

[Federal Register: October 5, 2005 (Volume 70, Number 192)]
[Notices]               
[Page 58247-58248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc05-111]                         

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52516; File No. SR-Amex-2005-078]

 
Self-Regulatory Organizations; American Stock Exchange LLC; Order 
Granting Approval to a Proposed Rule Change and Amendment No. 1 Thereto 
To Temporarily Suspend Specialist Transaction Charges for the Nasdaq-
100 Index Tracking Stock[supreg] (QQQQ)

September 27, 2005.
    On July 15, 2005, the American Stock Exchange LLC (``Amex'') filed 
with the

[[Page 58248]]

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 
Participant Fee Schedule to suspend specialist transaction charges for 
the trading of Nasdaq-100 Index Tracking Stock[supreg] (``QQQQ''), 
retroactively from July 1, 2005 through July 17, 2005. On August 12, 
2005, the Exchange filed Amendment No. 1 to the proposed rule 
change.\3\ The proposed rule change, as amended, was published for 
comment in the Federal Register on August 23, 2005.\4\ The Commission 
received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Amex made minor technical changes to the 
proposed rule text and provided further discussion on how the 
proposal is consistent with the requirement under Section 6(b)(4) of 
the Act to provide for the equitable allocation of reasonable dues, 
fees, and other charges among its members and issuers and other 
persons using its facilities. See 15 U.S.C. 78f(b)(4).
    \4\ See Securities Exchange Act Release No. 52273 (August 16, 
2005), 70 FR 49339.
---------------------------------------------------------------------------

    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.\5\ 
In particular, the Commission believes that the proposal is consistent 
with Section 6(b)(4) of the Act \6\ in that it provides for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members.
---------------------------------------------------------------------------

    \5\ In approving this proposed rule change, the Commission notes 
that it has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\7\ that the proposed rule change (File No. SR-Amex-2005-078), as 
amended, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-5454 Filed 10-4-05; 8:45 am]

BILLING CODE 8010-01-P
