Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 76807

3See letter from Mary Yeager, Assistant Secretary, 

NYSE, to Nancy Sanow, Assistant Director, Division 

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

dated October 14, 2004 (‘‘Amendment No. 1’’).

4See letter from Mary Yeager, Assistant Secretary, 

NYSE to Nancy Sanow, Assistant Director, Division, 

Commission, dated October 27, 2004 (‘‘Amendment 

No. 2’’).

5See Securities Exchange Act Release No. 50639 

(November 5, 2004), 69 FR 65488.

6 In aproving this proposed rule change, as 

amended, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f).

7 15 U.S.C. 78f.

8 15 U.S.C. 78f(b)(4).

9 15 U.S.C. 78s(b)(2).

10 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. 48264 

(July 31, 2003), 68 FR 47124.

4 17 CFR 200.30–3(a)(12).

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

2 17 CFR 240.19b–4.

3See letter from Steven B. Matlin, Senior 

Counsel, Regulatory Policy, PCX, to Nancy J. 

Sanow, Assistant Director, Division of Market 

Regulation (‘‘Division’’), Commission, dated 

October 25, 2004, and accompanying Form 19b–4 

(‘‘Amendment No. 1’’). Amendment No. 1 replaced 

and superseded the originally filed proposed rule 

change.

4See letter from Steven B. Matlin, Senior 

Counsel, Regulatory Policy, PCX, to Nancy J. 

Sanow, Assistant Director, Division, Commission, 

dated October 25, 2004 (‘‘Amendment No. 2’’) 

Amendment No. 2 made technical corrections to the 

proposed rule text of the proposed rule change, as 

amended.

5See Securities Exchange Act Release No. 50645 

(November 5, 2004), 69 FR 65670.

customer’s receipt of the NYSE Alerts 

datafeed. On October 15, 2004, the 

NYSE filed Amendment No. 1 to the 

proposed rule change.3 On October 28, 

2004, the NYSE filed Amendment No. 2 

to the proposed rule change.4

The proposed rule change, as 

amended, was published for comment 

in the Federal Register on November 12, 

2004.5 The Commission received no 

comments on the amended proposal.

The Commission finds that the 

proposed rule change, as amended, is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange 6 and, in particular, 

the requirements of Section 6 of the 

Act 7 and the rules and regulations 

thereunder. The Commission finds 

specifically that the proposed rule 

change, as amended, is consistent with 

Section 6(b)(4) of the Act 8 in that it is 

designed to provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among the Exchange’s 

members and other persons using its 

facilities.

The Commission notes that the NYSE 

is amending its fee schedule to 

incorporate a $500 fee for its NYSE 

Alerts datafeed, which will provide realtime information relating to MOC 

Market Imbalances, Delayed Openings/

Trading Halts, ITS Pre-Opening 

Indications/Trading Range Indications, 

Trading Collar Messages, and Circuit 

Breaker Messages. The Commission 

further notes that the information that 

would be included in the NYSE Alerts 

datafeed is currently available and 

would continue to be available to the 

public through the Consolidated Tape 

Association network and through 

various news services. Vendors and 

investors who choose to subscribe to 

NYSE Alerts would be paying for the 

convenience of having this currently 

available public information repackaged 

into a single datafeed. The Commission 

therefore believes that the proposed fee 

is reasonable and finds that the 

proposed rule change, as amended, is 

consistent with the Act. 

It is therefore ordered, pursuant to 

Section 19(b)(s) of the Act 9, that the 

proposed rule change (File No. SR–

NYSE–2004–53), as amended, be, and it 

hereby is, approved.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 04–27937 Filed 12–21–04; 8:45 am] 

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50847; File No. SR–PCX–

2002–57] 

Self-Regulatory Organizations; Notice 

of Withdrawal of Proposed Rule 

Change by the Pacific Exchange, 

Incorporated Relating to the 

Implementation of a New Order Audit 

Trail System 

December 14, 2004. 

On August 9, 2002, the Pacific 

Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

a proposed rule change pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (the ‘‘Act’’),1 and 

Rule 19b–4 thereunder,2 to adopt new 

rules relating to the creation of an order 

audit trail system called Electronic 

Order Capture System (‘‘EOC’’). On July 

28, 2003, the Exchange filed 

Amendment No. 1 to the proposed rule 

change. On July 30, 2003, the Exchange 

submitted Amendment No. 2 to the 

proposed rule change. On August 7, 

2003, the proposed rule change, as 

amended, was published for comment 

in the Federal Register to solicit 

comment for interest persons.3 No 

comments were received. Subsequently, 

on October 9, 2003 and October 14, 

2003, the Exchange submitted 

Amendment Nos. 3 and 4 to the 

proposed rule change.

On December 14, 2004, the Exchange 

withdrew the proposed rule change and 

all amendments thereto.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.4

J. Lynn Taylor, 

Assistant Secretary.

[FR Doc. 04–27936 Filed 12–21–04; 8:45 am] 

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50868; File No. SR–PCX–

2004–59

Self-Regulatory Organizations; Pacific 

Exchange, Inc.; Order Approving a 

Proposed Rule Change and 

Amendment Nos. 1 and 2 Thereto 

Relating to a New Order Modifier 

Entitled ‘‘Proactive if Locked Reserve’’

December 16, 2004. 

On July 1, 2004, the Pacific Exchange, 

Inc. (‘‘PCX’’ or ‘‘Exchange’’), through its 

wholly-owned subsidiary PCX Equities, 

Inc. (‘‘PCXE’’), filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend its rules governing the 

Archipelago Exchange (‘‘ArcaEx’’), the 

equities trading facility of PCXE, by 

adding new processing capability for 

ArcaEx Reserve Orders in situations 

where a Reserve order in an exchangelisted security is locked by another 

market. On October 26, 2004, the PCX 

submitted Amendment No. 1 to the 

proposed rule change.3 On October 28, 

2004, the PCX submitted Amendment 

No. 2 to the proposed rule change.4 The 

proposed rule change, as amended, was 

published for comment in the Federal 

Register on November 15, 2004.5 The 

Commission received no comments on 

the proposal.

The Exchange proposes to add a new 

order modifier entitled ‘‘Proactive if 

Locked Reserve’’ as an additional