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Federal Register / Vol. 70, No.

14 / Monday, January 24, 2005 / Notices 3401

First hearing: Boise, Thursday, SECURITIES AND EXCHANGE the Internet (as opposed to printing and
January 6 (Boise, Payette, Weiser, COMMISSION mailing or faxing the forms).
Powder, Burnt, Upper and Lower Mid- Investors who choose not to use the
Snake). Proposed Collection; Comment complaint and question forms receive
Second hearing: Clarkston, Request; Upon Written Request, the same level of service as those who
Wednesday, January 12 (Clearwater, Copies Available From: Securities and do. The dual purpose of the forms is to
Imnaha, Snake Hells Canyon, Walla Exchange Commission, Office of make it easier for the public to contact
Walla). Filings and Information Services, the agency with complaints, questions,
Third hearing: Vancouver, Tuesday, Washington, DC 20549 tips, or other feedback and to streamline
January 18 in conjunction with the the workflow of the SEC staff who
Extension: Complaint & Question Forms; SEC handle those contacts.
Council meeting (Lower Columbia, File No. 270–485; OMB Control No.
Columbia Estuary). The SEC has used—and will continue
3235–0547.
Fourth hearing: Hood Rover, Monday, to use—the information that investors
January 24 (Deschutes, Klickitat, Little Notice is hereby given that pursuant supply on the complaint and question
White Salmon, Lower Mid-Columbia, to the Paperwork Reduction Act of 1995 forms to review and process the contact
Wind). (44 U.S.C. 3501 et seq.) the Securities (which may, in turn, involve responding
Fifth hearing: Wenatchee, and Exchange Commission to questions, processing complaints, or,
Wednesday, January 26 (Entiat, (‘‘Commission’’) is soliciting comments as appropriate, initiating enforcement
Methow, Okanagon, Wenatchee, on the collection of information investigations), to maintain a record of
Yakima). summarized below. The Commission contacts, to track the volume of investor
plans to submit this existing collection complaints, and to analyze trends.
Sixth hearing: Kalispell, Wednesday,
of information to the Office of The complaint forms ask investors to
January 27 (any subbasin). provide information concerning, among
See specific locations and schedules Management and Budget for extension
and approval. other things, their names, how they can
at www.subbasins.org. Check this link be reached, the names of the individuals
regularly, as we will post any updated Each year, the SEC receives more than
250,000 contacts from investors who or entities involved, the nature of their
information there. Public comment complaint or tip, what documents they
period for the above plans closes on have complaints or questions on a wide
range of investment-related issues. can provide, and what, if any, legal
January 31, 2005. actions they have taken. The question
The Council will consider all These contacts generally fall into the
following three categories: form asks investors to provide their
comments received on the draft program names, e-mail addresses, and questions.
amendments as it decides whether to (a) Complaints against SEC-regulated
Investor use of the SEC’s complaint
adopt them as amendments to the individuals or entities;
and question forms is strictly voluntary.
program. The Council tentatively has (b) Questions concerning the federal Moreover, the SEC does not require
scheduled the decision on program securities laws, companies or firms that investors to submit complaints,
adoption of these 29 subbasin plans at the SEC regulates, or other investment- questions, tips, or other feedback.
its February 2005 meeting in Portland. related questions; and Absent the forms, investors would still
For precise times and locations, please (c) Tips concerning potential have several ways to contact the agency,
contact the Council’s central office or violations of the federal securities laws. including telephone, facsimile, letters,
consult the Council’s web site. Investors who submit complaints, ask and e-mail. Nevertheless, the SEC
FOR FURTHER INFORMATION CONTACT: If questions, or provide tips do so created its complaint and question
you would like a copy of the Subbasin voluntarily. To make it easier for forms to make it easier for investors to
Plan Draft Amendments on a compact investors to contact the agency contact the agency with complaints,
disc or in printed form, please contact electronically, the SEC created a series questions, or tips. The forms further
the Council’s central office. The of investor complaint and question web streamline the workflow of SEC staff
Council’s address in 851 SW Sixth forms. The titles of the forms are: who record, process, and respond to
Avenue, Suite 1100, Portland, Oregon Enforcement Complaint Form; Investor investor contacts.
97204 and its telephone numbers are Complaint Form; Financial Privacy The staff of the SEC estimates that the
503–222–5161: 800–452–5161. The Notice Complaint Form; and Questions total reporting burden for using the
Council’s FAX number is 503–820– and Feedback Form. Investors can complaint and question forms is 5,000
2370. The Subbasin Plan Draft access these forms through the SEC hours. The calculation of this estimate
Amendments are also fouind on the Center for Complaints and Enforcement depends on the number of investors
Council’s Web site: www.nwcouncil.org. Tips at http://www.sec.gov/ who use the forms each year and the
If you are submitting comments on complaint.shtml. estimated time it takes to complete the
the draft amendments, please note Although the SEC’s complaint and forms: 20,000 respondents × 15 minutes
prominently which subbasin plan you question forms provide a structured = 5,000 burden hours.
are commenting on and address them to format for incoming investor Written comments are invited on: (a)
Mr. Mark Walker, Director of Public correspondence, the SEC does not Whether the proposed collection of
Affairs. Comments may be submitted by require that investors use any particular information is necessary for the proper
mail, by facsimile transmission (FAX), form or format when contacting the performance of the functions of the
or by electronic mail at: agency. To the contrary, investors may agency, including whether the
comments@nwcouncil.org. All submit complaints, questions, and tips information will have practical utility;
comments must be received by 5 p.m. through a variety of other means, (b) the accuracy of the agency’s estimate
on January 31, 2005. including telephone, letter, facsimile, or of the burden of the collection of
e-mail. Approximately 20,000 investors information; (c) ways to enhance the
Stephen L. Crow, each year voluntarily choose to use the quality, utility, and clarity of the
Executive Director. complaint and question forms, and information collected; and (d) ways to
[FR Doc. 05–1249 Filed 1–21–05; 8:45 am] approximately 98% of those investors minimize the burden of the collection of
BILLING CODE 7905–01–M submit the forms electronically through information on respondents, including

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3402 Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices

through the use of automated collection II. Self-Regulatory Organization’s Consistent with the reporting
techniques or other forms of information Statement of the Purpose of, and requirement for QQQQ options, the
technology. Consideration will be given Statutory Basis for, the Proposed Rule Exchange would require that each
to comments and suggestions submitted Change member or member organization that
in writing within 60 days of this In its filing with the Commission, the maintains a position on the same side of
publication. Exchange included statements the market in excess of 10,000 contracts
Please direct your written comments in the SPDR option class, for its own
concerning the purpose of, and basis for,
to R. Corey Booth, Director/Chief account or for the account of a customer
the proposed rule change and discussed
Information Officer, Office of report certain information.4 This data
any comments it had received on the
Information Technology, Securities and would include, but would not be
proposed rule change. The text of these
Exchange Commission, 450 5th Street, limited to, the option position, whether
statements may be examined at the
NW., Washington, DC 20549. such position is hedged and if so, a
places specified in Item III below. The
Dated: January 13, 2005.
description of the hedge and if
Amex has prepared summaries, set forth
applicable, the collateral used to carry
Margaret H. McFarland, in Sections A, B, and C below, of the
the position. Exchange market makers
Deputy Secretary. most significant aspects of such
would continue to be exempt from this
[FR Doc. E5–252 Filed 1–21–05; 8:45 am] statements. reporting requirement as market maker
BILLING CODE 8010–01–P A. Self-Regulatory Organization’s information can be accessed through the
Statement of the Purpose of, and Exchange’s market surveillance systems.
Statutory Basis for, the Proposed Rule In addition, the general reporting
SECURITIES AND EXCHANGE Change requirement for customer accounts that
COMMISSION maintain a position in excess of 200
1. Purpose contracts would remain at this level for
[Release No. 34–51043; File No. SR–Amex–
2005–06] The Exchange commenced trading SPDR options.5
options on SPDRs on January 10, 2005.
2. Statutory Basis
Self-Regulatory Organizations; The Exchange proposes to amend
American Stock Exchange LLC; Notice Commentary .07 to Amex Rule 904 to The Exchange believes the proposed
of Filing and Order Granting increase position limits and exercise rule change is consistent with Section
Accelerated Approval to a Proposed limits for options on SPDRs from 75,000 6(b) of the Act,6 in general, and furthers
Rule Change Relating to Position to 300,000 contracts on the same side of the objectives of Section 6(b)(5) of the
Limits and Exercise Limits for Options the market. Act,7 in particular, in that it is designed
on Standard and Poor’s Depositary Given the expected institutional to prevent fraudulent and manipulative
Receipts demand for options on SPDRs, the acts and practices, to promote just and
Amex believes the current equity equitable principles of trade, to foster
January 14, 2005. cooperation and coordination with
position limit of 75,000 contracts to be
Pursuant to Section 19(b)(1) of the too low and a limitation to the persons engaged in facilitating
Securities Exchange Act of 1934 successful trading of the product. SPDR transactions in securities, and remove
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 options are 1/10th the size of options on impediments to and perfect the
notice is hereby given that on January the Standard and Poor’s 500 Index mechanisms of a free and open market
13, 2005, the American Stock Exchange (SPX). Therefore, a position limit of and a national market system.
LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with 75,000 contracts in SPDR options is B. Self-Regulatory Organization’s
the Securities and Exchange equivalent to a 7,500 contract position Statement on Burden on Competition
Commission (‘‘Commission’’) the limit in SPX options. Traders who trade
proposed rule change as described in The Exchange does not believe that
SPDR options to hedge positions in SPX the proposed rule change will impose
Items I, II, and III below, which Items options are likely to find a position limit
have been prepared by the Exchange. any burden on competition not
of 75,000 contracts in SPDR options too necessary or appropriate in furtherance
The Commission is publishing this restrictive, which may adversely affect
notice to solicit comments on the of the purposes of the Act.
the Exchange’s ability to provide
proposed rule change from interested liquidity in this product. C. Self-Regulatory Organization’s
persons. In addition, the Commission is Comparable products, such as options Statement on Comments on the
granting accelerated approval of the on the Nasdaq-100 Index Tracking Stock Proposed Rule Change Received From
proposed rule change. (‘‘QQQQ’’) and the DIAMONDS Trust Members, Participants, or Others
I. Self-Regulatory Organization’s (‘‘DIA’’), are subject to a 300,000 No written comments were solicited
Statement of the Terms of Substance of contract limit. The Exchange proposes or received with respect to the proposed
the Proposed Rule Change that options on SPDRs similarly be rule change.
subject to position limits and exercise
The Exchange proposes to amend limits of 300,000 contracts.3 The III. Solicitation of Comments
Amex Rule 904 to increase position Interested persons are invited to
Exchange believes that increasing
limits and exercise limits for options on submit written data, views, and
position limits and exercise limits for
Standard & Poor’s Depositary Receipts  arguments concerning the foregoing,
SPDR options would lead to a more
(‘‘SPDRs ’’). The text of the proposed including whether the proposed rule
liquid and competitive market
rule change is available on the Amex’s change is consistent with the Act.
environment for SPDR options that
Web site (www.amex.com), at the Comments may be submitted by any of
would benefit customers interested in
Amex’s Office of the Secretary, and at the following methods:
this product.
the Commission’s Public Reference
Room. 3 Pursuant to Amex Rule 905(a)(i), the exercise
4 See Amex Rule 906(b).
5 See Amex Rule 906(a).
limit for SPDR options under Amex Rule 905 would
1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b).
be equivalent to the position limit established in
2 17 CFR 240.19b–4. Amex Rule 904, Commentary .07. 7 15 U.S.C. 78f(b)(5).

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