

[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Notices]               
[Page 39135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-126]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54094; File No. SR-Amex-2006-42]

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

    On May 2, 2006, the American Stock Exchange LLC (``Amex'' or 
``Exchange'') 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 retroactively apply a suspension of transaction 
charges for specialist orders in connection with the trading of the 
Nasdaq-100 Index Tracking Stock[supreg] (Symbol: QQQQ) from March 1, 
2006, through April 5, 2006. On May 12, 2006, 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 June 1, 2006.\4\ The Commission received no comments on the 
proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the original filing 
in its entirety.
    \4\ See Securities Exchange Act Release No. 53871 (May 26, 
2006), 71 FR 31236.
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    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.
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    \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).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\7\ that the proposed rule change (File No. SR-Amex-2006-42), as 
amended, be, and it hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-10762 Filed 7-10-06; 8:45 am]

BILLING CODE 8010-01-P
