Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating To Exchange Fees and Charges, 28347-28348 [E5-2443]

Download as PDF Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices 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 such filing also will be available for inspection and copying at the principal office of Nasdaq. 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–NASD–2005–039 and should be submitted on or before June 7, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.12 J. Lynn Taylor, Assistant Secretary. [FR Doc. E5–2462 Filed 5–16–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51672; File No. SR–PCX– 2005–62] Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating To Exchange Fees and Charges May 9, 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 April 27, 2005, the Pacific Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by PCX. The Exchange filed this proposal pursuant to 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 PCX proposes to amend the TradeRelated Charges portion of its Schedule of Fees and Charges (‘‘Schedule’’). The text of the proposed rule change is available on PCX’s Web site (https:// www.pacificex.com), at PCX’s Office of the Secretary, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, PCX included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. PCX has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. VerDate jul<14>2003 15:22 May 16, 2005 Jkt 205001 Market Makers. The $0.21 per contract transaction fee for Market Makers is the same fee that was in place prior to the adoption of the incentive program. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,6 in general, and furthers the objectives of Section 6(b)(4) of the Act,7 in particular, in that it provides for the equitable allocation of dues, fees, and other charges among its members. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to amend the Trade-Related Charges portion of the Schedule in order to eliminate an incentive program for Market Makers with respect to transaction charges. In December 2003, the Exchange implemented an incentive program for Market Makers with respect to transaction charges.5 The purpose of the incentive program was to secure existing volumes and attract higher levels of liquidity. The incentive program has been in place for approximately sixteen months. The Exchange has reviewed the incentive program and determined that it has not had its desired effects. As such, the Exchange is proposing to eliminate the incentive program and reinstate the $0.21 per contract transaction fee for 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) of the Act 8 and subparagraph (f)(2) of Rule 19b–4 thereunder,9 because it is concerned solely with the administration of the Exchange. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 5 See Securities Exchange Act Release No. 48976 (December 23, 2003), 68 FR 75701 (December 31, 2003). PO 00000 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 3 15 4 17 12 17 28347 Frm 00079 Fmt 4703 Sfmt 4703 6 15 U.S.C. 78f(b). U.S.C. 78f(b)(4). 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b–4(f)(2). 7 15 E:\FR\FM\17MYN1.SGM 17MYN1 28348 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March Paper Comments 27, 1978, the Foreign Affairs Reform and • Send paper comments in triplicate Restructuring Act of 1998 (112 Stat. to Jonathan G. Katz, Secretary, 2681, et seq.; 22 U.S.C. 6501 note, et Securities and Exchange Commission, seq.), Delegation of Authority No. 234 of 450 Fifth Street, NW., Washington, DC October 1, 1999 (64 FR 56014), 20549–0609. Delegation of Authority No. 236 of All submissions should refer to File October 19, 1999 (64 FR 57920), as Number SR–PCX–2005–62. This file amended, and Delegation of Authority number should be included on the No. 257 of April 15, 2003 (68 FR 19875), subject line if e-mail is used. To help the I hereby determine that the objects to be Commission process and review your included in the exhibition, ‘‘The comments more efficiently, please use Mysterious Bog People,’’ imported from only one method. The Commission will abroad for temporary exhibition within post all comments on the Commission’s the United States, are of cultural Internet Web site (https://www.sec.gov/ significance. The objects are imported rules/sro.shtml). Copies of the pursuant to loan agreements with the submission, all subsequent foreign lenders. I also determine that the amendments, all written statements exhibition or display of the exhibit with respect to the proposed rule objects at the Carnegie Museum of change that are filed with the Natural History, Pittsburgh, Commission, and all written Pennsylvania, from on or about July 9, communications relating to the 2005, to on or about January 22, 2006, proposed rule change between the the Natural History Museum of Los Commission and any person, other than Angeles County, Los Angeles, those that may be withheld from the California, from on or about March 16, public in accordance with the 2006, to on or about September 10, provisions of 5 U.S.C. 552, will be 2006, the Milwaukee Public Museum, available for inspection and copying in Milwaukee, Wisconsin, from on or the Commission’s Public Reference about October 22, 2006, to on or about Section, 450 Fifth Street, NW., January 21, 2007, and at possible Washington, DC 20549. Copies of such additional venues yet to be determined, filing also will be available for is in the national interest. Public notice inspection and copying at the principal of these determinations is ordered to be office of the Exchange. All comments received will be posted without change; published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For the Commission does not edit personal further information, contact Paul W. identifying information from Manning, Attorney-Adviser, Office of submissions. You should submit only the Legal Adviser, (202) 453–8052, and information that you wish to make the address is United States Department available publicly. All submissions of State, SA–44, Room 700, 301 4th should refer to File Number SR–PCX– 2005–62 and should be submitted on or Street, SW., Washington, DC 20547– 0001. before June 7, 2005. Number SR–PCX–2005–62 on the subject line. Advisory Commission will discuss information that, upon premature disclosure, would likely frustrate implementation of proposed Department of State action and that relates solely to internal personnel rules and practices of the Department of State. The Commissioners will review efforts that expand interagency coordination of public diplomacy programs to increase their effectiveness in communicating with foreign audiences. The Commission was reauthorized pursuant to Public Law 106–113 (H.R. 3194, Consolidated Appropriations Act, 2000). Its Charter was renewed February 18, 2005. The U.S. Advisory Commission on Public Diplomacy is a bipartisan Presidentially appointed panel created by Congress in 1948 to provide oversight of U.S. Government activities intended to understand, inform and influence foreign publics. The Commission reports its findings and recommendations to the President, the Congress and the Secretary of State and the American people. Current Commission members include Chairman, Barbara M. Barrett of Arizona; Harold Pachios of Maine; Jay T. Snyder of New York; Maria Sophia Aguirre of Washington, DC; Charles ‘‘Tre’’ Evers III of Florida; Ambassador Elizabeth Bagley of Washington, DC and Ambassador Penne Korth Peacock of Washington, DC. For more information, please contact Barbara Barrett at 202–203–7880. Dated: May 11, 2005. Katherine Yemelyanov, Deputy Executive Director, U.S. Advisory Commission on Public Diplomacy, Department of State. [FR Doc. 05–9789 Filed 5–16–05; 8:45 am] BILLING CODE 4710–11–P For the Commission, by the Division of Market Regulation, pursuant to delegated authority.10 Jill M. Peterson, Assistant Secretary. [FR Doc. E5–2443 Filed 5–16–05; 8:45 am] Dated: May 9, 2005. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 05–9791 Filed 5–16–05; 8:45 am] DEPARTMENT OF TRANSPORTATION BILLING CODE 8010–01–P BILLING CODE 4710–08–P [Docket No. FMCSA–2005–20560] DEPARTMENT OF STATE DEPARTMENT OF STATE Qualification of Drivers; Exemption Applications; Vision [Public Notice 5082] [Public Notice 5064] AGENCY: Culturally Significant Objects Imported for Exhibition Determinations: ‘‘The Mysterious Bog People’’ U.S. Advisory Commission on Public Diplomacy; Closed Meeting Department of State. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given of the following determinations: Pursuant to 10 17 CFR 200.30–3(a)(12). VerDate jul<14>2003 15:22 May 16, 2005 Jkt 205001 The U.S. Advisory Commission on Public Diplomacy will hold a meeting on Wednesday, May 25, 2005 at 9 a.m. in Room 840 of the U.S. Department of State at 301 4th Street, SW., Washington, DC. Pursuant to 5 U.S.C. 552b [c], the meeting will be closed to the public. During its discussion, the PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption from the vision standard; request for comments. SUMMARY: This notice publishes the FMCSA’s receipt of applications from 30 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable E:\FR\FM\17MYN1.SGM 17MYN1

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[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28347-28348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2443]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51672; File No. SR-PCX-2005-62]


Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating To 
Exchange Fees and Charges

May 9, 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 April 27, 2005, the Pacific Exchange, Inc. (``PCX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by PCX. The Exchange filed this proposal 
pursuant to 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.
---------------------------------------------------------------------------

    \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)(2).
---------------------------------------------------------------------------

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

    PCX proposes to amend the Trade-Related Charges portion of its 
Schedule of Fees and Charges (``Schedule''). The text of the proposed 
rule change is available on PCX's Web site (https://www.pacificex.com), 
at PCX's Office of the Secretary, and at the Commission's Public 
Reference Room.

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

    In its filing with the Commission, PCX included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. PCX has prepared summaries, set forth in Sections A, B, 
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the Trade-
Related Charges portion of the Schedule in order to eliminate an 
incentive program for Market Makers with respect to transaction 
charges. In December 2003, the Exchange implemented an incentive 
program for Market Makers with respect to transaction charges.\5\ The 
purpose of the incentive program was to secure existing volumes and 
attract higher levels of liquidity. The incentive program has been in 
place for approximately sixteen months. The Exchange has reviewed the 
incentive program and determined that it has not had its desired 
effects. As such, the Exchange is proposing to eliminate the incentive 
program and reinstate the $0.21 per contract transaction fee for Market 
Makers. The $0.21 per contract transaction fee for Market Makers is the 
same fee that was in place prior to the adoption of the incentive 
program.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 48976 (December 23, 
2003), 68 FR 75701 (December 31, 2003).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Section 6(b)(4) of the Act,\7\ in particular, in that it 
provides for the equitable allocation of dues, fees, and other charges 
among its members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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 will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments on the proposed rule change were neither solicited 
nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\9\ because it is concerned solely with the administration 
of the Exchange. At any time within 60 days of the filing of such 
proposed rule change, the Commission may summarily abrogate such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, as amended, 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

[[Page 28348]]

Number SR-PCX-2005-62 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number SR-PCX-2005-62. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments, 
all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for inspection 
and copying in the Commission's Public Reference Section, 450 Fifth 
Street, NW., Washington, DC 20549. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-PCX-
2005-62 and should be submitted on or before June 7, 2005.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-2443 Filed 5-16-05; 8:45 am]
BILLING CODE 8010-01-P
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