of posting the Weekly Bulletin and/or the information contained therein
on the AmexTrader Web site (http://www.amextrader.com) for a wider circulation.\6\
\6\ In the instance that a person does not have access to the
Internet, the list of meetings of stockholders will be made available upon request.
The Commission previously approved an Exchange proposal to delete
references in Amex's Constitution and Rules to the requirement that
membership, corporate governance, stockholder meetings and disciplinary
information be published in the Weekly Bulletin.\7\ However, Commentary
.10 to Amex Rule 584 still contains a reference to the Weekly Bulletin.
Therefore, the Exchange proposes to delete the reference to the Weekly
Bulletin in Commentary .10 of Amex Rule 584 in order to harmonize this rule with the remainder of Amex's Constitution and Rules.
\7\ See Securities Exchange Act Release No. 41840 (Sept. 7, 1999), 64 FR 50128 (Sept. 15, 1999) (SRAmex9931).
The Exchange does not believe that this proposal will engender any controversy as the information contained in the Weekly Bulletin will continue to be available to its existing constituency and will be made available to the general public through the AmexTrader Web site. 2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the Act
\8\ in general, and furthers the objectives of Section 6(b)(5) of the
Act,\9\ in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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. \8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
B. SelfRegulatory 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 Act.
C. SelfRegulatory 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 Amex 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 after the date of filing,
or such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest. In addition, as
required under Rule 19b4(f)(6)(iii),\10\ the Amex provided the
Commission with written notice of its intention to file the proposed
rule change, along with a brief description of the text of the proposed
rule change, at least five business days prior to filing the proposal
with the Commission. Therefore, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b 4(f)(6) thereunder.\12\
\10\ 17 CFR 240.19b4(f)(6)(iii).
\11\ 15 U.S.C. 78s(b)(3)(A).
The Amex has requested the Commission to waive the 30day operative delay so that the proposal may become operative immediately upon filing.
The Commission hereby grants the Amex's request \13\ and believes that waiving the 30day operative delay is consistent with the protection of investors and the public interest. The Commission notes that it previously approved an Exchange proposal to delete references in the Amex's Constitution and Rules to the requirement that membership, corporate governance, stockholder meetings and disciplinary information be published in the Weekly Bulletin \14\ and that the proposed amendment conforms the language in Commentary .10 of Amex Rule 584 with the remainder of the Exchange's Constitution and Rules by deleting the reference to the Weekly Bulletin. In addition, the Commission believes that waiver of the 30day operative period would enable the Exchange to implement the proposal as quickly as possible, and thereby provide for greater uniformity among the Amex's Constitution and Rules. For these reasons, the Commission designates the proposal to be operative upon filing with the Commission. \13\ For purposes only of waiving the 30day operative delay, the Commission has considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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.
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
All submissions should refer to File Number SRAmex2007134. This
file number should be included on the subject line if email is used. To help the Commission process and review your
[[Page 72421]]
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 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 publicly available. All submissions should refer to
File Number SRAmex2007134 and should be submitted on or before January 10, 2008.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\
\15\ 17 CFR 200.303(a)(12).
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E724693 Filed 121907; 8:45 am]
BILLING CODE 801101P
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 26 CFR Part 301 50 CFR Part 622 39 CFR Part 111 40 CFR Part 300 44 CFR Part 65 50 CFR Part 660 40 CFR Part 271 40 CFR Parts 52 and 81 47 CFR Part 64 50 CFR Part 665 49 CFR Part 571 44 CFR Part 64 21 CFR Part 522 14 CFR Part 23 47 CFR Part 76