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53270 Federal Register / Vol. 72, No.

180 / Tuesday, September 18, 2007 / Notices

any, matters have been added, deleted SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
or postponed, please contact the Office COMMISSION Statement of the Purpose of, and the
of the Secretary at (202) 551–5400. Statutory Basis for, the Proposed Rule
[Release No. 34–56382; File No. SR–Amex– Change
Dated: September 13, 2007.
2007–80] 1. Purpose
Nancy M. Morris,
Secretary. Self-Regulatory Organizations; The purpose of this proposal is to
[FR Doc. E7–18381 Filed 9–17–07; 8:45 am] American Stock Exchange LLC; Notice adopt various floor fees for services
BILLING CODE 8010–01–P of Filing and Immediate Effectiveness provided by the Exchange to members
of Proposed Rule Change Relating to and member organizations in
Member Floor Fees connection with the installation and
SECURITIES AND EXCHANGE management of member technology and
September 11, 2007. computer networks. These services,
COMMISSION
Pursuant to section 19(b)(1) 1 of the among other things, include floor
Securities Exchange Act of 1934 (the facilities, network connectivity, power
[File No. 500–1]
‘‘Act’’), and Rule 19b–4 2 thereunder, and telecommunications. The Exchange
In the Matter of Terax Energy, Inc.; notice is hereby given that on August submits that these changes will be
Corrected Order of Suspension of 29, 2007, the American Stock Exchange implemented on September 1, 2007.
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with The Fee Schedule sets forth the
Trading various floor fees that the Exchange
the Securities and Exchange
September 12, 2007. Commission (‘‘Commission’’) a proposes to adopt on either a one-time,
proposed rule change as described in annual or monthly basis as appropriate.
It appears to the Securities and The proposal seeks to add three (3) new
Exchange Commission that there is a Items I, II, and III below, which Items
have been prepared substantially by the categories to the Fee Schedule to
lack of current and accurate information include (i) Colocation Space, (ii) Amex
Exchange. Amex has designated the
concerning the securities of Terax Port Charges and (iii) Power. In
proposed rule change as establishing or
Energy, Inc. (‘‘Terax,’’ trading symbol changing a due, fee, or other charge addition, the proposal adds various fees
TEXG.OB), because of questions applicable only to members, pursuant to in the Fee Schedule under sections
regarding the accuracy of assertions by section 19(b)(3)(A)(ii) of the Act,3 and entitled ‘‘Market Data Fees/Terminals,’’
Terax and by others, in reports filed Rule 19b–4(f)(2) 4 thereunder, which ‘‘Equipment’’ and
with the Commission and in press renders the proposal effective upon ‘‘Telecommunications.’’
releases to investors concerning, among filing with the Commission. The The section entitled ‘‘Colocation
other things: (1) The status of Terax’s oil Commission is publishing this notice to Space’’ relates to the Exchange facilities
and gas operations, (2) Terax’s solicit comments on the proposed rule space that is made available to members
purported financing agreements, (3) change from interested persons. and member firms for the purpose of
Terax’s supposed acquisition of a managing their own network and
I. Self-Regulatory Organization’s computing hardware at the Amex. The
controlling interest in a foreign oil and
Statement of the Terms of Substance of proposed fees provide that the members
gas firm, (4) the existence, terms and
the Proposed Rule Change and member firms desiring full cabinet 5
status of a purported share exchange
agreement between Terax and Westar space be assessed a one-time fee of
The Exchange proposes to revise the
$2,125.00 with an ongoing annual fee of
Oil, Inc., and (5) the identity of the Amex Floor Fee Schedule (the ‘‘Fee
$14,400 ($1,200/month). Alternatively,
persons in control of the operations and Schedule’’).
for a 1/8 cabinet increment, members
management of Terax. The text of the proposed rule change will be charged a one-time fee of
The Commission is of the opinion that is available on Amex’s Web site at $265.00 with an annual fee of $1,800.00
the public interest and the protection of http://www.amex.com, at Amex’s Office ($150 per month).
investors require a suspension of trading of the Secretary, and at the The section entitled ‘‘Amex Port
in the securities of the above-listed Commission’s Public Reference Room. Charges’’ are proposed charges for
company. II. Self-Regulatory Organization’s network connectivity. These proposed
Therefore, it is ordered, pursuant to Statement of the Purpose of, and one-time fees range from $100 to $780
Statutory Basis for, the Proposed Rule with ongoing annual fees ranging from
Section 12(k) of the Securities Exchange
Change $792 ($66/month) to $7,020 ($585/
Act of 1934, that trading in the above-
month). The proposed connectivity
listed company is suspended for the In its filing with the Commission, charge will depend on the type of
period from 9:30 a.m. EDT, September Amex included statements concerning network connectivity.
12, 2007 through 11:59 p.m. EDT, on the purpose of and basis for the The section entitled ‘‘Power’’ are
September 25, 2007. proposed rule change and discussed any proposed charges for electrical power
By the Commission. comments it received on the proposed that members and member firms may
Florence E. Harmon, rule change. The text of these statements use to supplement the power included
may be examined at the places specified in the standard Colocation Space.
Deputy Secretary.
in Item IV below. The Exchange has Proposed charges range from $1,200 a
[FR Doc. E7–18268 Filed 9–17–07; 8:45 am] prepared summaries, set forth in year ($100/month) to $21,912.00 a year
BILLING CODE 8010–01–P sections A, B, and C below, of the most
significant aspects of such statements.
pwalker on PROD1PC71 with NOTICES

5 ‘‘Full cabinet’’ is defined as one (1) 44 rack unit

(RU) powered telecommunications cabinet or rack


1 15
with 33 RU usable space. Standard power is one (1)
U.S.C. 78s(b)(1). 20 amperes (amps) 120 volts primary power circuit
2 17 CFR 240.19b–4. and one (1) 20 amps 120 volts redundant power
3 15 U.S.C. 78s(b)(3)(A)(ii).
circuit per cabinet or rack with 16 amps available
4 17 CFR 240.19b–4(f)(2). per circuit.

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices 53271

($1,826/month). Differences in the services. Accordingly, the Exchange number should be included on the
proposed fees depend on whether the seeks, through this proposal, to better subject line if e-mail is used. To help the
electrical power is primary or redundant manage its costs for supplying member Commission process and review your
and the specific voltage and amp technology and computer networks. comments more efficiently, please use
requirements. only one method. The Commission will
B. Self-Regulatory Organization’s
The proposal also adds various post all comments on the Commission’s
Statement on Burden on Competition
charges for market data in the current Internet Web site (http://www.sec.gov/
section entitled ‘‘Market Data Fees/ The Exchange believes that the rules/sro.shtml). Copies of the
Terminals.’’ These proposed fees range proposed rule change does not impose submission, all subsequent
from $113.76 a year ($9.48/month) to any burden on competition that is not amendments, all written statements
$3,120 a year ($260/month). The necessary or appropriate in furtherance with respect to the proposed rule
proposed charges are for fees in of the purposes of the Act. change that are filed with the
connection with various market data C. Self-Regulatory Organization’s Commission, and all written
services such as Dow Jones and Statement on Comments on the communications relating to the
Bloomberg. Proposed Rule Change Received From proposed rule change between the
With respect to the proposed fee Members, Participants or Others Commission and any person, other than
additions to the section entitled those that may be withheld from the
‘‘Equipment,’’ members and member No written comments were solicited public in accordance with the
firms would be assessed for the use of or received with respect to the proposed provisions of 5 U.S.C. 552, will be
‘‘Podia’’ 6 and ‘‘MCTV’’ 7 in the amount rule change. available for inspection and copying in
of $1,044 per year ($87/month) and III. Date of Effectiveness of the the Commission’s Public Reference
$479.88 per year ($39.99/month), Proposed Rule Change and Timing for Room, 100 F. Street, NE., Washington,
respectively. As provided for in the Commission Action DC 20549, on official business days
proposed Floor Fee Schedule, these between the hours of 10 a.m. and 3 p.m.
The foregoing proposed rule change
charges would defray the Exchange’s Copies of such filing also will be
has become effective pursuant to section
cost of providing this equipment to available for inspection and copying at
19(b)(3)(A)(ii) of the Act,9 and Rule
members. Similarly, the proposed the principal office of Amex. All
19b–4(f)(2) 10 thereunder, because it
‘‘Internet Service Fee’’ of $840.00 per comments received will be posted
establishes or changes a due, fee, or
year ($70/month) in the section entitled without change; the Commission does
other charge imposed by the Exchange,
‘‘Telecommunications’’ will defray the not edit personal identifying
applicable only to members. At any time
cost of providing this service to those information from submissions. You
within 60 days of the filing of the
members and member firms that choose should submit only information that
proposed rule change, the Commission
to access the internet through the you wish to make available publicly. All
may summarily abrogate such rule
Exchange. submissions should refer to File
change if it appears to the Commission
Lastly, the current ‘‘Floor Wire Number SR–Amex–2007–80 and should
that such action is necessary or
Privilege Fee’’ would be eliminated be submitted on or before October 9,
appropriate in the public interest, for
under the proposal because the 2007.
the protection of investors, or otherwise
proposed charges in connection with in furtherance of the purposes of the For the Commission, by the Division of
‘‘Amex Port Charges’’ apply to network Act. Market Regulation, pursuant to delegated
connectivity so that the ‘‘Floor Wire authority.11
Privilege Fee’’ is not necessary. IV. Solicitation of Comments Florence E. Harmon,
2. Statutory Basis Interested persons are invited to Deputy Secretary.
submit written data, views, and [FR Doc. E7–18269 Filed 9–17–07; 8:45 am]
The proposed fee change is consistent arguments concerning the foregoing, BILLING CODE 8010–01–P
with section 6(b)(4) of the Act 8 including whether the proposed rule
regarding the equitable allocation of change is consistent with the Act.
reasonable dues, fees and other charges Comments may be submitted by any of SECURITIES AND EXCHANGE
among exchange members and other the following methods: COMMISSION
persons using exchange facilities. The
Exchange believes that the proposal is Electronic Comments [Release No. 34–56384; File No. SR–NYSE–
2007–80]
an equitable allocation of reasonable • Use the Commission’s Internet
fees/charges among floor members comment form (http://www.sec.gov/ Self-Regulatory Organizations; New
because the fees/charges relating to floor rules/sro.shtml); or York Stock Exchange LLC; Notice of
facilities, network connectivity, power • Send an e-mail to rule- Filing and Immediate Effectiveness of
and telecommunications are assessed comments@sec.gov. Please include File Proposed Rule Change Relating to the
only against those floor members who Number SR–Amex–2007–80 on the Elimination of One of its NYSE
choose to employ the Exchange’s subject line. OpenBook Services
offering of such products/services. In
Paper Comments September 11, 2007.
addition, the Exchange submits that the
proposed fees/charges are reasonable in • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
connection with the Exchange’s offered to Nancy M. Morris, Secretary, Securities Exchange Act of 1934
products/services, and are largely Securities and Exchange Commission, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
expected to cover the cost to the 100 F Street, NE., Washington, DC notice is hereby given that on August
20549–1090. 30, 2007, the New York Stock Exchange
pwalker on PROD1PC71 with NOTICES

Exchange of providing such products/


All submissions should refer to File LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
6 ‘‘Podia’’ refers to an increment of space used by Number SR–Amex–2007–80. This file
specialists at a trading post. 11 17 CFR 200.30–3(a)(12).
7 ‘‘MCTV’’ is cable television. 9 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1).
8 15 U.S.C. 78f(b)(4). 10 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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