Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Adoption of an Options Licensing Fee for the First Trust Dow Jones Select MicroCap Index Fund (FDM), 61160-61162 [E5-5785]
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61160
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Importer of Controlled Substances;
Notice of Registration
By Notice dated June 6, 2005 and
published in the Federal Register on
June 13, 2005, (70 FR 34152),
Boehringer Ingelheim Chemicals, Inc.,
2820 N. Normandy Drive, Petersburg,
Virginia 23805, made application by
renewal to the Drug Enforcement
Administration (DEA) to be registered as
an importer of Phenylacetone (8501), a
basic class of controlled substance listed
in Schedule II.
The company plans to import the
listed controlled substance to bulk
manufacturer amphetamine.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and 952(a)
and determined that the registration of
Boehringer Ingelheim Chemicals, Inc. to
import the basic class of controlled
substance is consistent with the public
interest and with United States
obligations under international treaties,
conventions, or protocols in effect on
May 1, 1971, at this time. DEA has
investigated Boehringer Ingelheim
Chemicals, Inc. to ensure that the
company’s registration is consistent
with the public interest. The
investigation has included inspection
and testing of the company’s physical
security systems, verification of the
company’s compliance with state and
local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 952(a)
and 958(a), and in accordance with 21
CFR 1301.34, the above named company
is granted registration as an importer of
the basic class of controlled substance
listed.
Dated: October 12, 2005.
Joseph T. Rannazzisi,
Acting Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration.
[FR Doc. 05–20950 Filed 10–19–05; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
application by letter to the Drug
Enforcement Administration (DEA) to
be registered as a bulk manufacturer of
Methamphetamine (1105), a basic class
of controlled substance listed in
Schedule II.
The company plans to manufacture
the listed controlled substance in bulk
for distribution to its customers.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and
determined that the registration of
Johnson Matthey, Inc. to manufacture
the listed basic class of controlled
substance is consistent with the public
interest at this time. DEA has
investigated Johnson Matthey, Inc. to
ensure that the company’s registration is
consistent with the public interest. The
investigation has included inspection
and testing of the company’s physical
security systems, verification of the
company’s compliance with state and
local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 823,
and in accordance with 21 CFR 1301.33,
the above named company is granted
registration as a bulk manufacturer of
the basic class of controlled substance
listed.
Dated: October 12, 2005.
Joseph T. Rannazzisi,
Acting Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration,
[FR Doc. 05–20949 Filed 10–19–05; 8:45 am]
Dated: October 12, 2005.
Joseph T. Rannazzisi,
Acting Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration.
[FR Doc. 05–20948 Filed 10–19–05; 8:45 am]
BILLING CODE 4410–09–P
Drug Enforcement Administration
[Release No. 34–52598; File No. SR–Amex–
2005–098]
Manufacturer of Controlled
Substances; Notice of Registration
By Notice dated March 25, 2005, and
published in the Federal Register on
April 5 2005, (70 FR 17262), Rhodes
Technologies, 498 Washington Street,
Coventry, Rhode Island 02816, made
application by renewal to the Drug
Enforcement Administration (DEA) to
be registered as a bulk manufacturer of
the basic classes of controlled
substances listed in Schedule I and II:
Tetrahydrocannabinols (7370) .....
Methylphenidate (1724) ................
Codeine (9050) .............................
Dihydrocodeine (9120) .................
Oxycodone (9143) ........................
Hydromorphone (9150) ................
Hydrocodone (9193) .....................
Thebaine (9333) ...........................
Noroxymorphone (9668) ..............
Jkt 208001
The company plans to manufacture
the listed controlled substances in bulk
for conversion and distribution to its
customers.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and
determined that the registration of
Rhodes Technologies to manufacture
the listed basic class of controlled
substance is consistent with the public
interest at this time. DEA has
investigated Rhodes Technologies to
ensure that the company’s registration is
consistent with the public interest. The
investigation has included inspection
and testing of the company’s physical
security systems, verification of the
company’s compliance with state and
local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 823,
and in accordance with 21 CFR 1301.33,
the above named company is granted
registration as a bulk manufacturer of
the basic class of controlled substance
listed.
SECURITIES AND EXCHANGE
COMMISSION
Drug
16:14 Oct 19, 2005
II
DEPARTMENT OF JUSTICE
Manufacturer of Controlled
Substances; Notice of Registration
VerDate Aug<31>2005
Fentanyl (9801) ............................
Schedule
BILLING CODE 4410–09–P
Drug Enforcement Administration
By Notice dated March 25, 2005, and
published in the Federal Register on
April 4, 2005, (70 FR 17124), Johnson
Matthey, Inc., Custom Pharmaceuticals
Department, 2003 Nolte Drive, West
Deptford, New Jersey 08066, made
Drug
PO 00000
Frm 00048
Fmt 4703
Schedule
Sfmt 4703
I
II
II
II
II
II
II
II
II
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to
the Adoption of an Options Licensing
Fee for the First Trust Dow Jones
Select MicroCap Index Fund (FDM)
October 13, 2005.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), and Rule 19b–4 2 thereunder,
notice is hereby given that on
September 29, 2005, the American Stock
Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
1 15
2 17
E:\FR\FM\20OCN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
20OCN1
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
Amex has designated the proposed rule
change as establishing or changing a
due, fee, or other charge, pursuant to
Section 19(b)(3)(A)(ii) of the Act,3 and
Rule 19b–4(f)(2) 4 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.
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 license fee in connection with
the orders of specialists, registered
options traders (‘‘ROTs’’), firms, nonmember market makers and brokerdealers in connection with options
transactions in the First Trust Dow
Jones Select MicroCap Index Fund
(‘‘FDM’’).
The text of the proposed rule change
is available on Amex’s Web site at
https://www.amex.com, the Office of the
Secretary, Amex 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,
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. 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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange has entered into
numerous agreements with issuers and
owners of indexes for the purpose of
trading options on certain exchangetraded funds (‘‘ETFs’’) and securities
indexes. The requirement to pay an
index license 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
3 15
U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
VerDate Aug<31>2005
16:14 Oct 19, 2005
Jkt 208001
per contract licensing fee for the orders
of specialists, registered options traders
(‘‘ROTs’’), firms, non-member market
makers and broker-dealers, that is
collected on every option transaction in
designated products in which such
market participant is a party.5
The purpose of the proposal is to
establish an options licensing fee in
connection with options on FDM.
Specifically, Amex seeks to charge an
options licensing fee of $0.12 per
contract side in connection with FDM
options for specialist, ROT, firm, nonmember market maker and broker-dealer
orders executed on the Exchange. 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 the index
license fee for the trading of FDM
options. The fees will be collected on
every order of a specialist, ROT, firm,
non-member market maker and brokerdealer executed on the Exchange. The
Exchange believes that requiring the
payment of a per contract licensing fee
in connection with FDM options by
those market participants that are the
beneficiaries of Exchange index license
agreements is justified and consistent
with the rules of the Exchange.
The Exchange notes that in recent
years it has revised a number of fees to
better align Exchange fees with the
actual cost of delivering services and
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 these fees
will help to allocate to those market
participants engaging in FDM options a
fair share of the related costs of offering
such options.
The Exchange asserts that the
proposal is equitable as required by
Section 6(b)(4) of the Act.7 In
connection with the adoption of an
options licensing fee for FDM options,
the Exchange notes that charging an
options licensing fee, where applicable,
to all market participant orders except
for customer orders is reasonable given
the competitive pressures in the
5 See Securities Exchange Act Release No. 52493
(September 22, 2005), 70 FR 56941 (September 29,
2005) (SR–Amex–2005–087).
6 See Securities Exchange Act Release Nos. 45360
(January 29, 2002), 67 FR 5626 (February 6, 2002)
(SR–Amex–2001–102) and 44286 (May 9, 2001), 66
FR 27187 (May 16, 2001) (SR–Amex–2001–22).
7 15 U.S.C. 78f(b)(4). Seciton 6(b)(4) states that the
rules of a national securities exchange provide for
the equitable allocation of reasonable dues, fees,
and other charges among its members and issuers
and other persons using its facilities.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
61161
industry. Accordingly, the Exchange
seeks, through this proposal, to better
align its transaction charges with the
cost of providing products.
2. Statutory Basis
Amex believes the proposed rule
change is consistent with Section 6(b)(4)
of the Act 8 because it is an 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 believes that the
proposed rule change does not 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
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act,9 and
Rule 19b–4(f)(2) 10 thereunder, because
it establishes or changes a due, fee, or
other charge imposed by the Exchange.
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–2005–098 on the
subject line.
8 15
U.S.C. 78f(b)(4).
U.S.C. 78s(b)(3)(A)(ii).
10 17 CFR 240.19b–4(f)(2).
9 15
E:\FR\FM\20OCN1.SGM
20OCN1
61162
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303. All submissions should
refer to File Number SR–Amex–2005–
098. 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 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–2005–098 and
should be submitted on or before
November 10, 2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Jonathan G. Katz,
Secretary.
[FR Doc. E5–5785 Filed 10–19–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52601; File No. SR-CHX–
2005–24]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to
Odd-Lot Order Processing Fees
October 13, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
11 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
16:14 Oct 19, 2005
Jkt 208001
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 1, 2005, the Chicago Stock
Exchange, Inc. (‘‘CHX’’ 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 CHX. CHX has
designated the proposed rule change as
establishing or changing a due, fee, or
other charge imposed by the Exchange
pursuant to Section 19(b)(3)(A)(ii) 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
CHX, pursuant to Rule 19b–4 of the
Act, proposes to amend its Participant
Fee Schedule (the ‘‘Fee Schedule’’) to
modify the order processing fees
charged for odd-lot transactions.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
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
Under the current Fee Schedule, the
Exchange charges its members for
transaction and order processing fees.5
These charges are denoted in the Fee
Schedule according to the type of order
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The Exchange has confirmed that it assesses
order processing fees only against its members and
not against non-members. Persons holding trading
permits are ‘‘members’’ for the purposes of the Act,
which CHX characterizes as ‘‘participants.’’
Telephone conversation between Leah Mesfin,
Special Counsel, Division of Market Regulation,
Commission, and Kathleen M. Boege, Vice
President & Associate General Counsel, CHX, on
September 26, 2005.
2 17
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
and, in certain cases, the type of issue
being traded. The Exchange’s order
processing fees include a fee for the
processing of odd-lot orders, subject to
a monthly maximum. The odd-lot order
processing fees have not been amended
since 1991, whereas other order
processing and transaction fees have
consistently been updated.
In this proposal, the Exchange seeks
to update the odd-lot order processing
fee by decreasing the per trade fee to
$0.30 per trade, subject to an increased
monthly maximum of $800.00.
Additionally, the proposal would
eliminate the existing order processing
fee exemption for odd-lot orders in the
stocks comprising the Standard & Poor’s
500 Stock Price Index. The Exchange
has represented that these fees are
charged only to members.
Finally, this proposal deletes a
reference to a transaction fee exemption
for transactions that take place during
the ‘‘E-Session,’’ which was an extended
trading session from 3:30 p.m. to 5:30
p.m., Central Time. When the Exchange
eliminated this trading session, the
Exchange amended its rules to delete
references to the E-Session.
Accordingly, this remaining provision
of the Fee Schedule is obsolete.
2. Statutory Basis
CHX believes that the proposed rule
change is consistent with Section 6(b)(4)
of the Act 6 in that it provides for the
equitable allocation of reasonable dues,
fees, and other charges among its
members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CHX 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
No written comments were solicited
or received with respect to the proposed
rule change.
II. 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 7 and
subparagraph (f)(2) of Rule 19b–4
thereunder 8 because it establishes or
6 15
U.S.C. 78f(b)(4).
U.S.C. 78s(b)(3)(A)(ii).
8 17 CFR 240.19b–4(f)(2).
7 15
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Pages 61160-61162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5785]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52598; File No. SR-Amex-2005-098]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Adoption of an Options Licensing Fee for the First
Trust Dow Jones Select MicroCap Index Fund (FDM)
October 13, 2005.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''), and Rule 19b-4 \2\ thereunder, notice is hereby
given that on September 29, 2005, the American Stock Exchange LLC
(``Amex'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange.
[[Page 61161]]
Amex has designated the proposed rule change as establishing or
changing a due, fee, or other charge, pursuant to Section
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) \4\ 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\ 15 U.S.C. 78s(b)(3)(A)(ii).
\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 license fee in connection with the orders of
specialists, registered options traders (``ROTs''), firms, non-member
market makers and broker-dealers in connection with options
transactions in the First Trust Dow Jones Select MicroCap Index Fund
(``FDM'').
The text of the proposed rule change is available on Amex's Web
site at https://www.amex.com, the Office of the Secretary, Amex 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, 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. 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange has entered into numerous 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 license 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 licensing fee for the orders of
specialists, registered options traders (``ROTs''), firms, non-member
market makers and broker-dealers, that is collected on every option
transaction in designated products in which such market participant is
a party.\5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 52493 (September 22,
2005), 70 FR 56941 (September 29, 2005) (SR-Amex-2005-087).
---------------------------------------------------------------------------
The purpose of the proposal is to establish an options licensing
fee in connection with options on FDM. Specifically, Amex seeks to
charge an options licensing fee of $0.12 per contract side in
connection with FDM options for specialist, ROT, firm, non-member
market maker and broker-dealer orders executed on the Exchange. 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 the index license fee for the
trading of FDM options. The fees will be collected on every order of a
specialist, ROT, firm, non-member market maker and broker-dealer
executed on the Exchange. The Exchange believes that requiring the
payment of a per contract licensing fee in connection with FDM options
by those market participants that are the beneficiaries of Exchange
index license agreements is justified and consistent with the rules of
the Exchange.
The Exchange notes that in recent years it has revised a number of
fees to better align Exchange fees with the actual cost of delivering
services and 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 these fees will help
to allocate to those market participants engaging in FDM options a fair
share of the related costs of offering such options.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release Nos. 45360 (January 29,
2002), 67 FR 5626 (February 6, 2002) (SR-Amex-2001-102) and 44286
(May 9, 2001), 66 FR 27187 (May 16, 2001) (SR-Amex-2001-22).
---------------------------------------------------------------------------
The Exchange asserts that the proposal is equitable as required by
Section 6(b)(4) of the Act.\7\ In connection with the adoption of an
options licensing fee for FDM options, the Exchange notes that charging
an options licensing fee, where applicable, to all market participant
orders except for customer orders is reasonable given the competitive
pressures in the industry. Accordingly, the Exchange seeks, through
this proposal, to better align its transaction charges with the cost of
providing products.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b)(4). Seciton 6(b)(4) states that the rules
of a national securities exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities.
---------------------------------------------------------------------------
2. Statutory Basis
Amex believes the proposed rule change is consistent with Section
6(b)(4) of the Act \8\ because it is an equitable allocation of
reasonable dues, fees and other charges among exchange members and
other persons using exchange facilities.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposed rule change does not 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
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act,\9\ and Rule 19b-4(f)(2) \10\
thereunder, because it establishes or changes a due, fee, or other
charge imposed by the Exchange. 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.
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\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 17 CFR 240.19b-4(f)(2).
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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-2005-098 on the subject line.
[[Page 61162]]
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303. All submissions should refer to File Number
SR-Amex-2005-098. 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 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-2005-098 and should be
submitted on or before November 10, 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. E5-5785 Filed 10-19-05; 8:45 am]
BILLING CODE 8010-01-P
