Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto Relating to Written Compliance and Supervisory Controls, 25254-25256 [E6-6412]
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25254
Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
Section 6(b) of the Act 11 in general and
furthers the objectives of Section 6(b)(4)
of the Act 12 in particular, and is an
equitable allocation of reasonable dues,
fees, and other charges among its
members and issuers and other persons
using its facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Amex 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 rule change, as
amended, has become effective pursuant
to Section 19(b)(3)(A)(ii) of the Act 13
and subparagraph (f)(2) of Rule 19b–4
thereunder 14 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.15
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 rulecomments@sec.gov. Please include File
Number SR–Amex–2006–30 on the
subject line.
Paper Comments
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing of a Proposed Rule Change
and Amendment No. 1 Thereto
Relating to Written Compliance and
Supervisory Controls
All submissions should refer to File
Number SR–Amex–2006–30. 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–2006–30 and should
be submitted on or before May 19, 2006.
April 24, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Nancy M. Morris,
Secretary.
[FR Doc. E6–6374 Filed 4–27–06; 8:45 am]
jlentini on PROD1PC65 with NOTICES
12 15
17:14 Apr 27, 2006
Jkt 208001
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 November
7, 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 the Exchange.
Amex filed Amendment No. 1 with the
Commission on April 6, 2006.3 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
The Exchange proposes to amend
Amex Rule 320 to (1) require members
and member organizations with
employees to establish, maintain,
enforce and keep current a system of
compliance and supervisory controls
reasonably designed to achieve
compliance with applicable securities
laws and regulations and Exchange
rules, and (2) make certain other
technical changes to the rule text.
The text of the proposed rule change
is available on the Amex’s Web site at
https://www.amex.com, at the Amex’s
Office of the Secretary, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Amex included statements concerning
the purpose of and basis for the
proposal and discussed any comments it
received on the proposal. 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
11 15
VerDate Aug<31>2005
[Release No. 34–53708; File No. SR–Amex–
2005–116]
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
BILLING CODE 8010–01–P
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
13 15 U.S.C. 78s(b)(3)(A)(ii).
14 17 CFR 240.19b–4(f)(2).
15 The effective date of the original proposed rule
change is April 6, 2006 and the effective date of
Amendment No. 2 is April 18, 2006. For purposes
of calculating the 60-day period within which the
Commission may summarily abrogate the proposed
rule change, as amended, under Section 19(b)(3)(C)
of the Act, the Commission considers the period to
commence on April 18, 2006, the date on which the
Exchange submitted Amendment No. 2. See 15
U.S.C. 78s(b)(3)(C).
SECURITIES AND EXCHANGE
COMMISSION
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Amendment No. 1.
2 17
16 17
PO 00000
CFR 200.30–3(a)(12).
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28APN1
Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
most significant aspects of such
statements.
jlentini on PROD1PC65 with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Amex Rule 320 currently requires
each office, department or business
activity of a member or member
organization to be under the supervision
and control of the member or member
organization, and it also mandates that
each member or member organization
provide for appropriate supervisory and
control procedures and designate
appropriately qualified personnel to
ensure that its business complies with
securities laws and regulations. The
purpose of this proposal is to amend
Amex Rule 320 to require members and
member organizations that have
employees to adopt a system of
compliance and supervisory controls,
including written compliance and
supervisory policies and procedures.
Specifically, Amex proposes to add a
new section (e) to Amex Rule 320, and
consequently re-designate existing
section (e) as section (f), to require that
members and member organizations
with employees must establish,
maintain, enforce and keep current
compliance and supervisory control
systems appropriate to their business
size, structure, customer accounts,
transactions and business activities.
Proposed Amex Rule 320(e) would
require that the written compliance and
supervisory procedures be amended, as
appropriate and within a reasonable
time, to reflect changes in applicable
securities laws and regulations,
Exchange rules, and the member’s or
member organization’s compliance and
supervisory system. Additionally, under
proposed Amex Rule 320(e), the
individual designated pursuant to Amex
Rule 320(c) to assume authority and
responsibility for the member’s or
member organization’s compliance with
securities laws, regulations and
Exchange rules would be required to
provide reports, at least annually, to the
member’s or member organization’s
senior management summarizing: (1)
The system of supervisory controls, (2)
the system of follow-up and review to
verify that any delegated authority and
responsibility is being properly
exercised, (3) any additional or
amended compliance or supervisory
programs that have been created and
implemented during the course of the
previous twelve months, and (4) any
supervisory procedures created as a
result of changes in the system of follow
VerDate Aug<31>2005
17:14 Apr 27, 2006
Jkt 208001
up and review that have been revised or
added in the past twelve months.
The Exchange also proposes to adopt
new Commentary .08 to Amex Rule 320
to provide that a member or member
organization consisting of a single
individual (for example, a sole
proprietorship) must maintain a written
compliance manual specifying (1) the
obligations to which such member or
member organization is subject under
applicable securities laws and
regulations and Exchange rules and (2)
the processes and controls in place that
are reasonably designed to achieve
compliance with such obligations.
Because these members and member
organizations do not have employees to
supervise, proposed Amex Rule 320(e)
would not require that they establish or
maintain either a system of supervisory
controls or written supervisory policies
and procedures, or that they implement
annual reporting requirements to the
member’s or member organization’s
senior management concerning
supervisory controls.
The Exchange also proposes to amend
sections (b) and (c) of Amex Rule 320 to
include references to compliance with
Exchange rules, in addition to the
current references to compliance with
securities laws and regulations, in order
to explicitly reference a member’s and
member organization’s obligation to
comply with Exchange rules in addition
to all applicable securities laws and
regulations.
Finally, the Exchange proposes
technical conforming changes to: (1)
Replace references to ‘‘member firm’’
with a reference to ‘‘member
organization,’’ and (2) clarify references
to ‘‘member organization’’ as applying
to ‘‘member or member organization,’’
as appropriate, throughout Amex Rule
320.
2. Statutory Basis
Amex believes that the proposed rule
change is consistent with section 6(b) of
the Act,4 in general, and furthers the
objectives of section 6(b)(5) of the Act,5
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest.
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
4 15
5 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00123
Fmt 4703
Sfmt 4703
25255
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
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, as amended, or
(B) Institute proceedings to determine
whether the proposed rule change, as
amended, 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 rulecomments@sec.gov. Please include File
Number SR–Amex–2005–116 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Amex–2005–116. 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
E:\FR\FM\28APN1.SGM
28APN1
25256
Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of the filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–Amex–2005–116 and
should be submitted on or before May
19, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.6
Nancy M. Morris,
Secretary.
[FR Doc. E6–6412 Filed 4–27–06; 8:45 am]
BILLING CODE 8010–01–P
[Release No. 34–53704; File No. SR–Amex–
2006–37]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Amend
the Floor Participant Technology Fee
April 21, 2006.
jlentini on PROD1PC65 with NOTICES
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 20,
2006, the American Stock Exchange LLC
(‘‘Amex’’ or ‘‘Exchange’’) submitted to
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
Amex filed the proposed rule change
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.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 7 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
17:14 Apr 27, 2006
1. Purpose
The purpose of this proposal is to
amend the Amex’s Floor Fee Schedule
to increase the technology fee and to
remove any obsolete items. Since the
technology fee has not been increased
since December 2001,5 the Exchange
believes that an increase in the
technology fee is appropriate at this
time to cover increased costs resulting
from the enhancement and development
of trading technology, including new
data centers, the Auction and Electronic
Market Integration (‘‘AEMI’’), and
improvements to the Amex New
Trading Environment (‘‘ANTE’’), as well
as other technology costs. The current
technology fee is $3,000 per year or
$250 per month. The Exchange proposes
to increase the fee to $6,000 per year or
$500 per month. The Exchange also
proposes to remove references to fees
that are no longer applicable due to
their expiration so that the Floor Fee
Schedule reflects the fees for current
service levels.
The Exchange asserts that the
proposal is equitable as required by
section 6(b)(4) of the Act.6 In connection
5 See Securities Exchange Act Release No. 45163
(December 18, 2001), 66 FR 66958 (December 27,
2001) (SR–Amex–2001–101).
6 Section 6(b)(4) states that the rules of a national
securities exchange provide for the equitable
1 15
VerDate Aug<31>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,
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
SECURITIES AND EXCHANGE
COMMISSION
6 17
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to increase
the technology fee charged to the floor
participants from its current rate of
$3,000 per year ($250 per month) to
$6,000 per year ($500 per month). The
text of the proposed rule change is
available on Amex’s Web site at
https://www.amex.com, at the principal
office of Amex, and at the Commission’s
Public Reference Room.
Jkt 208001
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
with an increase to the technology fee
from $3,000 per year (or $250 per
month) to $6,000 per year (or $500 per
month), the Exchange believes that said
increase is reasonable and appropriate
to cover the Exchange’s rising costs
associated with a number of technology
initiatives benefiting floor members.
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 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.
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 rule change establishes
or changes a due, fee, or other charge
applicable only to a member imposed by
the Exchange, and, therefore, 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 At any time within 60
days of the filing of such proposed rule
change, the Commission may summarily
abrogate such rule change if it appears
to the Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
allocation of reasonable dues, fees, and other
charges among its members and issuers and other
persons using its facilities. 15 U.S.C. 78f(b)(4).
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).
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Agencies
[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Notices]
[Pages 25254-25256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6412]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53708; File No. SR-Amex-2005-116]
Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto
Relating to Written Compliance and Supervisory Controls
April 24, 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 November 7, 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 the Exchange. Amex
filed Amendment No. 1 with the Commission on April 6, 2006.\3\ 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\ See Amendment No. 1.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Amex Rule 320 to (1) require members
and member organizations with employees to establish, maintain, enforce
and keep current a system of compliance and supervisory controls
reasonably designed to achieve compliance with applicable securities
laws and regulations and Exchange rules, and (2) make certain other
technical changes to the rule text.
The text of the proposed rule change is available on the Amex's Web
site at https://www.amex.com, at the Amex's Office of the Secretary, and
at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Amex included statements
concerning the purpose of and basis for the proposal and discussed any
comments it received on the proposal. 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
[[Page 25255]]
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 Rule 320 currently requires each office, department or
business activity of a member or member organization to be under the
supervision and control of the member or member organization, and it
also mandates that each member or member organization provide for
appropriate supervisory and control procedures and designate
appropriately qualified personnel to ensure that its business complies
with securities laws and regulations. The purpose of this proposal is
to amend Amex Rule 320 to require members and member organizations that
have employees to adopt a system of compliance and supervisory
controls, including written compliance and supervisory policies and
procedures.
Specifically, Amex proposes to add a new section (e) to Amex Rule
320, and consequently re-designate existing section (e) as section (f),
to require that members and member organizations with employees must
establish, maintain, enforce and keep current compliance and
supervisory control systems appropriate to their business size,
structure, customer accounts, transactions and business activities.
Proposed Amex Rule 320(e) would require that the written compliance and
supervisory procedures be amended, as appropriate and within a
reasonable time, to reflect changes in applicable securities laws and
regulations, Exchange rules, and the member's or member organization's
compliance and supervisory system. Additionally, under proposed Amex
Rule 320(e), the individual designated pursuant to Amex Rule 320(c) to
assume authority and responsibility for the member's or member
organization's compliance with securities laws, regulations and
Exchange rules would be required to provide reports, at least annually,
to the member's or member organization's senior management summarizing:
(1) The system of supervisory controls, (2) the system of follow-up and
review to verify that any delegated authority and responsibility is
being properly exercised, (3) any additional or amended compliance or
supervisory programs that have been created and implemented during the
course of the previous twelve months, and (4) any supervisory
procedures created as a result of changes in the system of follow up
and review that have been revised or added in the past twelve months.
The Exchange also proposes to adopt new Commentary .08 to Amex Rule
320 to provide that a member or member organization consisting of a
single individual (for example, a sole proprietorship) must maintain a
written compliance manual specifying (1) the obligations to which such
member or member organization is subject under applicable securities
laws and regulations and Exchange rules and (2) the processes and
controls in place that are reasonably designed to achieve compliance
with such obligations. Because these members and member organizations
do not have employees to supervise, proposed Amex Rule 320(e) would not
require that they establish or maintain either a system of supervisory
controls or written supervisory policies and procedures, or that they
implement annual reporting requirements to the member's or member
organization's senior management concerning supervisory controls.
The Exchange also proposes to amend sections (b) and (c) of Amex
Rule 320 to include references to compliance with Exchange rules, in
addition to the current references to compliance with securities laws
and regulations, in order to explicitly reference a member's and member
organization's obligation to comply with Exchange rules in addition to
all applicable securities laws and regulations.
Finally, the Exchange proposes technical conforming changes to: (1)
Replace references to ``member firm'' with a reference to ``member
organization,'' and (2) clarify references to ``member organization''
as applying to ``member or member organization,'' as appropriate,
throughout Amex Rule 320.
2. Statutory Basis
Amex believes that the proposed rule change is consistent with
section 6(b) of the Act,\4\ in general, and furthers the objectives of
section 6(b)(5) of the Act,\5\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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
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, as amended, or
(B) Institute proceedings to determine whether the proposed rule
change, as amended, 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 Number SR-Amex-2005-116 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Amex-2005-116. 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
[[Page 25256]]
proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Amex-2005-116 and should be submitted on or before May 19, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
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\6\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-6412 Filed 4-27-06; 8:45 am]
BILLING CODE 8010-01-P