55932 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 

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). 

5 DIAMONDS is a registered trademark of Dow 

Jones & Company, Inc. (‘‘Dow Jones’’) for securities 

issued by the Diamonds Trust, Series 1 and has 

been licensed for use for certain purposes by Dow 

Jones to PDR Services Corporation (‘‘PDR’’) and the 

American Stock Exchange LLC (‘‘Amex’’) pursuant 

to a license agreement with Dow Jones. DIAMONDS 

and options which have DIAMONDS as their sole 

underlying interest (‘‘DIAMONDS Options’’) are not 

sponsored, endorsed, sold, or promoted by Dow 

Jones. Dow Jones, PDR, and Amex have not licensed 

or authorized ISE to (i) engage in the creation, 

listing, provision of a market for trading, marketing, 

and promotion of DIAMONDS Options or (ii) to use 

and refer to the DIAMONDS trademark in 

connection with the listing, provision of a market 

for trading, marketing, and promotion of 

DIAMONDS Options or with making disclosures 

concerning DIAMONDS Options under any 

applicable federal or state laws, rules or regulations, 

and do not sponsor, endorse, or promote such 

activity by ISE. ISE is not affiliated in any manner 

with Dow Jones, PDR, or Amex. 6The ISE represents that DIA constitutes ‘‘Fund 

Shares,’’ as defined in ISE Rule 502(h). Telephone 

conversation between Samir Patel, Assistant 

General Counsel, ISE, and Richard Holley III, 

Special Counsel, Division of Market Regulation, 

Commission, on September 8, 2005. 7The ISE represents that these fees will be 

charged only to Exchange members. Telephone 

conversation between Samir Patel, Assistant 

General Counsel, ISE, and Richard Holley III, 

Special Counsel, Division of Market Regulation, 

Commission, on September 8, 2005. 8See ISE Rule 100(32) (defining ‘‘Public 

Customer’’ as a person that is not a broker or dealer 

in securities). 9See ISE Rule 100(22) (defining ‘‘Non-Customer’’

as a person or entity that is a broker or dealer in 

securities). 

10The Commission notes that the applicable 

execution fee is currently between $.21 and $.12 per 

contract side, depending on the Exchange Average 

Daily Volume, and the comparison fee is currently 

$.03 per contract per side. 11 15 U.S.C. 78f(b)(4). 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 19b–4(f)(2). 

records that contain testing or 

examination material the release of 

which may compromise testing or 

examination procedures are also 

exempted from 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (H), and (I), and (f). 

Dated: August 15, 2005. 

Gilbert Smith 

Associate Director for Management. 

[FR Doc. 05–19023 Filed 9–22–05; 8:45 am] 

BILLING CODE 6501–01–M 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52462; File No. SR–ISE–

2005–43] 

Self-Regulatory Organizations; 

International Securities Exchange, Inc.; 

Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Fee Changes 

September 19, 2005. 

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 

September 1, 2005, the International 

Securities Exchange, Inc. (‘‘ISE’’ 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 ISE. The ISE has 

designated this proposal as one 

establishing or changing a due, fee, or 

other charge imposed by the ISE under 

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 

The ISE is proposing to amend its 

Schedule of Fees to establish fees for 

transactions in options on the 

DIAMONDS Trust, Series 1, an 

exchange-traded fund.5 The text of the 

proposed rule change is available on the 

ISE’s Web site (http:// 

www.iseoptions.com/legal/ 

proposed_rule_changes.asp), at the 

principal office of the ISE, 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, the 

ISE 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 ISE 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 

The Exchange is proposing to amend 

its Schedule of Fees to establish fees for 

transactions in options on the 

DIAMONDS Trust, Series 1 (‘‘DIA’’), 

an exchange-traded fund.6 Specifically, 

the Exchange is proposing to adopt an 

execution fee and a comparison fee for 

all transactions in options on DIA.7 The 

amount of the execution fee and 

comparison fee for the product covered 

by this filing shall be the same for all 

order types on the Exchange—that is, 

orders for Public Customers 8 and NonCustomers 9 (which include Market 

Makers and Firm Proprietary)—and 

shall be equal to the execution fee and 

comparison fee, respectively, that are 

currently charged by the Exchange for 

transactions by Non-Customers in 

equity options.10 The Exchange believes 

the proposed rule change will further 

the Exchange’s goal of introducing new 

products to the marketplace that are 

competitively priced. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b)(4) of the Act,11 which 

requires that an exchange have an 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and other persons using its 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change 

establishes or changes a due, fee, or 

other charge imposed by the Exchange, 

it has become effective pursuant to 

Section 19(b)(3)(A) of the Act 12 and 

Rule 19b–4(f)(2) 13 thereunder. 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 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 55933 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 In Amendment No. 1, the Exchange clarified 

and supplemented certain aspects of its proposal. 

Amendment No. 1 supplements the information 

provided in various sections of the Exchange’s 

Form 19b–4. 

4 In Amendment No. 2, the Exchange made 

technical and clarifying changes to its proposal. 

Amendment No. 2 supplements the information 

provided in various sections of the Exchange’s 

Form 19b–4. The Commission has made minor 

technical changes to this notice with Nasdaq’s 

consent. Telephone conversation between Susie 

Cho, Special Counsel, Jan Woo, Attorney, Division 

of Market Regulation, Commission, and John Carey, 

Assistant General Counsel, NYSE, on August 19, 

2005. 

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 

No. SR–ISE–2005–43 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–9303. 

All submissions should refer to File 

Number SR–ISE–2005–43. 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 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of the ISE. 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–ISE–2005–43 and should be 

submitted on or before October 14, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.14

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 05–19035 Filed 9–22–05; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52463; File No. SR–NYSE–

2005–35] 

Self-Regulatory Organizations; New 

York Stock Exchange, Inc.; Notice of 

Filing of Proposed Rule Change and 

Amendment Nos. 1 and 2 Thereto 

Relating to Changes to Listed 

Company Manual Section 902.00 

Regarding Listing Fees 

September 16, 2005. 

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 May 18, 

2005, the New York Stock Exchange, 

Inc. (‘‘NYSE’’ 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 NYSE. On 

July 29, 2005, NYSE filed Amendment 

No. 1 to the proposed rule change.3 On 

August 16, 2005, NYSE filed 

Amendment No. 2 to the proposed rule 

change.4 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 proposed rule filing proposes a 

number of changes to the current fee 

chapter set out in Sections 902.01 to 

902.04 of the Listed Company Manual. 

In addition, the Exchange is proposing 

a reorganization of the relevant sections 

of the Listed Company Manual into a 

clearer and more concise format setting 

out fees by type of listed security. 

The text of the proposed rule change 

is below. Proposed new language is in 

italics; proposed deletions are in 

[brackets]. 

Listed Company Manual 

* * * * * 

902.00 [Listing] Fees for Listed 

Securities 

902.01 Listed[ing] Securities Fee 

Agreement [, Current Form] 

Each Listing Application submitted to 

the Exchange should must be 

accompanied by a Listed Securities Fee 

Agreement, in which the Company 

undertakes to pay Listing Fees and 

Annual Fees, unless such an agreement 

in the form shown below has previously 

been filed with the Exchange. 

AGREEMENT made this ll day of 

llllll 20ll by 

llllllllll organized and 

existing under the laws of the State of 

llllll (hereinafter called the 

‘‘Company’’) with the New York Stock 

Exchange, Inc. (hereinafter called the 

‘‘Exchange’’). 

WITNESSETH: 

I. WHEREAS the Company has applied 

for the listing upon the Exchange of: 

lllllllllllllllllll

2. WHEREAS it is a condition 

precedent to the consideration of listing 

applications that this fee agreement be 

in effect between the Company and the 

Exchange covering the payment of 

Listing Fees [initial] and [continuing] 

A[a]nnual F[ f]ees. 

NOW, THEREFORE, in consideration 

of the Exchange receiving and 

considering the application for the 

listing of the aforementioned securities, 

and subsequent applications, if any, for 

the listing of additional shares of such 

securities and/or other securities of the 

Company, the Company covenants and 

agrees to pay, when due, any applicable 

L[l]isting F[f]ees and Annual Fees 

established from time to time by the 

Exchange. 

IN WITNESS WHEREOF, the 

Company has caused these presents to 

be executed by its proper officers 

thereunto duly authorized and its 

corporate seal to be hereunto affixed, as 

of the day and year first above written. 

llllllll 

byllllllll lllllllll

(Name and Title) 

902.02 GENERAL INFORMATION ON 

FEES 

There are two types of fees applicable 

to listed issuers—Listing Fees and 

Annual Fees. All fees are payable upon 

receipt of invoice. This chapter sets out 

fees by type of security, with different 

fees applicable to equity securities, 

closed-end funds, structured products 

(defined as securities listed under 

Sections 703.18, 703.19 and 703.21), 

short-term securities (defined as 

securities having a term of seven years 

or less), investment company units