Self-Regulatory Organizations; American Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Adopt Options Licensing Fees for Spade Defense Index Option, 56194-56196 [E5-5170]
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56194
Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices
services.6 Implementation of this
proposal is consistent with the
reduction and/or elimination of these
subsidies. Amex believes that these fees
will help to allocate to those market
participants offering Vanguard ETF
Options a fair share of the related costs
of offering such options. In connection
with the adoption of an options
licensing fee for the Vanguard ETF
Options, the Exchange notes that the
proposal will better align its licensing
fees with its competitors. The Exchange
also maintains that charging an options
licensing fee, where applicable, for all
market participant orders executed on
the Exchange except for customer orders
is reasonable given the competitive
pressures in the industry. Accordingly,
the Exchange seeks, through this
proposal, to better align its charges with
the cost of providing these products and
maintaining the trading floor and
systems.
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act,7 in general, and
furthers the objectives of Section 6(b)(4)
of the Act,8 in particular, regarding the
equitable allocation of reasonable dues,
fees, and other charges among exchange
members and other persons using
exchange facilities.
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 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
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 9 and
subparagraph (f)(2) of Rule 19b–4
thereunder,10 because it establishes or
changes a due, fee, or other charge
6 See Securities Exchange Act Release Nos. 45360
(January 29, 2002), 67 FR 5626 (February 6, 2002)
and 44286 (May 9, 2001), 66 FR 27187 (May 16,
2001).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4).
9 15 U.S.C. 78s(b)(3)(a)(ii).
10 17 CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
14:49 Sep 23, 2005
Jkt 205001
imposed by Amex. 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.
should be submitted on or before
October 17, 2005.
IV. Solicitation of Comments
BILLING CODE 8010–01–P
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–2005–089 on the
subject line.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Jonathan G. Katz,
Secretary.
[FR Doc. E5–5169 Filed 9–23–05; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52470; File No. SR–Amex–
2005–090]
Self-Regulatory Organizations;
American Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change to Adopt
Options Licensing Fees for Spade
Defense Index Option
September 19, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
Paper Comments
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
• Send paper comments in triplicate
September 9, 2005, the American Stock
to Jonathan G. Katz, Secretary,
Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’)
Securities and Exchange Commission,
filed with the Securities and Exchange
Station Place, 100 F Street, NE.,
Commission (‘‘Commission’’) the
Washington, DC 20549–9303.
proposed rule change as described in
All submissions should refer to File
Items I, II and III below, which Items
Number SR–Amex–2005–089. This file
have been prepared by Amex. Amex
number should be included on the
subject line if e-mail is used. To help the submitted the proposed rule change
under Section 19(b)(3)(A) of the Act 3
Commission process and review your
and Rule 19b–4(f)(2) thereunder,4 which
comments more efficiently, please use
only one method. The Commission will renders the proposal effective upon
post all comments on the Commission’s filing with the Commission. The
Commission is publishing this notice to
Internet Web site (https://www.sec.gov/
solicit comments on the proposed rule
rules/sro.shtml). Copies of the
change from interested persons.
submission, all subsequent
amendments, all written statements
I. Self-Regulatory Organization’s
with respect to the proposed rule
Statement of the Terms of Substance of
change that are filed with the
the Proposed Rule Change
Commission, and all written
The Exchange proposes to modify its
communications relating to the
options fee schedule by adopting a perproposed rule change between the
Commission and any person, other than contract side licensing fee for the orders
of specialists, registered options traders
those that may be withheld from the
(‘‘ROTs’’), firms, non-member market
public in accordance with the
makers, and broker-dealers in
provisions of 5 U.S.C. 552, will be
connection with transactions in Spade
available for inspection and copying in
Defense Index options (symbol: DXS).
the Commission’s Public Reference
Room. Copies of the filing also will be
The text of the proposed rule change
available for inspection and copying at
is available on Amex’s Web site https://
the principal offices of Amex. All
www.amex.com, at Amex’s principal
comments received will be posted
office, and at the Commission’s Public
without change; the Commission does
Reference Room.
not edit personal identifying
information from submissions. You
11 17 CFR 200.30–3(a)(12).
should submit only information that
1 15 U.S.C. 78s(b)(1).
you wish to make available publicly. All
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
submissions should refer to File
4 17 CFR 240.19b–4(f)(2).
Number SR–Amex–2005–089 and
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
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Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Amex 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. 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
The Exchange has entered into
numerous license agreements with
issuers and owners of indexes for the
purpose of trading options on certain
exchange-traded funds (‘‘ETFs’’) and
securities indexes. The requirement to
pay an index licensing fee to third
parties is a condition to the listing and
trading of these ETF and index options.
In many cases, the Exchange is required
to pay a significant licensing fee to
issuers or index owners that may not be
reimbursed. In an effort to recoup the
costs associated with certain index
licenses, the Exchange has established a
per-contract side licensing fee for the
orders of specialists, ROTs, firms, nonmember market makers, and brokerdealers collected on every transaction in
certain designated products in which
such market participant is a party.5
The purpose of the proposal is to
charge a per-contract side licensing fee
in connection with transactions in the
Spade Defense Index options.
Specifically, Amex seeks to charge an
options licensing fee of $0.09 per
contract side for specialist, ROT, firm,
non-member market maker, and brokerdealer orders executed on the Exchange
in connection with the Spade Defense
Index options. In all cases, the fees set
forth in the Options Fee Schedule are
charged only to Exchange members
through whom the orders are placed.
The proposed options licensing fee
will allow the Exchange to recoup its
costs in connection with index licensing
fees for the trading of the Spade Defense
Index options. The fee will be collected
on every Spade Defense Index option
order of a specialist, ROT, firm, nonmember market maker, and broker5 See File No. SR–Amex–2005–087 (filed on
August 31, 2004, and pending before the
Commission).
VerDate Aug<31>2005
14:49 Sep 23, 2005
Jkt 205001
dealer executed on the Exchange. The
Exchange believes that collection of a
per-contract side licensing fee in
connection with Spade Defense Index
options orders placed by those market
participants that are the beneficiaries of
the Exchange’s index license agreements
is justified and consistent with the rules
of the Exchange.
The Exchange notes that Amex in
recent years has revised a number of
fees to better align Exchange fees with
the actual cost of delivering services and
to reduce Exchange subsidies of such
services.6 Implementation of this
proposal is consistent with the
reduction and/or elimination of these
subsidies. Amex believes that this fee
will help to allocate to those market
participants offering Spade Defense
Index options a fair share of the related
costs of offering such options. In
connection with the adoption of an
options licensing fee for the Spade
Defense Index options, the Exchange
notes that the proposal will better align
its licensing fees with its competitors.
The Exchange also maintains that
charging an options licensing fee, where
applicable, for all market participant
orders executed on the Exchange except
for customer orders is reasonable given
the competitive pressures in the
industry. Accordingly, the Exchange
seeks, through this proposal, to better
align its charges with the cost of
providing these products and
maintaining the trading floor and
systems.
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act,7 in general, and
furthers the objectives of Section 6(b)(4)
of the Act,8 in particular, regarding the
equitable allocation of reasonable dues,
fees, and other charges among exchange
members and other persons using
exchange facilities.
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 not
necessary or appropriate in furtherance
of the purposes of the Act.
6 See Securities Exchange Act Release Nos. 45360
(January 29, 2002), 67 FR 5626 (February 6, 2002)
and 44286 (May 9, 2001), 66 FR 27187 (May 16,
2001).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
56195
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 9 and
subparagraph (f)(2) of Rule 19b–4
thereunder,10 because it establishes or
changes a due, fee, or other charge
imposed by Amex. 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–2005–090 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
Number SR–Amex–2005–090. 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
9 15
U.S.C. 78s(b)(3)(a)(ii).
CFR 240.19b–4(f)(2).
10 17
E:\FR\FM\26SEN1.SGM
26SEN1
56196
Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices
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 offices of 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 available publicly. All
submissions should refer to File
Number SR–Amex–2005–090 and
should be submitted on or before
October 17, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Jonathan G. Katz,
Secretary.
[FR Doc. E5–5170 Filed 9–23–05; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52471; File No. SR–DTC–
2005–08]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing of a Proposed Rule Change
Relating to the New Canadian-Link
Service
September 19, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
July 27, 2005, The Depository Trust
Company (‘‘DTC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) and on August 30,
2005, amended the proposed rule
change as described in Items I, II, and
III below, which items have been
prepared primarily by DTC. 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 proposed rule change would
enable participants of DTC and
participants of The Canadian Depository
for Securities Limited (‘‘CDS’’) (i) to
clear and settle securities transactions in
Canadian dollars and (ii) to transfer or
1 15
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
VerDate Aug<31>2005
14:49 Sep 23, 2005
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
DTC 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. DTC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of such statements.2
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Overview of the Canadian Link
Service
BILLING CODE 8010–01–P
11 17
receive Canadian dollars without any
corresponding delivery or receipt of
securities.
The purpose of the proposed rule
change is to create a new DTC service,
the Canadian-Link Service, that will
facilitate the clearance and settlement of
valued securities transactions and the
transfer of funds denominated in
Canadian dollars between DTC’s
Participants using the Canadian-Link
Service (‘‘Canadian-Link Participants’’)
and CDS Participants and between
Canadian-Link Participants and other
Canadian-Link Participants. Currently,
DTC processes transactions in U.S.
dollars only. The Canadian-Link Service
will:
(1) Create a new link between DTC
and CDS to leverage the existing CDS
infrastructure for clearing and settling
valued securities transactions and
transferring funds in Canadian dollars
so that DTC will not have to replicate
this infrastructure;
(2) Apply enhanced DTC risk
management controls to the transactions
processed for Canadian-Link
Participants through the Canadian-Link
Service and will also subject DTC to
CDS risk management controls, which
are similar in most respects to DTC risk
management controls; and
(3) Permit DTC Participants to
concentrate their securities positions at
DTC and not bifurcate inventory
between DTC and CDS or a Canadian
custodian.
At the present time, CDS maintains a
number of links with DTC and the
National Securities Clearing Corporation
(‘‘NSCC’’). These links include:
2 The Commission has modified parts of these
statements.
Jkt 205001
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
(1) The American and Canadian
Connection for Efficient Securities
Settlement (‘‘ACCESS’’) Service enables
CDS Participants to clear and settle
transactions with DTC Participants
through omnibus accounts maintained
by CDS with DTC and NSCC.3 CDS
Participants that use the ACCESS
Service are not participants or members
of DTC or NSCC nor does CDS maintain
or sponsor individual accounts at DTC
or NSCC for such CDS Participants.
(2) The New York Link Service
enables CDS Participants to clear and
settle transactions with DTC
Participants through sponsored
accounts maintained by CDS with DTC
and NSCC. Through such sponsored
accounts, CDS Participants may clear
and settle transactions on a trade for
trade basis or on a continuous net
settlement basis through the facilities of
DTC and NSCC.
(3) The DTC Direct Link Service
enables CDS Participants to clear and
settle transactions with DTC
Participants through sponsored
accounts maintained by CDS with DTC.
Through such sponsored accounts, CDS
Participants may clear and settle their
transactions on a trade for trade basis
through the facilities of DTC.
At the present time, DTC maintains
no comparable links with CDS, although
DTC Participants may use the ACCESS
Service of CDS for free deliveries of
securities to and from CDS Participants.
With the implementation of the
Canadian-Link Service by DTC,
Canadian-Link Participants will have
the same ability to clear and settle
valued securities transactions with CDS
Participants and other Canadian-Link
Participants in Canadian dollars that
CDS Participants now have to clear and
settle valued securities transactions
with DTC Participants in U.S. dollars.
As noted above, this will be
accomplished using the existing CDS
infrastructure for processing
transactions in Canadian dollars
together with enhanced DTC risk
management controls.
2. The DTC Omnibus Account
CDS will maintain for DTC, as a
participant of CDS, a ledger consisting
of a series of accounts, including a
securities account to record securities
held by CDS for DTC and securities to
be delivered by DTC to CDS and a funds
account to record the net amount of
money owing from time to time intraday
3 CDS has advised DTC that it has decided to
terminate the ACCESS Service and transfer its users
to the New York Link Service. However, the
ACCESS Service will continue to be available to
DTC Participants for free deliveries of securities to
and from CDS Participants.
E:\FR\FM\26SEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Pages 56194-56196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5170]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52470; File No. SR-Amex-2005-090]
Self-Regulatory Organizations; American Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Adopt Options Licensing Fees for Spade Defense Index Option
September 19, 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 September 9, 2005, the American Stock Exchange, Inc. (``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 Amex. Amex submitted
the proposed rule change 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.
---------------------------------------------------------------------------
\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
The Exchange proposes to modify its options fee schedule by
adopting a per-contract side licensing fee for the orders of
specialists, registered options traders (``ROTs''), firms, non-member
market makers, and broker-dealers in connection with transactions in
Spade Defense Index options (symbol: DXS).
The text of the proposed rule change is available on Amex's Web
site https://www.amex.com, at Amex's principal office, and at the
Commission's Public Reference Room.
[[Page 56195]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Amex 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. 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
The Exchange has entered into numerous license agreements with
issuers and owners of indexes for the purpose of trading options on
certain exchange-traded funds (``ETFs'') and securities indexes. The
requirement to pay an index licensing fee to third parties is a
condition to the listing and trading of these ETF and index options. In
many cases, the Exchange is required to pay a significant licensing fee
to issuers or index owners that may not be reimbursed. In an effort to
recoup the costs associated with certain index licenses, the Exchange
has established a per-contract side licensing fee for the orders of
specialists, ROTs, firms, non-member market makers, and broker-dealers
collected on every transaction in certain designated products in which
such market participant is a party.\5\
---------------------------------------------------------------------------
\5\ See File No. SR-Amex-2005-087 (filed on August 31, 2004, and
pending before the Commission).
---------------------------------------------------------------------------
The purpose of the proposal is to charge a per-contract side
licensing fee in connection with transactions in the Spade Defense
Index options. Specifically, Amex seeks to charge an options licensing
fee of $0.09 per contract side for specialist, ROT, firm, non-member
market maker, and broker-dealer orders executed on the Exchange in
connection with the Spade Defense Index options. In all cases, the fees
set forth in the Options Fee Schedule are charged only to Exchange
members through whom the orders are placed.
The proposed options licensing fee will allow the Exchange to
recoup its costs in connection with index licensing fees for the
trading of the Spade Defense Index options. The fee will be collected
on every Spade Defense Index option order of a specialist, ROT, firm,
non-member market maker, and broker-dealer executed on the Exchange.
The Exchange believes that collection of a per-contract side licensing
fee in connection with Spade Defense Index options orders placed by
those market participants that are the beneficiaries of the Exchange's
index license agreements is justified and consistent with the rules of
the Exchange.
The Exchange notes that Amex in recent years has revised a number
of fees to better align Exchange fees with the actual cost of
delivering services and to reduce Exchange subsidies of such
services.\6\ Implementation of this proposal is consistent with the
reduction and/or elimination of these subsidies. Amex believes that
this fee will help to allocate to those market participants offering
Spade Defense Index options a fair share of the related costs of
offering such options. In connection with the adoption of an options
licensing fee for the Spade Defense Index options, the Exchange notes
that the proposal will better align its licensing fees with its
competitors. The Exchange also maintains that charging an options
licensing fee, where applicable, for all market participant orders
executed on the Exchange except for customer orders is reasonable given
the competitive pressures in the industry. Accordingly, the Exchange
seeks, through this proposal, to better align its charges with the cost
of providing these products and maintaining the trading floor and
systems.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release Nos. 45360 (January 29,
2002), 67 FR 5626 (February 6, 2002) and 44286 (May 9, 2001), 66 FR
27187 (May 16, 2001).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\8\ in particular, regarding
the equitable allocation of reasonable dues, fees, and other charges
among exchange members and other persons using exchange facilities.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 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 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
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ because it establishes or changes a due, fee, or other
charge imposed by Amex. 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(a)(ii).
\10\ 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 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-2005-090 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
All submissions should refer to File Number SR-Amex-2005-090. 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
[[Page 56196]]
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 offices of 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 available publicly. All
submissions should refer to File Number SR-Amex-2005-090 and should be
submitted on or before October 17, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-5170 Filed 9-23-05; 8:45 am]
BILLING CODE 8010-01-P
