[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Notices]
[Pages 55288-55289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21956]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-46379; File No. SR-Amex-2002-69]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the American Stock Exchange 
LLC to Correct an Improperly Numbered Rule

August 19, 2002.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 14, 2002, the American Stock Exchange LLC (``Amex'' 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 Exchange. The Amex 
has designated this proposal as one concerned solely with the 
administration of the Amex pursuant to section 19(b)(3)(A)(iii) of the 
Act,\3\ and Rule 19b-4(f)(3) \4\ thereunder,\5\ 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
    \5\ Despite inconsistencies in the proposed rule change, the 
Amex confirmed that the proposed rule change is filed pursuant to 
section 19(b)(3)(A)(iii) and Rule 19b-4(f)(3) thereunder, because it 
makes no substantive changes, and is concerned solely with the 
administration of the Amex. 15 U.S.C. 78s(b)(3)(A)(iii), 17 CFR 
240.19b-4(f)(3). August 19, 2002 telephone conversation between 
Ivonne Natal, Assistant General Counsel, Amex, and Joseph Morra, 
Special Counsel, Division of Market Regulation, Commission.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Amex proposes to change the rule number originally assigned to 
Amex Rule 431 (Anti-Money Laundering Compliance Program) to Amex Rule 
432. The text of the proposed rule change is available at the Amex and 
at the Commission.

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 Exchange included statements 
concerning the purpose of and basis for its proposal and discussed any 
comments it received regarding the proposal. The text of these 
statements may be examined at the places specified in Item IV below. 
The Amex 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 proposes to replace the rule number originally 
assigned to Amex Rule 431 (Anti-Money Laundering Compliance Program), 
and replace it with Amex Rule 432. The Amex chose the wrong rule number 
inadvertently when it filed SR-Amex-2002-52.\6\ At that time, there 
already existed an Amex Rule 431. The Amex proposes to make no other 
changes to the rule at this time.
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    \6\ See Securities Exchange Act Release No. 46258 (July 25, 
2002), 67 FR 49715 (July 31, 2002) (approval order).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with section 
6(b) of the Act \7\ in general and furthers the objectives of section 
6(b)(1) of the Act \8\ in particular in that it is designed to enforce 
compliance by its members and persons associated with its members, with 
the rules of the Exchange.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any 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

    The proposed rule change has become effective pursuant to section 
19(b)(3)(A)(iii) of the Act \9\ and subparagraph (f)(3) of Rule 19b-4 
thereunder,\10\ because it is concerned solely with the administration 
of the Amex. At any time within 60 days of the filing of the 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(3).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the Act. Persons making written submissions should file 
six copies thereof with the Secretary, Securities and Exchange 
Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 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 will also be available for 
inspection and copying at the principal office of the Amex. All 
submissions should refer to file number SR-Amex-2002-69 and should be 
submitted by September 18, 2002.


[[Page 55289]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-21956 Filed 8-27-02; 8:45 am]
BILLING CODE 8010-01-P