Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change and Amendments No. 1, 2, and 3 Thereto Relating to Increases in the Original Listing and Annual Fees, 6528-6530 [E6-1728]
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rmajette on PROD1PC67 with NOTICES1
6528
Federal Register / Vol. 71, No. 26 / Wednesday, February 8, 2006 / Notices
is anticipated that some voting may
occur at one or both of these meetings.
The Panel welcomes oral public
comments at these meetings and has
reserved one hour for this purpose at
each meeting. Members of the public
wishing to address the Panel during the
meeting must contact Ms. Anne Terry,
in writing, as soon as possible to reserve
time (see contact information above).
(b) Posting of Draft Reports and
Preliminary Findings and
Recommendations: Members of the
public are encouraged to regularly visit
the Panel’s Web site to view draft
reports. Currently, the working groups
are staggering the posting of various
sections of their draft reports at https://
www.acqnet.gov/aap under ‘‘Working
Group Reports.’’ Additionally, many of
the preliminary findings and
recommendations may be found in
Power Point slides under ‘‘Meeting
Materials’’ for the October, November,
and December meetings. The Panel
voted on some small business
recommendations on January 31, 2006
as well. The results of the vote are
available on the slides under ‘‘Meeting
Materials’’ for that date.
(c) Availability of Materials for the
Meetings: Please see the Panel’s Web
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including draft agendas and minutes
(https://www.acqnet.gov/aap).
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the Panel are also available to the public
on this Web site on its front page,
including ‘‘Questions for Government
Buying Agencies,’’ ‘‘Questions for
Contractors that Sell Commercial Goods
or Services to the Government,’’
‘‘Questions for Commercial
Organizations,’’ and an issue raised by
one Panel member regarding the rules of
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(d) Procedures for Providing Public
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and that comments will be relevant to
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Oral Comments: Speaking times will
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accommodate as many speakers as
possible, oral public comments must be
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Panel members may ask questions,
reserved times will be approximate.
Interested parties must contact Ms.
Anne Terry, in writing (via mail, e-mail,
or fax identified above for Ms. Terry) at
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(e) Meeting Accommodations:
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prior to the meeting so that appropriate
arrangements can be made.
Laura Auletta,
Designated Federal Officer (Executive
Director), Acquisition Advisory Panel.
[FR Doc. E6–1720 Filed 2–7–06; 8:45 am]
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[Release No. 34–53205; File No. SR–Amex–
2005–124]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing of Proposed Rule Change and
Amendments No. 1, 2, and 3 Thereto
Relating to Increases in the Original
Listing and Annual Fees
February 1, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
6, 2005, the American Stock Exchange
LLC (‘‘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. On
December 28, 2005, Amex filed
Amendment No. 1 to the proposed rule
change.3 On January 23, 2006, Amex
filed Amendment No. 2 to the proposed
rule change.4 On January 27, 2006,
Amex filed Amendment No. 3 to the
proposed rule change.5 The Commission
is publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Amex proposes to amend Sections
140 and 141 of the Amex Company
Guide and the Amex Fee Schedule to
increase the original listing and the
annual issuer fees. The text of the
proposed rule change is available on
Amex’s Web site (https://
www.amex.com), at the principal office
of 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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Amendment No. 1 explains the differences in
the percentage increases in the original listing and
annual fees for smaller and larger companies and
also makes technical corrections to the rule text in
Exhibit 5.
4 Amendment No. 2 was withdrawn on January
31, 2006.
5 Amendment No. 3 discusses the reasons why
the original listing and annual issuer fees vary
depending on the size of the company and corrects
non-substantive typographical errors in the text of
the Amex Fee Schedule submitted as Exhibit 5.
2 17
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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
Amex proposes to amend Sections
140 and 141 of the Amex Company
Guide and the Amex Fee Schedule to
increase the original listing and the
annual issuer fees. The Exchange
believes these fee increases are
necessary to cover increased costs it has
incurred in the enhancement and
development of its trading technology
and improvements in the overall level of
services provided to its members and
listed companies. The Exchange’s
original and annual listing fees have not
increased since 2002. Should the
Commission approve the proposed rule
change, the Exchange proposes to
Number of shares
implement the increased annual fees
retroactively to January 2006 and the
increased original listing fees
prospectively upon the Commission’s
approval of this proposal.6
Currently the original listing fees
pursuant to Section 140 of the Amex
Company Guide for stock issues range
from $35,000 to $65,000 (which
includes a non-refundable application
processing fee of $5,000) depending on
the number of shares to be listed. Amex
proposes that the original listing fees be
increased as follows:
Current fee*
Less than 5,000,000 shares ........................................................................................................
5,000,000 to 10,000,000 shares ..................................................................................................
10,000,001 to 15,000,000 shares ................................................................................................
In excess of 15,000,000 shares ..................................................................................................
6529
$35,000
45,000
55,000
65,000
Proposed fee*
Percentage
increase
$45,000
55,000
60,000
70,000
28
22
9
8
* Includes the non-refundable application-processing fee of $5,000.
As indicated in the chart above, the
percentage increase in the original
listing fees varies depending upon the
number of shares to be listed. Rather
than increase each level the same
percentage, the Exchange chose to vary
the percentage increases in order to
remain competitive with the original
listing fees charged by other market
places. Based upon original listing fees
in place at its competitors, the Exchange
determined to increase the fees by a
larger percentage for smaller companies
than for larger companies. The proposed
increases in the original listing fees will
not change the manner in which these
fees are applied—companies with a
fewer number of shares will be charged
less than companies with a greater
number of shares. The Exchange’s
purpose for differentiating its original
listing fees is based on the Amex’s
business objective of attracting small to
mid-size companies and the recognition
that the costs associated with listing can
be significant to a small or mid-size
company. In addition, as a general
matter, companies with fewer shares
tend to have less complex structures,
which may result in less staff time spent
reviewing the company’s listing
application.
In addition, the original listing fee for
non-U.S. companies listed on a foreign
stock exchange is currently 50% of the
fees charged to U.S. companies. Amex
proposes that the original listing fee for
non-U.S. companies be a flat fee of
$40,000, which will include the onetime, non-refundable applicationprocessing fee of $5,000. The original
listing fees currently paid by non-U.S.
Number of shares
Current fee
5,000,000 shares or less .............................................................................................................
5,000,001 to 10,000,000 shares ..................................................................................................
10,000,001 to 25,000,000 shares ................................................................................................
25,000,001 to 50,000,000 shares ................................................................................................
50,000,001 to 75,000,000 shares ................................................................................................
In excess of 75,000,000 shares ..................................................................................................
rmajette on PROD1PC67 with NOTICES1
companies are significantly lower than
the rates paid by U.S. companies due to
the additional costs non-U.S. companies
incur when listing in the United States.
In order to continue to recognize the
costs faced by non-U.S. companies, the
Exchange chose to set a single rate that
is below the lowest rate it charges to
U.S. companies, but is still competitive
with rates charged by other markets.
Finally, the original listing fees for
issues listed pursuant to Sections 106
(currency and index warrants) and 107
(other securities) of the Amex Company
Guide will remain at the current rates.
The annual fees set forth in Section
141 of the Amex Company Guide
currently range from $15,000 to $30,000
depending on the number of shares
outstanding. Amex proposes that the
annual fees be increased as follows:
$15,000
17,500
20,000
22,500
30,000
30,000
Proposed fee
Percentage
increase
$16,500
19,000
21,500
24,500
32,500
34,000
10
9
8
9
8
13
As indicated in the chart above, the
percentage increase in the annual fees
varies depending upon the number of
shares outstanding. Rather than increase
each level the same percentage, the
Exchange chose to vary the percentage
increases in order to remain competitive
with the annual fees charged by other
market places. Based upon annual fees
in place at its competitors, the Exchange
determined to increase the fees by a
larger percentage for its largest
companies. The Exchange’s purpose for
having lower annual fees for companies
with fewer shares outstanding is
similarly based on its objective to retain
the listings of small to mid-size
companies and a recognition that the
on-going costs associated with being a
listed company have a greater impact on
the small to mid-size company. It
should be noted that the Amex’s
competitors also use a sliding scale
6 Amex clarified that the annual fees will be
applied retroactively to January 2006 and the
original listing fees will be applied prospectively.
Telephone conversation between Claire McGrath,
Senior Vice President and General Counsel, Amex
and Jan Woo, Attorney, Division of Market
Regulation, Commission, on February 1, 2006.
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6530
Federal Register / Vol. 71, No. 26 / Wednesday, February 8, 2006 / Notices
when applying original listing and
annual issuer fees.
In addition, the annual fees for issues
listed pursuant to Sections 106
(currency and index warrants) and 107
(other securities) of the Amex Company
Guide will remain at their current rates.
Finally, the Exchange is also
proposing other minor technical
changes to Sections 140 and 141 of the
Amex Company Guide, which will not
further alter the fees but will clarify the
text of these Sections.
2. Statutory Basis
Amex believes that the 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 in that it is designed to
provide for the equitable allocation of
reasonable dues, fees, and other charges
among its members and issuers and
other persons using its facilities. In
addition, increasing original listing and
annual fees will provide the Exchange
with the ability to cover increased
expenses related to enhancements in its
trading technology, business services,
and regulatory programs.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Amex does not believe that the
proposed rule change will impose any
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 solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
rmajette on PROD1PC67 with NOTICES1
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission will:
(A) By order approve such proposed
rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
Self-Regulatory Organizations; Pacific
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to the Certificate
of Incorporation of PCX Holdings, Inc.
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–Amex–2005–124 on the subject
line.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.9
Nancy M. Morris,
Secretary.
[FR Doc. E6–1728 Filed 2–7–06; 8:45 am]
7 15
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15:26 Feb 07, 2006
9 17
Jkt 208001
January 31, 2006.
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 January
Paper Comments
27, 2006, the Pacific Exchange, Inc.
(‘‘PCX’’ or ‘‘Exchange’’) filed with the
• Send paper comments in triplicate
Securities and Exchange Commission
to Nancy M. Morris, Secretary,
(‘‘Commission’’) the proposed rule
Securities and Exchange Commission,
change as described in Items I and II
Station Place, 100 F Street, NE,
below, which Items have been prepared
Washington, DC 20549–1090.
by PCX. PCX filed the proposed rule
All submissions should refer to File
change pursuant to Section 19(b)(3)(A)
Number SR–Amex–2005–124. This file
of the Act,3 and Rule 19b–4(f)(6)
number should be included on the
thereunder,4 which renders the proposal
subject line if e-mail is used. To help the effective upon filing with the
Commission process and review your
Commission. The Commission is
comments more efficiently, please use
publishing this notice to solicit
only one method. The Commission will comments on the proposed rule change
post all comments on the Commission’s from interested persons.
Internet Web site (https://www.sec.gov/
I. Self-Regulatory Organization’s
rules/sro.shtml). Copies of the
Statement of the Terms of Substance of
submission, all subsequent
the Proposed Rule Change
amendments, all written statements
PCX proposes to submit to the
with respect to the proposed rule
Commission a proposed rule change to
change that are filed with the
further extend certain temporary
Commission, and all written
exceptions from the voting and
communications relating to the
ownership limitations in the certificate
proposed rule change between the
Commission and any person, other than of incorporation of PCX Holdings, Inc.
(‘‘PCXH’’), a Delaware corporation and a
those that may be withheld from the
parent company of PCX, originally
public in accordance with the
approved by the Commission in an
provisions of 5 U.S.C. 552, will be
order issued on September 22, 2005 (the
available for inspection and copying in
‘‘SEC Order’’) 5 and extended pursuant
the Commission’s Public Reference
Room. Copies of such filing also will be to a proposed rule change filed with the
Commission on December 19, 2005 (the
available for inspection and copying at
‘‘Original Extension Rule Filing’’) 6 and
the principal office of Amex. All
amended on December 23, 2005,7 so as
comments received will be posted
to allow: (a) Archipelago Holdings, Inc.
without change; the Commission does
(‘‘Archipelago’’), a Delaware corporation
not edit personal identifying
and the ultimate parent company of
information from submissions. You
PCXH and PCX, to continue to (i) own
should submit only information that
you wish to make available publicly. All Wave Securities, L.L.C. (‘‘Wave’’) and
(ii) own and operate the ATS Inbound
submissions should refer to File
Router Function (as defined below) of
Number SR–Amex–2005–124 and
should be submitted on or before March
1 15 U.S.C. 78s(b)(1).
1, 2006.
2
BILLING CODE 8010–01–P
U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4).
[Release No. 34–53202; File No. SR–PCX–
2006–04]
PO 00000
CFR 200.30–3(a)(12).
Frm 00086
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17 CFR 240.19b–4.
U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
5 See Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29,
2005) (SR–PCX–2005–90) (the ‘‘SEC Order’’).
6 See Pacific Exchange, Inc., Proposed Rule
Change Relating to the Certificate of Incorporation
of PCX Holdings, Inc., File No. SR–PCX–2005–139
(December 19, 2005).
7 See Amendment No. 1 to the Original Extension
Rule Filing (December 23, 2005).
3 15
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]]>Agencies
[Federal Register Volume 71, Number 26 (Wednesday, February 8, 2006)]
[Notices]
[Pages 6528-6530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1728]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53205; File No. SR-Amex-2005-124]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendments No. 1, 2, and 3
Thereto Relating to Increases in the Original Listing and Annual Fees
February 1, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 6, 2005, the American Stock Exchange LLC (``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. On December 28,
2005, Amex filed Amendment No. 1 to the proposed rule change.\3\ On
January 23, 2006, Amex filed Amendment No. 2 to the proposed rule
change.\4\ On January 27, 2006, Amex filed Amendment No. 3 to the
proposed rule change.\5\ The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Amendment No. 1 explains the differences in the percentage
increases in the original listing and annual fees for smaller and
larger companies and also makes technical corrections to the rule
text in Exhibit 5.
\4\ Amendment No. 2 was withdrawn on January 31, 2006.
\5\ Amendment No. 3 discusses the reasons why the original
listing and annual issuer fees vary depending on the size of the
company and corrects non-substantive typographical errors in the
text of the Amex Fee Schedule submitted as Exhibit 5.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Amex proposes to amend Sections 140 and 141 of the Amex Company
Guide and the Amex Fee Schedule to increase the original listing and
the annual issuer fees. The text of the proposed rule change is
available on Amex's Web site (https://www.amex.com), at the principal
office of 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
[[Page 6529]]
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
Amex proposes to amend Sections 140 and 141 of the Amex Company
Guide and the Amex Fee Schedule to increase the original listing and
the annual issuer fees. The Exchange believes these fee increases are
necessary to cover increased costs it has incurred in the enhancement
and development of its trading technology and improvements in the
overall level of services provided to its members and listed companies.
The Exchange's original and annual listing fees have not increased
since 2002. Should the Commission approve the proposed rule change, the
Exchange proposes to implement the increased annual fees retroactively
to January 2006 and the increased original listing fees prospectively
upon the Commission's approval of this proposal.\6\
---------------------------------------------------------------------------
\6\ Amex clarified that the annual fees will be applied
retroactively to January 2006 and the original listing fees will be
applied prospectively. Telephone conversation between Claire
McGrath, Senior Vice President and General Counsel, Amex and Jan
Woo, Attorney, Division of Market Regulation, Commission, on
February 1, 2006.
---------------------------------------------------------------------------
Currently the original listing fees pursuant to Section 140 of the
Amex Company Guide for stock issues range from $35,000 to $65,000
(which includes a non-refundable application processing fee of $5,000)
depending on the number of shares to be listed. Amex proposes that the
original listing fees be increased as follows:
----------------------------------------------------------------------------------------------------------------
Percentage
Number of shares Current fee* Proposed fee* increase
----------------------------------------------------------------------------------------------------------------
Less than 5,000,000 shares...................................... $35,000 $45,000 28
5,000,000 to 10,000,000 shares.................................. 45,000 55,000 22
10,000,001 to 15,000,000 shares................................. 55,000 60,000 9
In excess of 15,000,000 shares.................................. 65,000 70,000 8
----------------------------------------------------------------------------------------------------------------
* Includes the non-refundable application-processing fee of $5,000.
As indicated in the chart above, the percentage increase in the
original listing fees varies depending upon the number of shares to be
listed. Rather than increase each level the same percentage, the
Exchange chose to vary the percentage increases in order to remain
competitive with the original listing fees charged by other market
places. Based upon original listing fees in place at its competitors,
the Exchange determined to increase the fees by a larger percentage for
smaller companies than for larger companies. The proposed increases in
the original listing fees will not change the manner in which these
fees are applied--companies with a fewer number of shares will be
charged less than companies with a greater number of shares. The
Exchange's purpose for differentiating its original listing fees is
based on the Amex's business objective of attracting small to mid-size
companies and the recognition that the costs associated with listing
can be significant to a small or mid-size company. In addition, as a
general matter, companies with fewer shares tend to have less complex
structures, which may result in less staff time spent reviewing the
company's listing application.
In addition, the original listing fee for non-U.S. companies listed
on a foreign stock exchange is currently 50% of the fees charged to
U.S. companies. Amex proposes that the original listing fee for non-
U.S. companies be a flat fee of $40,000, which will include the one-
time, non-refundable application-processing fee of $5,000. The original
listing fees currently paid by non-U.S. companies are significantly
lower than the rates paid by U.S. companies due to the additional costs
non-U.S. companies incur when listing in the United States. In order to
continue to recognize the costs faced by non-U.S. companies, the
Exchange chose to set a single rate that is below the lowest rate it
charges to U.S. companies, but is still competitive with rates charged
by other markets. Finally, the original listing fees for issues listed
pursuant to Sections 106 (currency and index warrants) and 107 (other
securities) of the Amex Company Guide will remain at the current rates.
The annual fees set forth in Section 141 of the Amex Company Guide
currently range from $15,000 to $30,000 depending on the number of
shares outstanding. Amex proposes that the annual fees be increased as
follows:
----------------------------------------------------------------------------------------------------------------
Percentage
Number of shares Current fee Proposed fee increase
----------------------------------------------------------------------------------------------------------------
5,000,000 shares or less........................................ $15,000 $16,500 10
5,000,001 to 10,000,000 shares.................................. 17,500 19,000 9
10,000,001 to 25,000,000 shares................................. 20,000 21,500 8
25,000,001 to 50,000,000 shares................................. 22,500 24,500 9
50,000,001 to 75,000,000 shares................................. 30,000 32,500 8
In excess of 75,000,000 shares.................................. 30,000 34,000 13
----------------------------------------------------------------------------------------------------------------
As indicated in the chart above, the percentage increase in the
annual fees varies depending upon the number of shares outstanding.
Rather than increase each level the same percentage, the Exchange chose
to vary the percentage increases in order to remain competitive with
the annual fees charged by other market places. Based upon annual fees
in place at its competitors, the Exchange determined to increase the
fees by a larger percentage for its largest companies. The Exchange's
purpose for having lower annual fees for companies with fewer shares
outstanding is similarly based on its objective to retain the listings
of small to mid-size companies and a recognition that the on-going
costs associated with being a listed company have a greater impact on
the small to mid-size company. It should be noted that the Amex's
competitors also use a sliding scale
[[Page 6530]]
when applying original listing and annual issuer fees.
In addition, the annual fees for issues listed pursuant to Sections
106 (currency and index warrants) and 107 (other securities) of the
Amex Company Guide will remain at their current rates.
Finally, the Exchange is also proposing other minor technical
changes to Sections 140 and 141 of the Amex Company Guide, which will
not further alter the fees but will clarify the text of these Sections.
2. Statutory Basis
Amex believes that the 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 in that it is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using its
facilities. In addition, increasing original listing and annual fees
will provide the Exchange with the ability to cover increased expenses
related to enhancements in its trading technology, business services,
and regulatory programs.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
Amex does not believe that the proposed rule change will impose any
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 solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
(A) By order approve such proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
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 No. SR-Amex-2005-124 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-Amex-2005-124. 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 such
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-2005-124 and should be submitted on or before March 1, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-1728 Filed 2-7-06; 8:45 am]
BILLING CODE 8010-01-P
