Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Relating to Fees Relating to Merger Spreads and Dividend Spreads, 22381-22382 [E5-2050]
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Notices
delinquent in its periodic filing
obligations under Section 13(a) of the
Securities Exchange Act of 1934, having
not filed a periodic report since the
period ending June 30, 2002.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on April 27,
2005, through 11:59 p.m. EDT on May
10, 2005.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 05–8671 Filed 4–27–05; 12:01 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51596; File No. SR–Phlx–
2005–19]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change and Amendment No. 1
Relating to Fees Relating to Merger
Spreads and Dividend Spreads
April 21, 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 March 23,
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, II, and III below, which Items
have been prepared by the Exchange.
The Phlx submitted Amendment No. 1
to the proposal on April 19, 2005.3 The
proposed rule change, as amended, has
been filed by the Phlx as establishing or
changing a due, fee, or other charge,
pursuant to Section 19(b)(3)(A)(ii) of the
Act 4 and Rule 19b–4(f)(2) 5 thereunder,
which renders the proposal effective
upon filing with the Commission. The
Commission is publishing this notice to
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Amendment No. 1 made clarifying and minor
technical changes to the text of the proposal and
specified that the proposed fee cap will be in effect
as a pilot program that will expire on September 1,
2005.
4 15 U.S.C. 78s(b)(3)(A)(ii).
5 17 CFR 240.19b–4(f)(2).
2 17
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16:04 Apr 28, 2005
Jkt 205001
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 proposes to amend its
schedule of fees to provide a rebate for
certain trades executed pursuant to a
merger spread strategy.6 Specifically,
the Exchange proposes to rebate $0.08
per contract side for Registered Options
Trader (‘‘ROTs’’) executions and $0.07
per contract side for specialist
executions made pursuant to a merger
spread strategy on the business day
prior to the date on which shareholders
of record are required to elect their
respective form of consideration (i.e.,
cash or stock).
In addition, the Exchange proposes to
adopt a fee cap on equity option
transaction and comparison charges on
both dividend spread transactions 7 and
merger spread transactions. ROTs’ and
specialists’ equity option transaction
and comparison charges will be capped
at $1,750 for transactions effected
pursuant to a dividend spread strategy
or merger spread strategy executed on
the same trading day in the same
options class. The cap will be
implemented after any applicable
rebates are applied to ROT and
specialist equity option transaction and
comparison charges. The proposed
rebate and cap would be effective for
trades settling on or after March 24,
2005.
The proposed fee cap will be in effect
as a pilot program that will expire on
September 1, 2005.
The Exchange also proposes to delete
a reference from its Summary of Equity
Option Charges to the Exchange’s
Specialist Unit Fixed Monthly Fee
(‘‘fixed monthly fee’’), as that fee is no
longer in effect.8
6 For purposes of this proposal the Exchange
defines a ‘‘merger spread’’ transaction as a
transaction executed pursuant to a merger spread
strategy involving the simultaneous purchase and
sale of options of the same class and expiration
date, but different strike prices, followed by the
exercise of the resulting long options position, each
executed prior to the date on which shareholders
of record are required to elect their respective form
of consideration, i.e., cash or stock.
7 For purposes of this proposal, a ‘‘dividend
spread’’ transaction is any trade done within a
defined time frame pursuant to a strategy in which
a dividend arbitrage can be achieved between any
two deep-in-the-money options.
8 The fixed monthly fee was in effect for
transactions settling through August 31, 2004. See
Securities Exchange Act Release Nos. 49467 (March
24, 2004), 69 FR 17017 (March 31, 2004) (SR–Phlx–
2004–17); 49693 (May 12, 2004), 69 FR 28974 (May
19, 2004) (SR–Phlx–2004–30); and 50229 (August
23, 2004), 69 FR 52953 (August 30, 2004) (SR–Phlx–
2004–42). The Exchange previously deleted
references to the Exchange’s fixed monthly fee from
PO 00000
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Fmt 4703
Sfmt 4703
22381
The text of the proposed rule change
is available on the Phlx’s Web site
(https://www.phlx.com), at the Phlx’s
Office of the Secretary, 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
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
may be examined at the places specified
in Item IV below. The Phlx 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, as amended, is to adopt a rebate
for contracts executed in trades
occurring as part of a merger spread
strategy to create a cost effective
environment for these types of
transactions to be executed.
The Exchange provides a rebate for
certain contracts executed in trades
occurring as part of a dividend spread
strategy. Specifically, for those options
contracts executed pursuant to a
dividend spread strategy, the Exchange
rebates $0.08 per contract side for ROTs
executions and $0.07 per side for
specialist executions on the business
day before the underlying stock’s exdate.9 Because the Exchange believes
that merger spread transactions have
similar economic risks and are executed
in similar ways as dividend spread
transactions, the Exchange believes that
adopting these fees will encourage
specialists and ROTs to provide
liquidity for these types of financial
strategies and should permit the
Exchange to remain competitive.
Similar to the dividend spread
strategy rebate process, the Exchange’s
billing system is unable at this time to
distinguish between merger spread
transactions and other types of trades.
The Exchange has therefore developed a
manual procedure to implement the
its fee schedule, but inadvertently omitted this
reference. See Securities Exchange Act Release No.
50676 (November 16, 2004), 69 FR 68206
(November 23, 2004) (SR–Phlx–2004–67).
9 The ex-date is the date on or after which a
security is traded without a previously declared
dividend or distribution. After the ex-date, a stock
is said to trade ex-dividend.
E:\FR\FM\29APN1.SGM
29APN1
22382
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Notices
proposed rebate. Thus, to qualify a
transaction for the rebate process, a
written rebate request, along with
supporting documentation, must be
submitted to the Exchange.10
The purpose of capping the ROT and
specialist transaction and comparison
fees for merger spread and dividend
spread transactions at $1,750 is to
attract additional liquidity to the
Exchange.11 The purpose of deleting the
reference to the fixed monthly fee is to
update the Exchange’s fee schedule to
eliminate a reference to a fee that is no
longer in effect.
2. Statutory Basis
The Exchange believes that its
proposal to amend its schedule of fees
is consistent with section 6(b) of the
Act,12 in general, and furthers the
objectives of section 6(b)(4) of the Act,13
in particular, in that it is an equitable
allocation of reasonable fees among
Exchange members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change, as amended,
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
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change,
as amended, has become effective
pursuant to section 19(b)(3)(A)(ii) of the
Act 14 and Rule 19b–4(f)(2) 15
thereunder, because it changes a fee
imposed by the Exchange. At any time
within 60 days of the filing of the
proposed rule change, as amended, the
10 Specifically, within 30 calendar days of the
billing period (i.e., within thirty days from the issue
date of the invoice) for these transactions, a written
request, along with the appropriate documentation,
must be completed and submitted to the Exchange.
After the appropriate verification and subsequent
acceptance, the Exchange would credit the
appropriate member’s account for the amount of the
rebate (i.e., either $0.08 or $0.07 per contract side)
on contracts executed in trades occurring as part of
a merger-acquisition strategy.
11 Similar to the rebate process described above,
members who wish to benefit from the proposed fee
cap will be required to submit to the Exchange a
written rebate request with supporting
documentation.
12 15 U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(4).
14 15 U.S.C. 78(s)(b)(3)(A)(ii).
15 17 CFR 240.19b–4(f)(2).
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16:04 Apr 28, 2005
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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.16
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–Phlx–2005–19 on the
subject line.
submissions should refer to File
Number SR–Phlx–2005–19 and should
be submitted on or before May 20, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–2050 Filed 4–28–05; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
Region IV Small Business Regulatory
Fairness Board; Public Federal
Regulatory Enforcement Fairness
Hearing
The U.S. Small Business
Administration, Region IV Small
Business Regulatory Fairness Board and
the SBA Office of the National
Ombudsman will hold a public hearing
on Thursday, May 26, 2005, at 8:30 a.m.,
Paper Comments
at the Mobile Chamber of Commerce,
• Send paper comments in triplicate
McGowin Room, 451 Government
to Jonathan G. Katz, Secretary,
Street, Mobile AL 36602–2319, phone
Securities and Exchange Commission,
(251) 433–6951, to receive comments
450 Fifth Street, NW., Washington, DC
and testimony from small business
20549–0609.
owners, small government entities, and
All submissions should refer to File
small non-profit organizations
Number SR–Phlx–2005–19. This file
concerning regulatory enforcement and
number should be included on the
compliance actions taken by Federal
subject line if e-mail is used. To help the agencies.
Commission process and review your
Anyone wishing to attend or to make
comments more efficiently, please use
a presentation must contact L.D. Ralph
only one method. The Commission will in writing or by fax, in order to be put
post all comments on the Commission’s on the agenda. L.D. Ralph, Loan
Internet Web site (https://www.sec.gov/
Specialist, SBA Alabama District Office,
rules/sro.shtml). Copies of the
801 Tom Martin Drive, Suite 201,
submission, all subsequent
Birmingham, AL 35211, phone (205)
amendments, all written statements
290–7101, Ext. 237, fax (202) 481–4009,
with respect to the proposed rule
e-mail: lafero.ralph@sba.gov.
change that are filed with the
For more information, please see our
Commission, and all written
Web site at https://www.sba.gov/
communications relating to the
ombudsman.
proposed rule change between the
Commission and any person, other than Matthew K. Becker,
Committee Management Officer.
those that may be withheld from the
[FR Doc. 05–8566 Filed 4–28–05; 8:45 am]
public in accordance with the
BILLING CODE 8025–01–P
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of the filing also will be
DEPARTMENT OF STATE
available for inspection and copying at
[Public Notice 5059]
the principal office of the Phlx. All
comments received will be posted
Notice of Availability of Environmental
without change; the Commission does
Assessment and Finding of No
not edit personal identifying
Significant Impact for International
information from submissions. You
Bridge at Calais, ME
should submit only information that
you wish to make available publicly. All AGENCY: Office of Canadian Affairs,
Department of State.
16 See 15 U.S.C. 78s(b)(3)(C). For purposes of
ACTION: Notice.
calculation the 60-day abrogation period, the
Commission considers the period to commence on
April 19, 2005, the date the Phlx filed Amendment
No. 1.
PO 00000
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17 17
E:\FR\FM\29APN1.SGM
CFR 200.30–3(a)(12).
29APN1
Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Notices]
[Pages 22381-22382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2050]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-51596; File No. SR-Phlx-2005-19]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Relating to Fees Relating to Merger Spreads and
Dividend Spreads
April 21, 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 March 23, 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, II,
and III below, which Items have been prepared by the Exchange. The Phlx
submitted Amendment No. 1 to the proposal on April 19, 2005.\3\ The
proposed rule change, as amended, has been filed by the Phlx as
establishing or changing a due, fee, or other charge, pursuant to
Section 19(b)(3)(A)(ii) of the Act \4\ and Rule 19b-4(f)(2) \5\
thereunder, 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Amendment No. 1 made clarifying and minor technical changes
to the text of the proposal and specified that the proposed fee cap
will be in effect as a pilot program that will expire on September
1, 2005.
\4\ 15 U.S.C. 78s(b)(3)(A)(ii).
\5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Phlx proposes to amend its schedule of fees to provide a rebate
for certain trades executed pursuant to a merger spread strategy.\6\
Specifically, the Exchange proposes to rebate $0.08 per contract side
for Registered Options Trader (``ROTs'') executions and $0.07 per
contract side for specialist executions made pursuant to a merger
spread strategy on the business day prior to the date on which
shareholders of record are required to elect their respective form of
consideration (i.e., cash or stock).
---------------------------------------------------------------------------
\6\ For purposes of this proposal the Exchange defines a
``merger spread'' transaction as a transaction executed pursuant to
a merger spread strategy involving the simultaneous purchase and
sale of options of the same class and expiration date, but different
strike prices, followed by the exercise of the resulting long
options position, each executed prior to the date on which
shareholders of record are required to elect their respective form
of consideration, i.e., cash or stock.
---------------------------------------------------------------------------
In addition, the Exchange proposes to adopt a fee cap on equity
option transaction and comparison charges on both dividend spread
transactions \7\ and merger spread transactions. ROTs' and specialists'
equity option transaction and comparison charges will be capped at
$1,750 for transactions effected pursuant to a dividend spread strategy
or merger spread strategy executed on the same trading day in the same
options class. The cap will be implemented after any applicable rebates
are applied to ROT and specialist equity option transaction and
comparison charges. The proposed rebate and cap would be effective for
trades settling on or after March 24, 2005.
---------------------------------------------------------------------------
\7\ For purposes of this proposal, a ``dividend spread''
transaction is any trade done within a defined time frame pursuant
to a strategy in which a dividend arbitrage can be achieved between
any two deep-in-the-money options.
---------------------------------------------------------------------------
The proposed fee cap will be in effect as a pilot program that will
expire on September 1, 2005.
The Exchange also proposes to delete a reference from its Summary
of Equity Option Charges to the Exchange's Specialist Unit Fixed
Monthly Fee (``fixed monthly fee''), as that fee is no longer in
effect.\8\
---------------------------------------------------------------------------
\8\ The fixed monthly fee was in effect for transactions
settling through August 31, 2004. See Securities Exchange Act
Release Nos. 49467 (March 24, 2004), 69 FR 17017 (March 31, 2004)
(SR-Phlx-2004-17); 49693 (May 12, 2004), 69 FR 28974 (May 19, 2004)
(SR-Phlx-2004-30); and 50229 (August 23, 2004), 69 FR 52953 (August
30, 2004) (SR-Phlx-2004-42). The Exchange previously deleted
references to the Exchange's fixed monthly fee from its fee
schedule, but inadvertently omitted this reference. See Securities
Exchange Act Release No. 50676 (November 16, 2004), 69 FR 68206
(November 23, 2004) (SR-Phlx-2004-67).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Phlx's Web
site (https://www.phlx.com), at the Phlx's Office of the Secretary, 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 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 may be examined at the places specified in
Item IV below. The Phlx 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, as amended, is to adopt a
rebate for contracts executed in trades occurring as part of a merger
spread strategy to create a cost effective environment for these types
of transactions to be executed.
The Exchange provides a rebate for certain contracts executed in
trades occurring as part of a dividend spread strategy. Specifically,
for those options contracts executed pursuant to a dividend spread
strategy, the Exchange rebates $0.08 per contract side for ROTs
executions and $0.07 per side for specialist executions on the business
day before the underlying stock's ex-date.\9\ Because the Exchange
believes that merger spread transactions have similar economic risks
and are executed in similar ways as dividend spread transactions, the
Exchange believes that adopting these fees will encourage specialists
and ROTs to provide liquidity for these types of financial strategies
and should permit the Exchange to remain competitive.
---------------------------------------------------------------------------
\9\ The ex-date is the date on or after which a security is
traded without a previously declared dividend or distribution. After
the ex-date, a stock is said to trade ex-dividend.
---------------------------------------------------------------------------
Similar to the dividend spread strategy rebate process, the
Exchange's billing system is unable at this time to distinguish between
merger spread transactions and other types of trades. The Exchange has
therefore developed a manual procedure to implement the
[[Page 22382]]
proposed rebate. Thus, to qualify a transaction for the rebate process,
a written rebate request, along with supporting documentation, must be
submitted to the Exchange.\10\
The purpose of capping the ROT and specialist transaction and
comparison fees for merger spread and dividend spread transactions at
$1,750 is to attract additional liquidity to the Exchange.\11\ The
purpose of deleting the reference to the fixed monthly fee is to update
the Exchange's fee schedule to eliminate a reference to a fee that is
no longer in effect.
---------------------------------------------------------------------------
\10\ Specifically, within 30 calendar days of the billing period
(i.e., within thirty days from the issue date of the invoice) for
these transactions, a written request, along with the appropriate
documentation, must be completed and submitted to the Exchange.
After the appropriate verification and subsequent acceptance, the
Exchange would credit the appropriate member's account for the
amount of the rebate (i.e., either $0.08 or $0.07 per contract side)
on contracts executed in trades occurring as part of a merger-
acquisition strategy.
\11\ Similar to the rebate process described above, members who
wish to benefit from the proposed fee cap will be required to submit
to the Exchange a written rebate request with supporting
documentation.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal to amend its schedule of
fees is consistent with section 6(b) of the Act,\12\ in general, and
furthers the objectives of section 6(b)(4) of the Act,\13\ in
particular, in that it is an equitable allocation of reasonable fees
among Exchange members.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change, as
amended, 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
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change, as amended, has become
effective pursuant to section 19(b)(3)(A)(ii) of the Act \14\ and Rule
19b-4(f)(2) \15\ thereunder, because it changes a fee imposed by the
Exchange. At any time within 60 days of the filing of the proposed rule
change, as amended, 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.\16\
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78(s)(b)(3)(A)(ii).
\15\ 17 CFR 240.19b-4(f)(2).
\16\ See 15 U.S.C. 78s(b)(3)(C). For purposes of calculation the
60-day abrogation period, the Commission considers the period to
commence on April 19, 2005, the date the Phlx filed Amendment No. 1.
---------------------------------------------------------------------------
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-Phlx-2005-19 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-Phlx-2005-19. 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 Room. Copies of the
filing also will 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 Number SR-Phlx-2005-19 and should be submitted on or before May
20, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------
\17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-2050 Filed 4-28-05; 8:45 am]
BILLING CODE 8010-01-P