[Federal Register: August 24, 2004 (Volume 69, Number 163)]
[Notices]               
[Page 52053-52054]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au04-103]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-50215; File No. SR-CHX-2004-14]

 
Self-Regulatory Organizations; The Chicago Stock Exchange, 
Incorporated; Order Granting Approval to Proposed Rule Change Relating 
to the Handling of Preopening Orders in Nasdaq/NM Securities

August 18, 2004.
    On May 19, 2004, The Chicago Stock Exchange, Incorporated (``CHX'' 
or ``Exchange'') filed with the Securities and Exchange Commission

[[Page 52054]]

(``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 the manner in which it handles preopening 
orders in Nasdaq/NM securities, to eliminate the distinction in the 
treatment of orders received at or before 8:20 a.m. and those received 
after 8:20 a.m. (Central Time) until the opening of trading. The 
proposed rule change was published for comment in the Federal Register 
on July 14, 2004.\3\ The Commission received no comments on the 
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 49978 (July 7, 
2004), 69 FR 42231.
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    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange\4\ and, in 
particular, the requirements of Section 6 of the Act\5\ and the rules 
and regulations thereunder. The Commission finds specifically that the 
proposed rule change is consistent with Section 6(b)(5) of the Act,\6\ 
in that it is designed to promote just and equitable principles of 
trade, to remove impediments to and perfect the mechanism of a free and 
open market and a national market system, and, in general, to protect 
investors and the public interest.
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    \4\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5)
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act\7\, that the proposed rule change (SR-CHX-2004-14) be, and it 
hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E4-1894 Filed 8-23-04; 8:45 am]

BILLING CODE 8010-01-P