Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Revisions to the Series 4 Examination Program, 74085-74087 [E5-7326]
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Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.14
Jonathan G. Katz,
Secretary.
[FR Doc. E5–7306 Filed 12–13–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR-Phlx-2005–71 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR-Phlx-2005–71. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). 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 also will be
available for inspection and copying at
the principal office of the Phlx.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR-Phlx-2005–71 and should
be submitted on or before January 4,
2006.
[Release No. 34–52919; File No. SR–Phlx–
2005–66]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change and Amendment No. 1 Thereto
Relating to Revisions to the Series 4
Examination Program
December 7, 2005.
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 November
9, 2005, the Philadelphia Stock
Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by Phlx. On
November 28, 2005, Phlx filed
Amendment No. 1 to the proposed rule
change. Phlx has designated the
proposed rule change as constituting a
stated policy, practice, or interpretation
with respect to the meaning,
administration, or enforcement of an
existing rule of the self-regulatory
organization pursuant to Section
19(b)(3)(A)(i) of the Act 3 and Rule 19b–
4(f)(1) thereunder,4 which renders the
proposal effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Phlx is filing revisions to the study
outline and selection specifications for
the Limited Principal—Registered
Options (Series 4) examination program
(‘‘Series 4 Examination’’), which is
administered by the National
Association of Securities Dealers, Inc.
(‘‘NASD’’). The proposed revisions
update the material to reflect changes to
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(i).
4 17 CFR 240.19b–4(f)(1).
1 15
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74085
the laws, rules, and regulations covered
by the Series 4 Examination, as well as
to modify the content of the
examination program to track more
closely the functional workflow of a
Series 4 limited principal. Phlx is not
proposing any textual changes to its
rules.
The revised Series 4 Examination
study outline is available on Phlx’s Web
site (https://www.phlx.com), at the Phlx,
and at the Commission. However, the
Exchange has omitted the Series 4
Examination selection specifications
from this filing and has submitted the
specifications under separate cover to
the Commission with a request for
confidential treatment pursuant to Rule
24b–2 under the Act.5
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Phlx 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. Phlx 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
Phlx Rule 1024 states that a member
organization shall not transact any
business with the public in option
contracts unless those persons engaged
in the management of the member
organization’s business pertaining to
option contracts are registered with and
approved by the Exchange as Options
Principals. Additionally, the rule states
that no individual member shall
transact any business directly with the
public in option contracts unless he is
registered with and approved by the
Exchange as an Options Principal. The
Series 4 examination, an industry-wide
examination, qualifies an individual to
function as a Registered Options and
Security Futures Principal, but only for
purposes of supervising a member firm’s
options activities.6
The Series 4 Examination tests a
candidate’s knowledge of options
5 17
CFR 240.24b–2.
Registered Options and Security Futures
Principal must complete an additional continuing
education program before such person can
supervise security futures activities.
6A
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74086
Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices
trading generally, the Phlx rules
applicable to the trading of option
contracts, and the rules of registered
clearing agencies for options. The Series
4 Examination covers, among other
things, equity options, foreign currency
options, index options, and options on
government and mortgage-backed
securities.
The Series 4 Examination is shared by
Phlx and the following SROs: the
NASD, the American Stock Exchange
LLC, the Chicago Board Options
Exchange, Inc., the New York Stock
Exchange, Inc., and the Pacific
Exchange, Inc. NASD has filed with the
Commission similar revisions to the
study outline and selection
specifications for the Series 4
Examination.7 Phlx believes that the
other SROs are filing similar proposals.
A committee of industry
representatives, together with the staff
of Phlx and the other SROs, recently
undertook a periodic review of the
Series 4 Examination and study outline
and selection specifications. As a result
of this review and as part of an ongoing
effort to align the Series 4 Examination
more closely to the supervisory duties of
a Series 4 principal, Phlx is proposing
to modify the content of the Series 4
Examination to track the functional
workflow of a Series 4 principal. More
specifically, Phlx is proposing to revise
the main section headings and the
number of questions on each section of
the Series 4 study outline as follows:
Options Investment Strategies,
decreased from 35 to 34 questions;
Supervision of Sales Activities and
Trading Practices, increased from 71 to
75 questions; and Supervision of
Employees, Business Conduct, and
Recordkeeping and Reporting
Requirements, decreased from 19 to 16
questions. Phlx is further proposing
revisions to the study outline to reflect
the SEC short sale requirements. The
revised examination continues to cover
the areas of knowledge required to
supervise options activities.
Phlx is proposing similar changes to
the corresponding sections of the Series
4 Examination selection specifications
and question bank. The number of
questions on the Series 4 Examination
will remain at 125, and candidates will
have three hours to complete the exam.
Also, each question will continue to
count as one point and candidates must
correctly answer 70 percent of the
questions to receive a passing grade.
7 See Securities Exchange Act Release Nos. 51216
(February 16, 2005), 70 FR 8866 (February 23, 2005)
(SR–NASD–2005–25) and 52546 (September 30,
2005), 70 FR 59109 (October 11, 2005) (SR–NASD–
2005–109) (extending the implementation date of
the revisions to no later than November 30, 2005).
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15:29 Dec 13, 2005
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As further discussed below, the
Exchange is filing the proposed rule
change for immediate effectiveness. The
Exchange will announce the proposed
revisions in a Notice to Members to be
published prior to the implementation
date.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 8 in general and furthers the
objectives of Section 6(c)(3),9 which
authorize Phlx to prescribe standards of
training, experience and competence for
members of the Exchange or persons
associated with them.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Phlx does not believe that the
proposed rule change, as amended, will
impose any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR-Phlx-2005–66 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR-Phlx-2005–66. This file
number should be included on the
subject line if e-mail is used. To help the
No written comments were either
Commission process and review your
solicited or received.
comments more efficiently, please use
only one method. The Commission will
III. Date of Effectiveness of the
post all comments on the Commission’s
Proposed Rule Change and Timing for
Internet Web site (https://www.sec.gov/
Commission Action
rules/sro.shtml). Copies of the
The proposed rule change, as
submission, all subsequent
amended, has become effective pursuant amendments, all written statements
to Section 19(b)(3)(A)(i) 10 of the Act and with respect to the proposed rule
Rule 19b–4(f)(1) thereunder,11 in that
change that are filed with the
the proposed rule change constitutes a
Commission, and all written
stated policy, practice, or interpretation communications relating to the
with respect to the meaning,
proposed rule change between the
administration, or enforcement of an
Commission and any person, other than
existing rule of the Exchange.
those that may be withheld from the
At any time within 60 days of the
public in accordance with the
filing of the proposed rule change, the
provisions of 5 U.S.C. 552, will be
Commission may summarily abrogate
available for inspection and copying in
such rule change if it appears to the
the Commission’s Public Reference
Commission that such action is
Room. Copies of such filing also will be
necessary or appropriate in the public
available for inspection and copying at
interest, for the protection of investors,
the principal office of the Phlx. All
or otherwise in furtherance of the
comments received will be posted
12
purposes of the Act.
without change; the Commission does
not edit personal identifying
8 15 U.S.C. 78f(b).
information from submissions. You
9 15 U.S.C. 78f(c)(3).
should submit only information that
10 15 U.S.C. 78s(b)(3)(A)(i).
11 17 CFR 240.19b–4(f)(1).
you wish to make available publicly. All
12 The effective date of the original proposed rule
submissions should refer to File
is November 9, 2005. The effective date of
Number SR-Phlx-2005–66 and should
Amendment No. 1 is November 28, 2005. For
be submitted on or before January 4,
purposes of calculating the 60-day period within
which the Commission may summarily abrogate the 2006.
proposed rule change under Section 19(b)(3)(C) of
the Act, the Commission considers the period to
commence on November 28, 2005, the date on
which Phlx submitted Amendment No. 1. See 15
U.S.C. 78s(b)(3)(C).
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Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Jonathan G. Katz,
Secretary.
[FR Doc. E5–7326 Filed 12–13–05; 8:45 am]
Dated: December 9, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–24065 Filed 12–12–05; 1:01 pm]
BILLING CODE 4710–08–P
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF STATE
Office of the Secretary
[Docket No. OST–2001–8696]
[Public Notice 5246]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Rubens and His Age: Masterpieces
From the Hermitage’’
AGENCY:
ACTION:
Department of State
Notice.
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘Rubens and
His Age: Masterpieces from the
Hermitage’’, imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
agreements with the foreign owners. I
also determine that the exhibition or
display of the exhibit objects at the
Guggenheim-Hermitage Museum, Las
Vegas, Nevada, from on or about January
30, 2006, until on or about August 30,
2006, and at possible additional venues
yet to be determined, is in the national
interest. Public Notice of these
Determinations is ordered to be
published in the Federal Register.
For
further information, including a list of
the exhibit objects, contact Richard
Lahne, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8058). The address
is U.S. Department of State, SA–44, 301
4th Street, SW. Room 700, Washington,
DC 20547–0001.
FOR FURTHER INFORMATION CONTACT:
13 17
CFR 200.30–3(a)(12).
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Policy Guidance Concerning
Recipients’ Responsibilities to Limited
English Proficient (LEP) Persons
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Notice of guidance with request
for comments.
AGENCY:
SUMMARY: The United States Department
of Transportation (DOT) is publishing
guidance concerning services and
policies by recipients of Federal
financial assistance from the
Department of Transportation related to
persons with limited English
proficiency. The guidance is based on
the prohibition against national origin
discrimination in Title VI of the Civil
Rights Act of 1964, as it affects limited
English proficient persons.
DATES: This guidance is effective
immediately. Comments must be
received on or before January 13, 2006.
Late-filed comments will be considered
to the extent practicable. DOT will
review all comments and will determine
what modifications to the guidance, if
any, are necessary. This guidance
supplants existing guidance on the same
subject originally published at 66 FR
6733 (January 22, 2001).
ADDRESSES: You may submit comments,
identified by the docket number [OST–
2001–8696], by any of the following
methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: (202) 493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: To the Docket
Management System; Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
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74087
Instructions: You must include the
agency name and docket number [OST–
2001–8696] or the Regulatory
Identification Number (RIN) for this
notice at the beginning of your
comment. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
Docket: You may view the public
docket through the Internet at https://
dms.dot.gov or in person at the Docket
Management System office at the above
address.
FOR FURTHER INFORMATION CONTACT:
Joseph Austin, Chief, External Policy
and Program Development Division,
Departmental Office of Civil Rights,
Telephone: (202) 366–5992, TTY: (202)
366–9696, E-mail:
joseph.austin@dot.gov; or Bonnie
Angermann, Attorney-Advisor, Office of
General Law, Office of the General
Counsel, Telephone: (202) 366–9166, Email: bonnie.angermann@dot.gov.
Arrangements to receive the policy
guidance in an alternative format may
be made by contacting the named
individuals.
SUPPLEMENTARY INFORMATION: Title VI of
the Civil Rights Act of 1964, 42 U.S.C.
2000d, et seq., and its implementing
regulations provide that no person shall
be subjected to discrimination on the
basis of race, color, or national origin
under any program or activity that
receives Federal financial assistance.
The purpose of this limited English
proficiency policy guidance is to clarify
the responsibilities of recipients of
Federal financial assistance from the
U.S. Department of Transportation
(DOT) (‘‘recipients’’), and assist them in
fulfilling their responsibilities to limited
English proficient (LEP) persons,
pursuant to Title VI of the Civil Rights
Act of 1964 and implementing
regulations.
Executive Order 13166, ‘‘Improving
Access to Services for Persons With
Limited English Proficiency,’’ reprinted
at 65 FR 50121 (August 16, 2000),
directs each Federal agency that is
subject to the requirements of Title VI
to publish guidance for its respective
recipients clarifying that obligation.
E:\FR\FM\14DEN1.SGM
14DEN1
]]>Agencies
[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Pages 74085-74087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7326]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52919; File No. SR-Phlx-2005-66]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to Revisions to the Series 4
Examination Program
December 7, 2005.
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 November 9, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by Phlx. On
November 28, 2005, Phlx filed Amendment No. 1 to the proposed rule
change. Phlx has designated the proposed rule change as constituting a
stated policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule of the self-
regulatory organization pursuant to Section 19(b)(3)(A)(i) of the Act
\3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(i).
\4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Phlx is filing revisions to the study outline and selection
specifications for the Limited Principal--Registered Options (Series 4)
examination program (``Series 4 Examination''), which is administered
by the National Association of Securities Dealers, Inc. (``NASD''). The
proposed revisions update the material to reflect changes to the laws,
rules, and regulations covered by the Series 4 Examination, as well as
to modify the content of the examination program to track more closely
the functional workflow of a Series 4 limited principal. Phlx is not
proposing any textual changes to its rules.
The revised Series 4 Examination study outline is available on
Phlx's Web site (https://www.phlx.com), at the Phlx, and at the
Commission. However, the Exchange has omitted the Series 4 Examination
selection specifications from this filing and has submitted the
specifications under separate cover to the Commission with a request
for confidential treatment pursuant to Rule 24b-2 under the Act.\5\
---------------------------------------------------------------------------
\5\ 17 CFR 240.24b-2.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Phlx 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. Phlx 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
Phlx Rule 1024 states that a member organization shall not transact
any business with the public in option contracts unless those persons
engaged in the management of the member organization's business
pertaining to option contracts are registered with and approved by the
Exchange as Options Principals. Additionally, the rule states that no
individual member shall transact any business directly with the public
in option contracts unless he is registered with and approved by the
Exchange as an Options Principal. The Series 4 examination, an
industry-wide examination, qualifies an individual to function as a
Registered Options and Security Futures Principal, but only for
purposes of supervising a member firm's options activities.\6\
---------------------------------------------------------------------------
\6\ A Registered Options and Security Futures Principal must
complete an additional continuing education program before such
person can supervise security futures activities.
---------------------------------------------------------------------------
The Series 4 Examination tests a candidate's knowledge of options
[[Page 74086]]
trading generally, the Phlx rules applicable to the trading of option
contracts, and the rules of registered clearing agencies for options.
The Series 4 Examination covers, among other things, equity options,
foreign currency options, index options, and options on government and
mortgage-backed securities.
The Series 4 Examination is shared by Phlx and the following SROs:
the NASD, the American Stock Exchange LLC, the Chicago Board Options
Exchange, Inc., the New York Stock Exchange, Inc., and the Pacific
Exchange, Inc. NASD has filed with the Commission similar revisions to
the study outline and selection specifications for the Series 4
Examination.\7\ Phlx believes that the other SROs are filing similar
proposals.
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release Nos. 51216 (February 16,
2005), 70 FR 8866 (February 23, 2005) (SR-NASD-2005-25) and 52546
(September 30, 2005), 70 FR 59109 (October 11, 2005) (SR-NASD-2005-
109) (extending the implementation date of the revisions to no later
than November 30, 2005).
---------------------------------------------------------------------------
A committee of industry representatives, together with the staff of
Phlx and the other SROs, recently undertook a periodic review of the
Series 4 Examination and study outline and selection specifications. As
a result of this review and as part of an ongoing effort to align the
Series 4 Examination more closely to the supervisory duties of a Series
4 principal, Phlx is proposing to modify the content of the Series 4
Examination to track the functional workflow of a Series 4 principal.
More specifically, Phlx is proposing to revise the main section
headings and the number of questions on each section of the Series 4
study outline as follows: Options Investment Strategies, decreased from
35 to 34 questions; Supervision of Sales Activities and Trading
Practices, increased from 71 to 75 questions; and Supervision of
Employees, Business Conduct, and Recordkeeping and Reporting
Requirements, decreased from 19 to 16 questions. Phlx is further
proposing revisions to the study outline to reflect the SEC short sale
requirements. The revised examination continues to cover the areas of
knowledge required to supervise options activities.
Phlx is proposing similar changes to the corresponding sections of
the Series 4 Examination selection specifications and question bank.
The number of questions on the Series 4 Examination will remain at 125,
and candidates will have three hours to complete the exam. Also, each
question will continue to count as one point and candidates must
correctly answer 70 percent of the questions to receive a passing
grade.
As further discussed below, the Exchange is filing the proposed
rule change for immediate effectiveness. The Exchange will announce the
proposed revisions in a Notice to Members to be published prior to the
implementation date.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general and furthers the objectives of Section
6(c)(3),\9\ which authorize Phlx to prescribe standards of training,
experience and competence for members of the Exchange or persons
associated with them.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Phlx does not believe that the proposed rule change, as
amended, will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change, as amended, has become effective pursuant
to Section 19(b)(3)(A)(i) \10\ of the Act and Rule 19b-4(f)(1)
thereunder,\11\ in that the proposed rule change constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule of the Exchange.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(i).
\11\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
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.\12\
---------------------------------------------------------------------------
\12\ The effective date of the original proposed rule is
November 9, 2005. The effective date of Amendment No. 1 is November
28, 2005. For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on November 28, 2005, the date on which Phlx submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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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, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2005-66 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
All submissions should refer to File Number SR-Phlx-2005-66. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/
sro.shtml). 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 also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2005-66 and should be submitted on or before
January 4, 2006.
[[Page 74087]]
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
Jonathan G. Katz,
Secretary.
[FR Doc. E5-7326 Filed 12-13-05; 8:45 am]
BILLING CODE 8010-01-P
