Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to SIG Indices, LLLP, 10015-10017 [E5-800]

Download as PDF Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 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)(ii) 6 of the Act and subparagraph (f)(2) of Act Rule 19b–4 thereunder,7 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 could have summarily abrogated such rule change if it appeared to the Commission that such action was necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance 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–PCX–2004–130 on the subject line. 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. Copies of such filing will also be available for inspection and copying at the principal office of the PCX. 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–2004–130 and should be submitted on or before March 22, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.8 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–808 Filed 2–28–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51239; File No. SR–Phlx– 2005–13] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to SIG Indices, LLLP February 22, 2005. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Paper Comments notice is hereby given that on February • Send paper comments in triplicate 16, 2005, the Philadelphia Stock to Jonathan G. Katz, Secretary, Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Securities and Exchange Commission, filed with the Securities and Exchange 450 Fifth Street, NW., Washington, DC Commission (‘‘Commission’’) the 20549–0609. proposed rule change as described in All submissions should refer to File items I and II below, which items have Number SR–PCX–2004–130. This file been prepared by the Phlx. The number should be included on the subject line if e-mail is used. To help the Exchange has filed the proposal as a ‘‘non-controversial’’ rule change Commission process and review your pursuant to section 19(b)(3)(A) of the comments more efficiently, please use Act 3 and Rule 19b–4(f)(6) thereunder,4 only one method. Copies of the submission, all subsequent which renders it effective upon filing amendments, all written statements with the Commission. The Commission with respect to the proposed rule is publishing this notice to solicit change that are filed with the comments on the proposed rule change Commission, and all written from interested persons. communications relating to the proposed rule change between the 8 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). Commission and any person, other than 2 17 CFR 240.19b–4. U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 240.19b–4(f)(2). VerDate jul<14>2003 14:21 Feb 28, 2005 3 15 Jkt 205001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 10015 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to amend Phlx Rule 1104A, SIG Indices, LLLP Indexes, to add five new SIG indices licensed by Susquehanna Indices, LLLP (‘‘SI’’) to the Exchange. Phlx Rule 1104A provides generally that SI makes no express or implied warranty as to results to be obtained by any person or entity from the use of any of the SIG indexes, and makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to any of the named indexes. The text of the proposed rule change is below. Proposed new language is in italics; proposed deletions are in [brackets]. * * * * * Rule 1104A. SIG Indices, LLLP [Indexes] SIG Indices, LLLP makes no warranty, express or implied, as to results to be obtained by any person or any entity from the use of the SIG Investment Managers IndexTM, the SIG Cable, Media & Entertainment IndexTM, the SIG Casino Gaming IndexTM, the SIG Semiconductor Equipment IndexTM, [and ]the SIG Semiconductor Device IndexTM, the SIG Specialty Retail IndexTM, the SIG Steel Producers IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education IndexTM, and the SIG Restaurant IndexTM or any data included therein in connection with the trading of option contracts thereon, or for any other use. SIG Indices, LLLP makes no express or implied warranties of merchantability or fitness for a particular purpose for use with respect to the SIG Investment Managers IndexTM, the SIG Cable, Media & Entertainment IndexTM, the SIG Casino Gaming IndexTM, the SIG Semiconductor Equipment IndexTM, [and ]the SIG Semiconductor Device IndexTM, the SIG Specialty Retail IndexTM, the SIG Steel Producers IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education IndexTM, and the SIG Restaurant IndexTM or any data included therein. * * * * * 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 Phlx 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 E:\FR\FM\01MRN1.SGM 01MRN1 10016 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 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 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 purpose of the proposed rule change is to amend Phlx Rule 1104A, which applies to indexes maintained by SIG Indices, LLLP, to include five indexes recently licensed by SI to the Exchange.5 The rule currently provides generally that SI makes no warranty, express or implied, as to results to be obtained by any person or entity from the use of the SIG Investment Managers IndexTM, the SIG Cable, Media & Entertainment IndexTM, the SIG Casino Gaming IndexTM, the SIG Semiconductor Equipment IndexTM, and the SIG Semiconductor Device IndexTM, and that SI makes no express or implied warranties of merchantability or fitness for a particular purpose for use with respect to any of the named indexes or any data included therein.6 The Exchange is now proposing to amend Phlx Rule 1104A to expand the coverage of the rule to include the five newlylicensed and listed indexes—the SIG Specialty Retail IndexTM, the SIG Steel Producers IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education IndexTM, and the SIG Restaurant IndexTM—as required by the license agreement issued to the Exchange.7 5 The Exchange currently lists options on the SIG Investment Managers IndexTM, the SIG Cable, Media & Entertainment IndexTM, the SIG Casino Gaming IndexTM, the SIG Semiconductor Equipment IndexTM, the SIG Semiconductor Device IndexTM, and on newly-licensed indexes—the SIG Steel Producers IndexTM, the SIG Specialty Retail IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education IndexTM, and the SIG Restaurant IndexTM, pursuant to a license agreement with Susquehanna Indices, LLLP and Exchange Rule 1009A(b). The indexes are trademarks of SIG Indices, LLLP. 6 The Exchange noted in its filing to adopt Phlx Rule 1104A that the proposed disclaimer was appropriate given that it was similar to disclaimer provisions of American Stock Exchange Rule 902C relating to indexes underlying options listed on that exchange. See Securities Exchange Act Release No. 48135 (July 7, 2003), 68 FR 42154 (July 16, 2003)(approving SR–Phlx–2003–21). The Exchange recently amended Phlx Rule 1104A to include the SIG Casino Gaming IndexTM, the SIG Semiconductor Equipment IndexTM, and the SIG Semiconductor Device IndexTM, as required by the license agreement between SI and the Exchange. See Securities Exchange Act Release No. 50333 (September 9, 2004), 69 FR 55860 (September 16, 2004)(SR–Phlx–2004–48). 7 The SIG Specialty Retail IndexTM, the SIG Footwear & Athletic IndexTM, the SIG Education VerDate jul<14>2003 14:21 Feb 28, 2005 Jkt 205001 2. Statutory Basis The Exchange believes that its proposal 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 foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, 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. The Exchange believes that the proposed rule should encourage SI to continue to maintain the SIG Indices so that options on them may be traded on the Exchange, thereby providing investors with enhanced investment opportunities. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition. 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 proposed rule change has been designated by the Phlx as a ‘‘noncontroversial’’ rule change pursuant to Section 19(b)(3)(A) of the Act 10 and subparagraph (f)(6) of Rule 19b–4 thereunder.11 The foregoing rule change: (1) Does not significantly affect the protection of investors or the public interest, (2) does not impose any significant burden on competition, and (3) by its terms does not become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest. As required under Rule 19b–4(f)(6)(iii), the Phlx provided the Commission with written notice of its intent to file the IndexTM, and the SIG Restaurant IndexTM were listed pursuant to Rule 19b–4(e) under the Act on January 5, 2005, and the SIG Steel Producers IndexTM was listed on December 21, 2004 (amended January 13, 2005). 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b–4(f)(6). PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 proposed rule change at least five business days prior to filing the proposal with the Commission or such shorter period as designated by the Commission.12 Consequently, the proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act 13 and Rule 19b–4(f)(6) thereunder.14 Pursuant to Rule 19b-4(f)(6)(iii),15 a proposed ‘‘non-controversial’’ rule change 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. The Phlx has requested that the Commission waive the 30-day operative delay. The Commission has determined that it would be consistent with the protection of investors and the public interest to waive the 30-day period so that all SIG indices are treated uniformly.16 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 No. SR–Phlx–2005–13 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 No. SR–Phlx–2005–13. This file number 12 17 CFR 240.19b–4(f)(6)(iii). U.S.C. 78s(b)(3)(A). 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6)(iii). 16 For the purposes only of accelerating the operative date of this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 13 15 E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices 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 Room, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of the Phlx. 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 No. SR–Phlx–2005– 13 and should be submitted on or before March 21, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.17 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–800 Filed 2–28–05; 8:45 am] BILLING CODE 8010–01–P SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration (SSA) publishes a list of information collection packages that will require clearance by the Office of Management and Budget (OMB) in compliance with Public Law 104–13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for revisions to OMBapproved information collections and extensions (no change) of OMBapproved information collections. SSA is soliciting comments on the accuracy of the agency’s burden estimate; the need for the information; its practical utility; ways to enhance its 17 17 CFR 200.30–3(a)(12). VerDate jul<14>2003 14:21 Feb 28, 2005 Jkt 205001 quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the OMB Desk Officer and the SSA Reports Clearance Officer. The information can be mailed and/or faxed to the individuals at the addresses and fax numbers listed below: (OMB), Office of Management and Budget, Fax: 202–395–6974. (SSA), Social Security Administration, DCFAM, Attn: Reports Clearance Officer, 1338 Annex Building, 6401 Security Blvd., Baltimore, MD 21235, Fax: 410–965–6400. I. The information collections listed below are pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of this publication. You can obtain a copy of the collection instrument by calling the SSA Reports Clearance Officer at (410) 965–0454 or by writing to the address listed above. State Agency Ticket Assignment Form—Ticket to Work and Self Sufficiency Program—0960–0641. SSA uses the information collected on form SSA–1365 to determine proper assignment under the Ticket to Work program and payment option. This will be done through the contracted Program Manager. The State Vocational Rehabilitation Agency (VRA) completes the form and the beneficiary reviews the data. The beneficiary will sign the form to acknowledge the assignment of their ticket to that agency. Respondents are the State VRAs. Type of Request: Revision of an OMBapproved information collection. Number of Respondents: 82. Frequency of Response: 50. Average Burden Per Response: 3 minutes. Estimated Annual Burden: 205 hours. II. The information collections listed below have been submitted to OMB for clearance. Your comments on the information collections would be most useful if received by OMB and SSA within 30 days from the date of this publication. You can obtain a copy of the OMB clearance packages by calling the SSA Reports Clearance Officer at (410) 965–0454, or by writing to the address listed above. 1. Application for Survivors Benefits—20 CFR 404.611 (a) and (c)— 0960–0062. The information collected by form SSA–24 is needed to satisfy the ‘‘Joint Prescribed Application’’ of Title 38 U.S.C. 5105. That provision requires PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 10017 that survivors who file with either SSA or the Department of Veterans Affairs (VA) shall be deemed to have filed with both agencies, and that each agency’s forms must request sufficient information to constitute an application for both SSA and VA benefits. The respondents are survivors of members or former members of the armed services. When form SSA–24 is received by SSA from the VA, an earnings record is requested to determine if insured status exists so that the claimant will complete the appropriate SSA survivor application. If entitlement does not exist, SSA may disallow the claim. If an SSA survivor application has already been filed, form SSA–24 is treated as a duplicate application. Type of Request: Extension of an OMB-approved information collection. Number of Respondents: 3,200. Frequency of Response: 1. Average Burden Per Response: 15 minutes. Estimated Annual Burden: 800 hours. 2. Continuing Disability Review Report—20 CFR 404.1589, 20 CFR 416.989—0960–0072. We use form SSA–454–BK to collect information from individuals receiving disability benefits or their representatives. We evaluate the information to determine whether the individuals remain eligible for benefit payments. Adults are considered eligible for payment if they continue to be unable to do substantial gainful activity (SGA) by reason of their impairments. Title XVI children are considered eligible for payment if they still have marked and severe functional limitations by reason of their impairments. We obtain information concerning sources of medical treatment, participation in vocational rehabilitation programs (if any), attempts to work (if any), and the opinions of individuals regarding whether their conditions have improved. Type of Request: Revision of an OMBapproved information collection. Number of Respondents: 792,020. Frequency of Response: 1. Average Burden Per Response: 45 minutes. Estimated Annual Burden: 594,015 hours. Quarterly Statistical Report on Recipients and Payments Under StateAdministered Assistance Programs for Aged, Blind and Disabled (Individuals and Couples) Recipients—20 CFR 416.2010, 20 CFR 416.2098—0960– 0130. The purpose of the statistical report is to obtain State data on expenditures and caseloads of Stateadministered supplementation under the Supplemental Security Income (SSI) E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 10015-10017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-800]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51239; File No. SR-Phlx-2005-13]


Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to SIG Indices, LLLP

February 22, 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 February 16, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx'' 
or ``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 by the Phlx. The Exchange has 
filed the proposal as a ``non-controversial'' rule change pursuant to 
section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ 
which renders it 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 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Phlx proposes to amend Phlx Rule 1104A, SIG Indices, LLLP 
Indexes, to add five new SIG indices licensed by Susquehanna Indices, 
LLLP (``SI'') to the Exchange. Phlx Rule 1104A provides generally that 
SI makes no express or implied warranty as to results to be obtained by 
any person or entity from the use of any of the SIG indexes, and makes 
no express or implied warranties of merchantability or fitness for a 
particular purpose with respect to any of the named indexes.
    The text of the proposed rule change is below. Proposed new 
language is in italics; proposed deletions are in [brackets].
* * * * *
Rule 1104A. SIG Indices, LLLP [Indexes]
    SIG Indices, LLLP makes no warranty, express or implied, as to 
results to be obtained by any person or any entity from the use of the 
SIG Investment Managers IndexTM, the SIG Cable, Media & 
Entertainment IndexTM, the SIG Casino Gaming 
IndexTM, the SIG Semiconductor Equipment IndexTM, 
[and ]the SIG Semiconductor Device IndexTM, the SIG 
Specialty Retail IndexTM, the SIG Steel Producers 
IndexTM, the SIG Footwear & Athletic IndexTM, the 
SIG Education IndexTM, and the SIG Restaurant 
IndexTM or any data included therein in connection with the 
trading of option contracts thereon, or for any other use. SIG Indices, 
LLLP makes no express or implied warranties of merchantability or 
fitness for a particular purpose for use with respect to the SIG 
Investment Managers IndexTM, the SIG Cable, Media & 
Entertainment IndexTM, the SIG Casino Gaming 
IndexTM, the SIG Semiconductor Equipment IndexTM, 
[and ]the SIG Semiconductor Device IndexTM, the SIG 
Specialty Retail IndexTM, the SIG Steel Producers 
IndexTM, the SIG Footwear & Athletic IndexTM, the 
SIG Education IndexTM, and the SIG Restaurant 
IndexTM or any data included therein.
* * * * *

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 Phlx 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

[[Page 10016]]

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 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 purpose of the proposed rule change is to amend Phlx Rule 
1104A, which applies to indexes maintained by SIG Indices, LLLP, to 
include five indexes recently licensed by SI to the Exchange.\5\
---------------------------------------------------------------------------

    \5\ The Exchange currently lists options on the SIG Investment 
Managers IndexTM, the SIG Cable, Media & Entertainment 
IndexTM, the SIG Casino Gaming IndexTM, the 
SIG Semiconductor Equipment IndexTM, the SIG 
Semiconductor Device IndexTM, and on newly-licensed 
indexes--the SIG Steel Producers IndexTM, the SIG 
Specialty Retail IndexTM, the SIG Footwear & Athletic 
IndexTM, the SIG Education IndexTM, and the 
SIG Restaurant IndexTM, pursuant to a license agreement 
with Susquehanna Indices, LLLP and Exchange Rule 1009A(b). The 
indexes are trademarks of SIG Indices, LLLP.
---------------------------------------------------------------------------

    The rule currently provides generally that SI makes no warranty, 
express or implied, as to results to be obtained by any person or 
entity from the use of the SIG Investment Managers IndexTM, 
the SIG Cable, Media & Entertainment IndexTM, the SIG Casino 
Gaming IndexTM, the SIG Semiconductor Equipment 
IndexTM, and the SIG Semiconductor Device 
IndexTM, and that SI makes no express or implied warranties 
of merchantability or fitness for a particular purpose for use with 
respect to any of the named indexes or any data included therein.\6\ 
The Exchange is now proposing to amend Phlx Rule 1104A to expand the 
coverage of the rule to include the five newly-licensed and listed 
indexes--the SIG Specialty Retail IndexTM, the SIG Steel 
Producers IndexTM, the SIG Footwear & Athletic 
IndexTM, the SIG Education IndexTM, and the SIG 
Restaurant IndexTM--as required by the license agreement 
issued to the Exchange.\7\
---------------------------------------------------------------------------

    \6\ The Exchange noted in its filing to adopt Phlx Rule 1104A 
that the proposed disclaimer was appropriate given that it was 
similar to disclaimer provisions of American Stock Exchange Rule 
902C relating to indexes underlying options listed on that exchange. 
See Securities Exchange Act Release No. 48135 (July 7, 2003), 68 FR 
42154 (July 16, 2003)(approving SR-Phlx-2003-21). The Exchange 
recently amended Phlx Rule 1104A to include the SIG Casino Gaming 
IndexTM, the SIG Semiconductor Equipment 
IndexTM, and the SIG Semiconductor Device 
IndexTM, as required by the license agreement between SI 
and the Exchange. See Securities Exchange Act Release No. 50333 
(September 9, 2004), 69 FR 55860 (September 16, 2004)(SR-Phlx-2004-
48).
    \7\ The SIG Specialty Retail IndexTM, the SIG 
Footwear & Athletic IndexTM, the SIG Education 
IndexTM, and the SIG Restaurant IndexTM were 
listed pursuant to Rule 19b-4(e) under the Act on January 5, 2005, 
and the SIG Steel Producers IndexTM was listed on 
December 21, 2004 (amended January 13, 2005).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal 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 foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, 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. 
The Exchange believes that the proposed rule should encourage SI to 
continue to maintain the SIG Indices so that options on them may be 
traded on the Exchange, thereby providing investors with enhanced 
investment opportunities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 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 inappropriate burden on competition.

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 proposed rule change has been designated by the Phlx as a 
``non-controversial'' rule change pursuant to Section 19(b)(3)(A) of 
the Act \10\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The foregoing rule change: (1) Does not significantly affect the 
protection of investors or the public interest, (2) does not impose any 
significant burden on competition, and (3) by its terms does not become 
operative for 30 days after the date of this filing, or such shorter 
time as the Commission may designate, if consistent with the protection 
of investors and the public interest. As required under Rule 19b-
4(f)(6)(iii), the Phlx provided the Commission with written notice of 
its intent to file the proposed rule change at least five business days 
prior to filing the proposal with the Commission or such shorter period 
as designated by the Commission.\12\ Consequently, the proposed rule 
change has become effective pursuant to section 19(b)(3)(A) of the Act 
\13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Pursuant to Rule 19b-4(f)(6)(iii),\15\ a proposed ``non-
controversial'' rule change 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. The Phlx has requested that the Commission waive the 30-day 
operative delay. The Commission has determined that it would be 
consistent with the protection of investors and the public interest to 
waive the 30-day period so that all SIG indices are treated 
uniformly.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For the purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule'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.

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 No. SR-Phlx-2005-13 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 No. SR-Phlx-2005-13. This file 
number

[[Page 10017]]

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 Room, 450 Fifth Street, NW., Washington, 
DC 20549. Copies of such filing will also be available for inspection 
and copying at the principal office of the Phlx. 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 No. SR-Phlx-2005-13 and should be submitted on or 
before March 21, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-800 Filed 2-28-05; 8:45 am]
BILLING CODE 8010-01-P
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