[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28737-28738]
[FR Doc No: E9-14145]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60077; File No. SR-NYSEAmex-2009-22]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Rule Change by NYSE Amex, Inc. Implementing Schedule
of Fees and Charges for Exchange Services

June 9, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 1, 2009, NYSE Amex LLC. (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to its Schedule of Fees and Charges for
Exchange Services (the ``Schedule''). While the change to the Schedule
pursuant to this proposal will be effective upon filing, the changes
will become operative June 1, 2009. The text of the proposed rule
change is attached as Exhibit 5 to the 19b-4 form.\4\ A copy of this
filing is available on the Exchange's Web site at www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.
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    \4\ The Commission notes that while provided in Exhibit 5 to the
filing, the text of the proposed rule change is not attached to this
notice but is available at the Commission's Public Reference Room
and at www.nyse.com.
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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 those 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 parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to modify the list of
strategies presently included in the strategy execution fee cap program
(``Strategy Cap Program''). NYSE Amex proposes to add ``Jelly Rolls''
as an eligible strategy execution for inclusion in Strategy Cap
Program.
    A Jelly Roll is a long calendar call spread combined with the same
short

calendar put spread, or vice versa. This option strategy aims to profit
from a time value spread through the purchase and sale of two call and
two put options, each with different expiration dates. A Jelly Roll is
created by entering into two separate positions simultaneously. One
position involves buying a put and selling a call with the same strike
price and expiration. The second position involves selling a put and
buying a call, with the same strike price, but a different expiration
from the first position. Below is an example of a Jelly Roll strategy
execution.

XYZ Jun/Oct 25 Jelly Roll:
    --Buy XYZ Jun 25 put and sell XYZ Jun 25 call
    --Sell XYZ Oct 25 put and buy XYZ Oct 25 call
Market BBO:
    Jun 25 call .51 at .53
    Jun 25 put .72 at .74
    Oct 25 call 1.52 at 1.55
    Oct 25 put 2.35 at 2.39

    .74(long Jun put) + 1.52 (long Oct call) -.51 (short Jun call) -
2.35 (short Oct put) = .60 credit received for the Jelly roll.
    Because the referenced Jelly Rolls are commonly executed in large
volumes with profit margins that are generally narrow, the Exchange
proposes to cap the transaction fees associated with such executions at
$750 per strategy execution on the same trading day in the same option
class. In addition, Jelly Rolls will be included in the monthly cap of
$25,000 per initiating firm for all strategy executions. NYSE Amex
believes that by keeping fees low, the Exchange is able to attract
liquidity by accommodating these transactions.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act, in general, and Section 6(b)(4), in particular, in
that it provides for the equitable allocation of dues, fees and other
charges among its members and other market participants that use the
trading facilities of NYSE Amex Options. Under this proposal, all
similarly situated Exchange participants will be charged the same
reasonable dues, fees and other charges.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
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

    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 is effective upon filing pursuant to
Section 19(b)(3)(A) \5\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \6\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Amex.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
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    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.

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_ADDRESS>Please include
File Number SR-NYSEAmex-2009-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAmex-2009-22. 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 the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-
NYSEAmex-2009-22 and should be submitted on or before July 8, 2009.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14145 Filed 6-16-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42656]
[DOCID:fr24au09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13539-000]

Free Flow Power Ohio River 2, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

August 14, 2009.

    On July 13, 2009, Free Flow Power Ohio River 2, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Simmesport
Hydrokinetic Energy Project, located on the Atchafalaya River,
Avoyelles and Pointe Coupee Parishes, Louisiana. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of: (1) 460 turbine-generator
units configured in a series of turbine arrays which in turn will be
grouped to form turbine fields; (2) a combination of freestanding
pilings, a floating barge-like platform, or existing shore
infrastructure such as dock pilings onto which the turbine arrays will
be moored; (3) submersible electric cables interconnecting the arrays
within each turbine field and transmit the turbine field's generation
to a shore station; (4) several shore stations each consisting of less
than 100 square meters which will transition the submersible cabling to
the overhead transmission; (5) a 1.3 mile, 69 kV line interconnecting
the shore stations and delivering power to the project substation; and
(6) appurtenant facilities. The proposed project would generate about
40 gigawatt-hours annually.
    Applicant contact: Ramya Swaminathan, Free Flow Power Corporation,
33 Commercial Street, Gloucester, Massachusetts 01930, phone: (978)
226-1531.
    FERC Contact: Sergiu Serban,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13539) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20218 Filed 8-21-09; 8:45 am]

BILLING CODE 6717-01-P