Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61273

4 15 U.S.C. 78f(b)(4).

5 15 U.S.C. 78s(b)(3)(A)(ii).

6 17 CFR 240.19b–4(f)(2). 7 17 CFR 200.30–3(a)(12).

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b-4.

3See Securities Exchange Act Release No. 50307 

(September 2, 2004), 69 FR 54709.

4See letter to Elizabeth King, Associate Director, 

Division of Market Regulation (‘‘Division’’), 

Commission, from James D. Van De Graaff, Partner, 

Katten Muchin Zavis Rosenman, dated September 

7, 2004; letters to Jonathan G. Katz, Secretary, 

Commission, from Charles B. Cox III, dated 

September 27, 2004, from Todd Silverberg, General 

Counsel, Susquehanna Investment Group, dated 

September 29, 2004, from Simon Lubershane, dated 

September 29, 2004, from Matthew Hinerfeld, 

Managing Director and Deputy General Counsel, 

Citadel Derivatives Group LLC, dated September 30, 

2004, and from Ryan Primmer, Managing Director, 

UBS Securities LLC, dated September 30, 2004.

5See letter from Bill Floyd-Jones, Associate 

General Counsel, Amex, to Nancy Sanow, Assistant 

Director, Division, Commission, dated September 

30, 2004.

6 17 CFR 200.30–3(a)(12).

this proposal seeks to change the 

transaction fees for only Exchange 

specialists and ROTs in connection with 

trading in the O-Strip. 

The Exchange submits that the 

proposal will be effective October 1, 

2004. The Exchange expects the 

proposed transaction fees in connection 

with the O-Strip will recoup the costs 

and provide additional revenue 

associated with the trading of the OStrip. In addition, Amex believes that 

this fee will help to allocate to those 

specialists and ROTs transacting in the 

O-Strip, a fair share of the related costs 

of such ETFs. Accordingly, the 

Exchange believes that the proposed fee 

is reasonable. 

2. Statutory Basis 

Amex believes that the proposed fee 

change is consistent with Section 6(b)(4) 

of the Act 4 regarding the equitable 

allocation of reasonable dues, fees, and 

other charges among exchange members 

and other persons using exchange 

facilities.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange believes the proposed 

rule change will impose no 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 

Because the foregoing proposed rule 

change establishes or changes a due, fee, 

or other charge imposed by the 

Exchange, it has become effective 

immediately pursuant to Section 

19(b)(3)(A)(ii) of the Act 5 and Rule 19b4(f)(2) thereunder. 6 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 of appropriate in the 

public interest, for the protection of 

investors, or otherwise in the 

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 (http://www.sec.gov/

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Amex–2004–80 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

Number SR–Amex–2004–80. 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 (http://www.sec.gov/

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Section, 450 Fifth Street, NW., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

offices of Amex. All comments received 

will be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–Amex–

2004–80 and should be submitted on or 

before November 5, 2004.

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority. 7

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–23124 Filed 10–14–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50499; File No. SR–Amex–

2004–75] 

Self-Regulatory Organizations; Notice 

of Withdrawal of a Proposed Rule 

Change by the American Stock 

Exchange LLC Relating to Revisions to 

Amex Rule 154 

October 6, 2004. 

On August 30, 2004, the American 

Stock Exchange LLC (‘‘Amex’’), filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) a 

proposed rule change pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder, 2 to amend Amex 

Rule 154 to prohibit specialists from 

charging commissions and fees in 

certain instances. The proposed rule 

change was published for comment in 

the Federal Register on September 9, 

2004. 3 The Commission received six 

comments on the proposal. 4

On October 1, 2004, the Amex 

withdrew the proposed rule change. 5

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.6

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–23125 Filed 10–14–04; 8:45 am] 

BILLING CODE 8010–01–P