Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc. Relating to the Phase-In of PCX Plus, 1490-1492 [E5-26]
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
OCC 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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.3
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The purpose of this rule change is to
continue in effect the July 1, 2004,
reduction in clearing fees for securities
option contracts until OCC’s Board of
Directors determines otherwise. As a
result, effective January 1, 2005, OCC’s
clearing fees will continue to be as
follows:
Contracts per trade
0–500 ....................................
501–1000 ..............................
1,001–2,000 ..........................
>2,000 ...................................
Per contract
fee effective
January 1,
2005
$0.07
0.06
0.05
(1)95.00
1 Capped.
The continued fee reduction
recognizes the strong volume in
securities options in 2004. OCC believes
that this fee reduction will financially
benefit clearing members and other
market participants without adversely
affecting OCC’s ability to meet its
expenses and maintain an acceptable
level of retained earnings.
OCC believes that the proposed rule
change is consistent with the
requirements of Section 17A of the Act 4
and the rules and regulations
thereunder applicable to OCC because it
allows for the equitable allocation of
reasonable dues, fees, and other charges
among OCC’s members.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
OCC does not believe that the
proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change, and none
have been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act 5 and Rule 19b–
4(f)(2) 6 thereunder because the
proposed rule establishes or changes a
due fee, or other charge. At any time
within sixty days of the filing of such
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:
18:03 Jan 06, 2005
Jkt 205001
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.7
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–23 Filed 1–6–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–OCC–2004–22 on the
subject line.
[Release No. 34–50948; File No. SR–PCX–
2004–128]
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number SR–OCC–2004–22. 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 (https://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
December 29, 2004.
3 The Commission has modified the text of the
summaries prepared by OCC.
4 15 U.S.C. 78q–1.
VerDate jul<14>2003
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
Section, 450 Fifth Street, NW.,
Washington, DC 20549. Copies of such
filing also will be available for
inspection and copying at the principal
office of OCC and on OCC’s Web site at
https://www.optionsclearing.com. 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–OCC–2004–22 and should
be submitted on or before January 28,
2005.
PO 00000
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by the
Pacific Exchange, Inc. Relating to the
Phase-In of PCX Plus
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’)1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
29, 2004, the Pacific Exchange, Inc.
(‘‘PCX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by the PCX. 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
PCX proposes to amend PCX Rule
6.90, governing PCX Plus, in order to
7 17
5 15
U.S.C. 78s(b)(3)(A)(ii).
6 17 CFR 240.19b–4(f)(2).
Frm 00083
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\07JAN1.SGM
07JAN1
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
extend the system phase-in period from
December 31, 2004 until March 31,
2005. Below is the text of the proposed
rule change. Proposed new language is
italicized; proposed deletions are
bracketed.
*
*
*
*
*
Rules of the Board of Governors of the
Pacific Exchange, Inc.
*
*
*
*
*
Rule 6—Options Trading
*
*
*
*
*
PCX Plus
Rule 6.90(a)—No Change.
(b) System Phase-In and Applicability
of the Rules. The PCX estimates that the
rules applicable to PCX Plus will be
implemented gradually on an issue-byissue basis beginning October 6, 2003,
and will become completely operative
and applicable to all options issues by
[December 31, 2004] March 31, 2005. At
that time, the rules relating to PCX Plus
will supersede existing rule that are
inapplicable to the new trading
environment.
(c)—(h)—No change.
*
*
*
*
*
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
PCX 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 PCX 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
The Exchange proposes to amend PCX
Rule 6.90 governing the PCX Plus
system 3 phase-in date. PCX Plus is the
Exchange’s electronic order delivery,
execution and reporting system for
designated option issues through which
orders and Quotes with Size 4 are
consolidated for execution and/or
display. The trading system includes an
electronic communications network that
enables registered Market Makers to
enter orders/Quotes with Size and
execute transactions from remote
locations or the trading floor. As
proposed, the Exchange seeks to extend
the date by which it expects to have
PCX Plus completely operative and
applicable to all options issues from
December 31, 2004 until March 31,
2005. The Exchange represents that this
extension is warranted to afford the PCX
sufficient time to address any capacity
issues the system may have as a result
of phasing in issues currently traded on
the Exchange and adding new issues to
be traded on the Exchange.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,5 in general, and
furthers the objectives of Section
6(b)(5),6 in particular, in that it is
designed to facilitate transactions in
securities, to promote just and equitable
principles of trade, to enhance
competition and to protect investors and
the public interest.
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
Written comments on the proposed
rule change were neither solicited nor
received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Act 7 and
subparagraph (f)(3) of Rule 19b–4 8
thereunder because it is concerned
solely with the administration of the
Exchange. 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 or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
3 Securities Exchange Act Release No. 47838 (May
13, 2003), 68 FR 27129 (May 19, 2003) (Order
Approving Proposal for PCX Plus).
4 See PCX Rule 6.1(b)(33) (definition of Quotes
with Size).
VerDate jul<14>2003
18:03 Jan 06, 2005
Jkt 205001
PO 00000
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78s(b)(3)(A)(iii).
8 17 CFR 240.19b–4(f)(3).
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an E-mail to rulecomments@sec.gov. Please include File
Number SR–PCX–2004–128 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number SR–PCX–2004–128. 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 (https://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
Section, 450 Fifth Street, NW.,
Washington, DC 20549. Copies of such
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–PCX–
2004–128 and should be submitted on
or before January 28, 2005.
6 15
Frm 00084
Fmt 4703
Sfmt 4703
1491
E:\FR\FM\07JAN1.SGM
07JAN1
1492
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.9
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–26 Filed 1–6–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–50947; File No. SR–Phlx–
2004–82]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change and
Amendment 1 Thereto by the
Philadelphia Stock Exchange, Inc.
Relating to Short Sales
December 29, 2004.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1, and Rule 19b–4 2 thereunder,
notice is hereby given that on December
3, 2004, the Philadelphia Stock
Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III, below, which items
have been prepared by the Phlx. On
December 28, 2004, the Phlx filed
Amendment No. 1 to the proposed rule
change.3 The proposed rule change, as
amended, was filed by the Phlx as a
non-controversial filing under Rule
19b–4(f)(6) of the Act.4 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
The Phlx, pursuant to Section 19(b)(1)
and Rule 19b–4 thereunder,5 proposes
to amend Exchange Rules: 455, Short
Sales; 203, Agreement of Specialists;
225, Odd-Lot Orders in Securities
Which the Exchange Is the Primary
Market; 785, Automated Submission of
Trading Data; and 786, Periodic Reports.
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Amendment No. 1 to the proposed rule
change (December 28, 2004). Amendment No. 1
replaced the Exchange’s original filing in its
entirety.
4 17 CFR 240.19b4(f)(6). For purposes of
determining the effective date and calculating the
sixty-day period within which the Commission may
summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission
considers that period to commence on December
28, 2004, the date the Exchange filed Amendment
No. 1. See 15 U.S.C. 78s(b)(3)(C).
5 17 CFR 240.19b–4.
1 15
VerDate jul<14>2003
18:03 Jan 06, 2005
Jkt 205001
The text of amended Exchange Rules
455, 203, 225, 785 and 786 is set forth
below. New text is italicized; deleted
text is bracketed.
*
*
*
*
*
Rule 455. Short Sales
No member or member organization
shall effect a sell order or sale of any
security unless such sell order or sale is
effected in compliance with Securities
and Exchange Commission Rule 10a–1
promulgated under the Securities
Exchange Act of 1934.
[(a)(1) Except as provided in
subsection (d) hereof, no member or
member organization shall for his or its
own account or for the account of any
other person, effect on the Exchange a
short sale of any security for which
traders are reported pursuant to a
consolidated transaction reporting
system operated in accordance with a
plan declared effective under Securities
Exchange Act Rule 17a–15 (a
‘‘consolidated system’’) (i) below the
price at which the last sale thereof,
regular way, was reported in such
consolidated system, or (ii) at the last
sale price unless such price is above the
next preceding different price at which
a sale of such security, regular way, was
reported in such consolidated system.
(2) Except as provided in subsection
(d) hereof, no member or member
organization shall for his or its own
account, or for the account of any other
person, effect on the Exchange a short
sale of any security not covered by
paragraph (1) of this subsection (i)
below the price at which the last sale of
such security, regular way, was effected
on the Exchange, or (ii) at the last sale
price unless such price is above the next
preceding different price at which a sale
of such security, regular way, was
effected on the Exchange.
(3) Notwithstanding paragraph (1) of
this subsection (a), the Floor Procedure
Committee, in its discretion, may
determine that it is necessary or
appropriate in the public interest or for
the protection of investors that short
sales in any security for which trades
are reported in a consolidated system be
subject to the rule set forth in paragraph
(2) hereof. Following any such
designation of any such security by the
Floor Procedure Committee, compliance
with the terms of paragraph (2) shall
constitute compliance with this
subsection (a).
Marked ‘‘Long’’ or ‘‘Short’’
(b) No member or member
organization of the Exchange shall, by
the use of any facility of the Exchange,
execute any sell order unless such order
is marked either ‘‘long’’ or ‘‘short’’.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Marking Orders
(c) No member or member
organization of the Exchange shall mark
a sell order ‘‘long’’ unless (1) the
security to be delivered after sale is
carried in the account for which the sale
is to be effected, or (2) such member or
member organization is informed that
the seller owns the security ordered to
be sold, and as soon as is possible
without undue inconvenience or
expense, will deliver the security owned
to the account for which the sale is to
be effected.
Exceptions
(d) The provisions of subsection (a)
hereof shall not apply to:
(1) Any sale by any person, for an
account in which he has an interest, if
such person owns the security sold and
intends to deliver such security as soon
as possible without undue
inconvenience or expense;
(2) Any member or member
organization in respect of a sale, for an
account in which it has no interest,
pursuant to an order to sell which is
marked ‘‘long’’;
(3) Any sale of a security for which
trades are reported in a consolidated
system (except a sale to a stabilizing bid
complying with Securities Exchange Act
Rule 10b–7) by a specialist in such
security for its own account (i) effected
at a price equal to or above the last sale
reported for such security in such
consolidated system; or (ii) effected at a
price equal to the most recent offer
communicated for the security if such
offer, when communicated, was equal to
or above the last sale, regular way,
reported for such security pursuant to
an effective transaction reporting plan;
provided, however, this exemption shall
not be available for securities covered
by paragraph (3) of subsection (a)
hereof.
(4) Any sale by a specialist to offset
odd lot orders of customers;
(5) Any sale by a specialist to
liquidate a long position which is less
than a round lot, provided such sale
does not change the position of such
specialist by more than the unit of
trading;
(6) Any sale of a security for which
trades are not reported in a consolidated
system (except a sale to a stabilizing bid
complying with Securities Exchange Act
Rule 10b–7) effected with the approval
of the Exchange which is necessary to
equalize the price of such security on
the Exchange with the current price of
such security on another national
securities exchange which is the
principal exchange market for such
security;
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1490-1492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-26]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-50948; File No. SR-PCX-2004-128]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the Pacific Exchange, Inc.
Relating to the Phase-In of PCX Plus
December 29, 2004.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 29, 2004, the Pacific Exchange, Inc. (``PCX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the PCX. 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 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
PCX proposes to amend PCX Rule 6.90, governing PCX Plus, in order
to
[[Page 1491]]
extend the system phase-in period from December 31, 2004 until March
31, 2005. Below is the text of the proposed rule change. Proposed new
language is italicized; proposed deletions are bracketed.
* * * * *
Rules of the Board of Governors of the Pacific Exchange, Inc.
* * * * *
Rule 6--Options Trading
* * * * *
PCX Plus
Rule 6.90(a)--No Change.
(b) System Phase-In and Applicability of the Rules. The PCX
estimates that the rules applicable to PCX Plus will be implemented
gradually on an issue-by-issue basis beginning October 6, 2003, and
will become completely operative and applicable to all options issues
by [December 31, 2004] March 31, 2005. At that time, the rules relating
to PCX Plus will supersede existing rule that are inapplicable to the
new trading environment.
(c)--(h)--No change.
* * * * *
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 PCX 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 PCX 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
The Exchange proposes to amend PCX Rule 6.90 governing the PCX Plus
system \3\ phase-in date. PCX Plus is the Exchange's electronic order
delivery, execution and reporting system for designated option issues
through which orders and Quotes with Size \4\ are consolidated for
execution and/or display. The trading system includes an electronic
communications network that enables registered Market Makers to enter
orders/Quotes with Size and execute transactions from remote locations
or the trading floor. As proposed, the Exchange seeks to extend the
date by which it expects to have PCX Plus completely operative and
applicable to all options issues from December 31, 2004 until March 31,
2005. The Exchange represents that this extension is warranted to
afford the PCX sufficient time to address any capacity issues the
system may have as a result of phasing in issues currently traded on
the Exchange and adding new issues to be traded on the Exchange.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 47838 (May 13, 2003), 68
FR 27129 (May 19, 2003) (Order Approving Proposal for PCX Plus).
\4\ See PCX Rule 6.1(b)(33) (definition of Quotes with Size).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(5),\6\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition and to protect investors
and the public interest.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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
Written comments on the proposed rule change were neither solicited
nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and subparagraph (f)(3) of Rule 19b-4
\8\ thereunder because it is concerned solely with the administration
of the Exchange. 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 or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(iii).
\8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an E-mail to rule-comments@sec.gov. Please include
File Number SR-PCX-2004-128 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW.,
Washington, DC 20549-0609.
All submissions should refer to File Number SR-PCX-2004-128. 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 (https://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 Section, 450 Fifth Street,
NW., Washington, DC 20549. Copies of such 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-PCX-2004-128 and should be
submitted on or before January 28, 2005.
[[Page 1492]]
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-26 Filed 1-6-05; 8:45 am]
BILLING CODE 8010-01-P
