Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Order Granting Accelerated Approval to a Proposed Rule Change Relating to the Extension of the Suspension of Customer Transaction Charges for the Trading of Nasdaq-100 Index Tracking Stock®, 2191-2193 [E5-66]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Electronic Comments
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–16781 or; 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 1–16781. This file number
should be included on the subject line
if e-mail is used. To help us 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/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room,
450 Fifth Street, NW., Washington, DC
20549. All comments received will be
posted without change; we do not edit
personal identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Jonathan G. Katz,
Secretary.
[FR Doc. E5–73 Filed 1–11–05; 8:45 am]
BILLING CODE 8010–01–P
Electronic Comments
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–00434 or;
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–00434]
Issuer Delisting; Notice of Application
of the Procter & Gamble Company To
Withdraw Its Common Stock, $1.00 Par
Value, From Listing and Registration
on the National Stock Exchange
January 6, 2005.
On December 16, 2004, the Procter &
Gamble Company, an Ohio corporation
(‘‘Issuer’’) filed an application with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to section
12(d) of the Securities Exchange Act of
1934 (‘‘Act’’)1 and Rule 12d2–2(d)
thereunder,2 to withdraw its common
stock, $1.00 par value (‘‘Security’’), from
5 17
CFR 200.30–3(a)(1).
U.S.C. 78l(d).
2 17 CFR 240.12d2–2(d).
listing and registration on the National
Stock Exchange (‘‘NSX’’).
The Board of Directors (‘‘Board’’) of
the Issuer approved a resolution on
December 14, 2004 to withdraw the
Issuer’s Security from listing and
registration on the NSX. The Board
states that the following reasons
factored into its decision to withdraw
the Issuer’s Security from the NSX; (i)
the Security will remain listed on the
New York Stock Exchange, Inc.
(‘‘NYSE’’), which accounts for
considerably higher trading volume
than the NSX; (ii) maintenance of
multiple listings requires significant
time and expense in ensuring
compliance with the rules and
disclosure requirements of both
exchanges; and (iii) the benefits of
continued listing on the NSX do not
outweigh the incremental cost and
administrative burden.
The Issuer stated in its application
that it has complied with the NSX’s
rules governing an issuer’s voluntary
withdrawal of a security from listing
and registration.
The Issuer’s application relates solely
to the withdrawal of the Security from
listing on the NSX, and shall not affect
its continued listing on the NYSE or its
registration under section 12(b) of the
Act.3
Any interested person may, on or
before February 2, 2005, comment on
the facts bearing upon whether the
application has been made in
accordance with the rules of the NSX,
and what terms, if any, should be
imposed by the Commission for the
protection of investors. All comment
letters may be submitted by either of the
following methods:
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 1–00434. This file number
should be included on the subject line
if e-mail is used. To help us 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/delist.shtml).
Comments are also available for public
inspection and copying in the
1 15
VerDate jul<14>2003
17:37 Jan 11, 2005
Commission’s Public Reference Room,
450 Fifth Street, NW., Washington, DC
20549. All comments received will be
posted without change; we do not edit
personal identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
an order granting the application after
the date mentioned above, unless the
Commission determines to order a
hearing on the matter.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.4
Jonathan G. Katz,
Secretary.
[FR Doc. E5–70 Filed 1–11–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–50969; File No. SR–Amex–
2004–111]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Order Granting
Accelerated Approval to a Proposed
Rule Change Relating to the Extension
of the Suspension of Customer
Transaction Charges for the Trading of
Nasdaq-100 Index Tracking Stock
January 6, 2005.
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
28, 2004, the American Stock Exchange
LLC (‘‘Amex’’ 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 Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons. In addition, the Commission is
granting accelerated approval of the
proposed rule change.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Amex proposes to amend the
Amex Equity and Exchange Traded
Funds and Trust Issued Receipts Fee
Schedules (‘‘Amex Fee Schedules’’) to
extend the suspension of customer
transactions charges for the trading of
4 17
CFR 200.30–3(a)(1).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
3 15
Jkt 205001
PO 00000
U.S.C. 78l(b).
Frm 00083
Fmt 4703
Sfmt 4703
2191
E:\FR\FM\12JAN1.SGM
12JAN1
2192
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Nasdaq-100 Index Tracking Stock
(Symbol: QQQQ) pursuant to the
Nasdaq Unlisted Trading Privileges Plan
until January 31, 2005.3 The text of the
proposed rule change is available at the
Office of the Secretary, Amex, and at the
Commission.
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
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it had received on the
proposed rule change. The text of these
statements may be examined at the
places specified in item III below. The
Amex 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
Effective December 1, 2004, the
Nasdaq-100 Index Tracking Stock
listed on the Nasdaq Stock Market, Inc.
It trades on Nasdaq under the symbol
QQQQ. The Amex trades the QQQQ on
an unlisted trading privileges basis. The
Amex amended the Amex Fee
Schedules to provide that the customer
transaction charges in QQQQ will be
$.0015 per share ($.15 per 100 shares),
capped at $100 per trade. The Amex,
however, has suspended these customer
transaction charges for the first month of
trading the QQQQ. The Amex is now
proposing to extend the suspension of
customer transaction charges to January
31, 2005. The Exchange believes that
this fee suspension would encourage
competition among markets trading
QQQQ and enhance the Amex’s
competitiveness in trading this security.
2. Statutory Basis
The Amex believes the proposed rule
change is consistent with section 6(b) of
the Act,4 in general, and furthers the
objectives of section 6(b)(4) of the Act,5
in particular, in that it is intended to
provide for the equitable allocation of
reasonable dues, fees and other charges
3 The
Exchange also submitted a proposed rule
change extending the suspension of the specialist’s
and registered traders’ transaction charges for the
trading of QQQQ. See File No. SR–Amex–2004–
110.
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(4).
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
among its members and issuers and
other persons using its facilities.6
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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
No written comments were solicited
or received with respect to the proposed
rule change.
III. 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:
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 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 SR–Amex–
2004–111 and should be submitted on
or before February 2, 2005.
IV. Commission’s Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
After careful consideration, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and the rules
and regulations thereunder, applicable
to a national securities exchange.7 In
particular, the Commission finds that
Electronic Comments
the proposed rule change is consistent
with section 6(b)(4) of the Act,8 in that
• Use the Commission’s Internet comment
form (https://www.sec.gov/rules/sro.shtml); or it provides for the equitable allocation
of reasonable dues, fees, and other
• Send an e-mail to rulecharges among its members and other
comments@sec.gov. Please include File
Number SR–Amex–2004–111 on the subject
persons using its facilities. The
line.
Commission believes that the proposed
change in customer transaction charges
Paper Comments
is not unreasonable and should not
• Send paper comments in triplicate to
discriminate unfairly among market
Jonathan G. Katz, Secretary, Securities and
participants.
Exchange Commission, 450 Fifth Street, NW.,
The Amex has requested that the
Washington, DC 20549–0609.
Commission find good cause for
All submissions should refer to File
approving the proposed rule change
Number SR–Amex–2004–111. This file
prior to the thirtieth day after
number should be included on the
publication of notice thereof in the
subject line if e-mail is used. To help the Federal Register. The Commission notes
Commission process and review your
that granting accelerated approval of the
comments more efficiently, please use
proposal would allow the extension of
only one method. The Commission will the suspension of customer transactions
post all comments on the Commission’s charges for the trading of QQQQ to
Internet Web site (https://www.sec.gov/
coincide with the extension of the
rules/sro.shtml). Copies of the
suspension of transaction charges for
submission, all subsequent
the specialist and registered traders for
amendments, all written statements
the trading of QQQQ.9 Accordingly, the
with respect to the proposed rule
Commission finds good cause, pursuant
change that are filed with the
to section 19(b)(2) of the Act,10 for
Commission, and all written
approving the proposed rule change
communications relating to the
prior to the thirtieth day after the date
proposed rule change between the
of publication of notice thereof in the
Commission and any person, other than Federal Register.
those that may be withheld from the
V. Conclusion
public in accordance with the
provisions of 5 U.S.C. 552, will be
It is therefore ordered, pursuant to
available for inspection and copying in
section 19(b)(2) of the Act,11 that the
the Commission’s Public Reference
proposed rule change (SR–Amex–2004–
6 The Commission changed this sentence to
reflect statutory basis for the proposed rule change
pursuant to section 6(b)(4) of the Act, rather than
section 6(b)(5). Telephone conversation between
Claire P. McGrath, Senior Vice President and
Deputy General Counsel, Amex, and Ted Venuti,
Attorney, Division of Market Regulation,
Commission (January 4, 2005).
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
7 In approving this proposal, the Commission has
considered its impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
8 15 U.S.C. 78f(b)(4).
9 See File No. SR–Amex–2004–110, supra note 3.
10 15 U.S.C. 78s(b)(2).
11 15 U.S.C. 78s(b)(2).
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
111) is hereby approved on an
accelerated basis.
Secretary, Amex, and at the
Commission.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5–66 Filed 1–11–05; 8:45 am]
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
Exchange 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
Amex has prepared summaries, set forth
in sections A, B, and C below, of the
most significant aspects of such
statements.
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–50970; File No. SR–Amex–
2004–110]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Extend
the Suspension of the Specialist’s and
Registered Traders’ Transaction
Charges for the Trading of Nasdaq-100
Index Tracking Stock
January 6, 2005.
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
28, 2004, the American Stock Exchange
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
items I, II, III below, which items have
been prepared by the Exchange. The
Amex has designated the proposed rule
change as ‘‘establishing or changing a
due, fee, or other charge’’ under section
19(b)(3)(A) of the Act,3 and Rule 19b–
4(f)(2) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Amex proposes to amend the
Amex Equity and Exchange Traded
Funds and Trust Issued Receipts Fee
Schedules (‘‘Amex Fee Schedules’’) to
extend the temporary suspension of the
specialist’s and registered traders’
transaction charges for the trading of
Nasdaq-100 Index Tracking Stock
(Symbol: QQQQ) pursuant to the
Nasdaq Unlisted Trading Privileges
Plan. The text of the proposed rule
change is available at the Office of the
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4.
1 15
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Effective December 1, 2004, the
Nasdaq-100 Index Tracking Stock
listed on the Nasdaq Stock Market, Inc.
It trades on Nasdaq under the symbol
QQQQ. The Amex trades the QQQQ on
an unlisted trading privileges basis. The
transaction charges for the specialist
and registered traders are $0.0037 ($0.37
per 100 shares) and $0.0038 ($0.38 per
100 shares) respectively. These
transaction charges are also subject to a
$300 per trade maximum. The Amex,
however, has suspended these charges
through December 31, 2004. The Amex
now proposes to amend the Amex Fee
Schedules to suspend the transaction
charges for the specialist and registered
traders until January 31, 2005. The
Exchange believes that this fee
suspension would encourage
competition among markets trading
QQQQ and enhance the Amex’s
competitiveness in trading this security.
2. Statutory Basis
The Amex believes the proposed rule
change is consistent with section 6(b) of
the Act,5 in general, and furthers the
objectives of section 6(b)(4) of the Act,6
in particular, in that it is intended to
provide for the equitable allocation of
reasonable dues, fees and other charges
among its members and issuers and
other persons using its facilities.7
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
7 The Commission changed this sentence to
reflect statutory basis for the proposed rule change
pursuant to Section 6(b)(4) of the Act, rather than
Section 6(b)(5). Telephone conversation between
Claire P. McGrath, Senior Vice President and
Deputy General Counsel, Amex, and Ted Venuti,
Attorney, Division of Market Regulation,
Commission (January 4, 2005).
PO 00000
5 15
6 15
Frm 00085
Fmt 4703
Sfmt 4703
2193
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.
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 establishes
or changes a due, fee, or other charge
imposed by the Exchange, and,
therefore, has become effective pursuant
to section 19(b)(3)(A)(ii) of the Act 8 and
subparagraph (f)(2) of Rule 19b–4
thereunder.9 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Amex–2004–110 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–Amex–2004–110. 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/
8 15
9 17
E:\FR\FM\12JAN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
12JAN1
]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2191-2193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-66]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-50969; File No. SR-Amex-2004-111]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval to a Proposed
Rule Change Relating to the Extension of the Suspension of Customer
Transaction Charges for the Trading of Nasdaq-100 Index Tracking
Stock[reg]
January 6, 2005.
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 28, 2004, the American Stock Exchange LLC (``Amex'' 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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons. In addition, the
Commission is granting accelerated approval of the proposed rule
change.
---------------------------------------------------------------------------
\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
The Amex proposes to amend the Amex Equity and Exchange Traded
Funds and Trust Issued Receipts Fee Schedules (``Amex Fee Schedules'')
to extend the suspension of customer transactions charges for the
trading of
[[Page 2192]]
Nasdaq-100 Index Tracking Stock[reg] (Symbol: QQQQ) pursuant to the
Nasdaq Unlisted Trading Privileges Plan until January 31, 2005.\3\ The
text of the proposed rule change is available at the Office of the
Secretary, Amex, and at the Commission.
---------------------------------------------------------------------------
\3\ The Exchange also submitted a proposed rule change extending
the suspension of the specialist's and registered traders'
transaction charges for the trading of QQQQ. See File No. SR-Amex-
2004-110.
---------------------------------------------------------------------------
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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it had received on the proposed rule change. The
text of these statements may be examined at the places specified in
item III below. The Amex 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
Effective December 1, 2004, the Nasdaq-100 Index Tracking
Stock[reg] listed on the Nasdaq Stock Market, Inc. It trades on Nasdaq
under the symbol QQQQ. The Amex trades the QQQQ on an unlisted trading
privileges basis. The Amex amended the Amex Fee Schedules to provide
that the customer transaction charges in QQQQ will be $.0015 per share
($.15 per 100 shares), capped at $100 per trade. The Amex, however, has
suspended these customer transaction charges for the first month of
trading the QQQQ. The Amex is now proposing to extend the suspension of
customer transaction charges to January 31, 2005. The Exchange believes
that this fee suspension would encourage competition among markets
trading QQQQ and enhance the Amex's competitiveness in trading this
security.
2. Statutory Basis
The Amex believes the proposed rule change is consistent with
section 6(b) of the Act,\4\ in general, and furthers the objectives of
section 6(b)(4) of the Act,\5\ in particular, in that it is intended to
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and issuers and other persons using its
facilities.\6\
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
\6\ The Commission changed this sentence to reflect statutory
basis for the proposed rule change pursuant to section 6(b)(4) of
the Act, rather than section 6(b)(5). Telephone conversation between
Claire P. McGrath, Senior Vice President and Deputy General Counsel,
Amex, and Ted Venuti, Attorney, Division of Market Regulation,
Commission (January 4, 2005).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange 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
No written comments were solicited or received with respect to the
proposed rule change.
III. 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-Amex-2004-111 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-Amex-2004-111. 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
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 SR-
Amex-2004-111 and should be submitted on or before February 2, 2005.
IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change
After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder, applicable to a national securities
exchange.\7\ In particular, the Commission finds that the proposed rule
change is consistent with section 6(b)(4) of the Act,\8\ in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
The Commission believes that the proposed change in customer
transaction charges is not unreasonable and should not discriminate
unfairly among market participants.
---------------------------------------------------------------------------
\7\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
\8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Amex has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
notes that granting accelerated approval of the proposal would allow
the extension of the suspension of customer transactions charges for
the trading of QQQQ to coincide with the extension of the suspension of
transaction charges for the specialist and registered traders for the
trading of QQQQ.\9\ Accordingly, the Commission finds good cause,
pursuant to section 19(b)(2) of the Act,\10\ for approving the proposed
rule change prior to the thirtieth day after the date of publication of
notice thereof in the Federal Register.
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\9\ See File No. SR-Amex-2004-110, supra note 3.
\10\ 15 U.S.C. 78s(b)(2).
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V. Conclusion
It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-Amex-2004-
[[Page 2193]]
111) is hereby approved on an accelerated basis.
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\11\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5-66 Filed 1-11-05; 8:45 am]
BILLING CODE 8010-01-P
