[Federal Register Volume 68, Number 35 (Friday, February 21, 2003)]
[Notices]
[Pages 8534-8535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4094]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-47361; File No. SR-Amex-2003-04]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the American Stock Exchange 
LLC To Extend the Suspension of Exchange Transaction Charges for 
Certain Exchange-Traded Funds

February 13, 2003.
    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 February 3, 2003, the American Stock Exchange LLC (``Amex'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Amex proposes to extend until February 28, 2003 the suspension 
of Exchange transaction charges for specialist, Registered Trader and 
broker-dealer orders for the iShares Lehman 1-3 year Treasury Bond 
Fund; iShares Lehman 7-10 year Treasury Bond Fund; Treasury 10 FITR 
ETF; Treasury 5 FITR ETF; Treasury 2 FITR ETF; and Treasury 1 FITR ETF. 
Proposed new language is italicized; proposed deletions are in 
[brackets].
* * * * *
Amex Equity Fee Schedule
I. Transaction Charges
    No change.
II. Regulatory Fee
    No Change.
    Notes:
    1. and 2. No change.
    3. Customer transaction charges for the following Portfolio 
Depositary Receipts, Index Fund Shares, and Trust Issued Receipts have 
been suspended:

DIA--DIAMONDS [reg]
QQQ--Nasdaq-100 [reg] Index Tracking Stock
SPY--SPDRs[reg]
IVV--iShares S&P 500
MDY--MidCap SPDRs
XLY--Select Sector SPDR--Consumer Discretionary
XLP--Select Sector SPDR--Consumer Staples
XLE--Select Sector SPDR--Energy
XLF--Select Sector SPDR--Financial
XLV--Select Sector SPDR--Health Care
XLI--Select Sector SPDR--Industrial
XLB--Select Sector SPDR--Materials
XLK--Select Sector SPDR--Technology
XLU--Select Sector SPDR--Utilities
BHH--B2B Internet HOLDRs\TM\
BBH--Biotech HOLDRs
BDH--Broadband HOLDRs
EKH--Europe 2001 HOLDRs
IAH--Internet Architecture HOLDRs
HHH--Internet HOLDRs
IIH--Internet Infrastructure HOLDRs
MKH--Market 2000+ HOLDRs
OIH--Oil Service HOLDRs
PPH--Pharmaceutical HOLDRs
RKH--Regional Bank HOLDRs
RTH--Retail HOLDRs
SMH--Semiconductor HOLDRs
SWH--Software HOLDRr
TTH--Telecom HOLDRs
UTH--Utilities HOLDRs
WMH--Wireless HOLDRs
SHY--iShares Lehman 1-3 Year Treasury Bond Fund
IEF--iShares Lehman 7-10 Year Treasury Bond Fund
TLT--iShares Lehman 20+ Year Treasury Bond Fund
LQD--iShares GS $ InvesTop Corporate Bond Fund
TFT--Treasury 1 FITR ETF
TOU--Treasury 2 FITR ETF
TFI--Treasury 5 FITR ETF
TTE--Treasury 10 FITR ETF

    Until [January 31] February 28, 2003, transaction charges also have 
been suspended in SHY, IEF, TFT, TOU, TFI and TTE for specialist, 
Registered Trader and broker dealer orders.
* * * * *

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 Amex 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 Exchange 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 extending until February 28, 2003 the suspension of 
transaction charges in iShares Lehman 1-3 year Treasury Bond Fund 
(Symbol: SHY); iShares Lehman 7-10 year Treasury Bond Fund (Symbol: 
IEF); Treasury 10 FITR ETF (Symbol: TTE); Treasury 5 FITR ETF (TFI); 
Treasury 2 FITR ETF (TOU); and Treasury 1 FITR ETF (TFT) for 
specialist, Registered Trader and broker-dealer orders. The Exchange 
previously filed a suspension in such charges until November 30, 
2002,\3\ December 13, 2002,\4\ and January 31, 2003.\5\
    The Exchange believes a suspension of fees for these securities is 
appropriate to enhance the competitiveness of executions in these 
securities on the Amex. The Exchange will reassess the fee suspension 
as appropriate, and will file any modification to the fee suspension 
with the Commission pursuant to Section 19(b)(3)(A) of the 1934 Act.
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    \3\ See Securities Exchange Act Release No. 46765 (November 1, 
2002), 67 FR 68893 (November 13, 2002) (SR-Amex-2002-91).
    \4\ See Securities Exchange Act Release No. 46996 (December 13, 
2002), 67 FR 78264 (December 23, 2002) (SR-Amex-2002-98).
    \5\ See Securities Exchange Act Release No. 47141 (January 8, 
2003), 68 FR 2090 (January 15, 2003) (SR-Amex-2002-115).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(4)\7\ in particular, in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among its members and other persons using its facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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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

    The Exchange has neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)\9\ thereunder because 
the proposal: (i) Does not significantly affect the

[[Page 8535]]

protection of investors or the public interest; (ii) does not impose 
any significant burden on competition; and (iii) does not become 
operative prior to 30 days after the date of filing or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest; provided that the Exchange has 
given the Commission notice of its intent to file the proposed rule 
change, along with a brief description and text of the proposed rule 
change, at least five business days prior to the date of filing of the 
proposed rule change, or such short time as designated by the 
Commission. 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    The Amex has requested that the Commission waive the five-day pre-
filing notice and the 30-day operative delay. The Commission believes 
that waiving the five-day pre-filing notice and the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. The Commission notes that fee suspensions for the exchange-
trade funds that are the subject of this filing have been previously 
filed with the Commission.\10\ Further, extension of the fee suspension 
for specialist, Registered Trader, and broker-dealer orders will permit 
the fee suspensions to continue uninterrupted. For these reasons, the 
Commission designates the proposal to be effective and operative upon 
filing with the Commission.\11\
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    \10\ See supra notes 3, 4, and 5.
    \11\ For purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
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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 proposed rule 
change 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 at the 
Commission's Public Reference Room. Copies of such filing will also be 
available for inspection and copying at the principal office of the 
Exchange. All submissions should refer to File No. SR-Amex-2003-04 and 
should be submitted by March 14, 2003.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
Margaret H. McFarland,
Deputy Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 03-4094 Filed 2-20-03; 8:45 am]
BILLING CODE 8010-01-P