Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to streetTRACKS® Gold Shares Trading Hours, 8328-8329 [E6-2198]
Download as PDF
8328
Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / Notices
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of Nasdaq. 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–NASD–2006–018 and
should be submitted on or before March
9, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Nancy M. Morris,
Secretary.
[FR Doc. E6–2215 Filed 2–15–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53261; File No. SR–PCX–
2006–02]
Self-Regulatory Organizations; Pacific
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to
streetTRACKS Gold Shares Trading
Hours
February 9, 2006.
dsatterwhite on PROD1PC65 with NOTICES
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 January
24, 2006, the Pacific Exchange, Inc.
(‘‘PCX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the PCX. The PCX has filed the
proposed rule change, pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6) 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
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The PCX, through its wholly owned
subsidiary PCX Equities, Inc. (‘‘PCXE’’),
proposes to amend its rules governing
the Archipelago Exchange (‘‘ArcaEx’’),
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Commission previously approved
a proposal to trade the Gold Shares
pursuant to UTP during ArcaEx’s core
trading session from 9:30 a.m. Eastern
Time (‘‘ET’’) until 4:15 p.m. ET.6 The
Exchange seeks to expand the Gold
Shares’ trading hours, proposing that
they should be eligible to trade on
ArcaEx during the early, core and late
trading sessions (4 a.m. ET to 8 p.m.
ET), in accordance with PCXE Rule
7.34.
In addition, the Exchange, via a link
to the Trust’s streetTRACKS Gold
Trustsm (‘‘Trust’’) Web site (http://
www.streettracksgoldshares.com), will
provide at no charge, continuously
updated bids and offers indicative of the
spot price of gold on its own public Web
site: (http://www.pacificex.com), and on
ArcaEx’s Web site at (http://
www.archipelago.com).7 The Trust Web
CFR 240.19b–4(f)(6)(iii).
Securities Exchange Act Release No. 51245
(February 23, 2005), 70 FR 10731 (March 4, 2005)
(SR–PCX–2004–117) (‘‘PCX Approval Order’’).
7 The Trust web site’s gold spot price will be
provided by The Bullion Desk (http://
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
15:56 Feb 15, 2006
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
PCX 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.
5 17
13 17
VerDate Aug<31>2005
the equity trading facility of PCXE. With
this filing, the Exchange proposes to
expand the hours under PCXE Rule 7.34
that the streetTRACKS Gold Shares
(‘‘Gold Shares’’) are eligible to trade on
ArcaEx pursuant to unlisted trading
privileges (‘‘UTP’’). The Exchange has
designated this proposal as noncontroversial and has requested that the
Commission waive the 30-day preoperative waiting period contained in
Rule 19b–4(f)(6)(iii) under the Act.5
The text of the proposed rule change
is available on the Exchange’s Internet
Web site (http://www.pacificex.com), at
the Exchange’s principal office, and at
the Commission’s Public Reference
Room.
6 See
Jkt 208001
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
site also provides an intraday
calculation of the estimated Net Asset
Value (‘‘NAV’’) (also known as the
Intraday Indicative Value or ‘‘IIV’’) of a
Gold Share as calculated by multiplying
the indicative spot price of gold by the
quantity of gold backing each Gold
Share. The indicative spot price and IIV
per Gold Share are provided on an
essentially real-time basis (updated at
least every 15 seconds) and are available
during ArcaEx’s early, core and late
trading sessions.8
In support of this proposed rule
change, the Exchange states that the
representations in the PCX Approval
Order regarding trading in Gold Shares
are applicable to all trading sessions, in
particular:
1. The Exchange has appropriate rules
to facilitate transactions in Gold Shares
during all trading sessions.
2. The Exchange’s surveillance
procedures are adequate to properly
monitor trading of the Gold Shares in all
trading sessions.
3. The Exchange has distributed an
Information Circular to Equity Trading
Permit (‘‘ETP’’) Holders prior to the
commencement of trading of the Gold
Shares on the Exchange that explains
the terms, characteristics, and risks of
trading such shares.
4. The Exchange will require ETP
Holders with a customer who purchases
newly issued Gold Shares in any trading
session on ArcaEx to provide that
customer with a product prospectus and
has noted this prospectus delivery
requirement in the Information Circular.
5. Because ArcaEx is trading Gold
Shares pursuant to UTP, the Exchange
will cease trading in the Gold Shares
during all ArcaEx trading sessions if: (a)
The primary market stops trading the
Gold Shares because of a regulatory halt
similar to a halt based on PCXE Rule
7.12 and/or a halt because
dissemination of the IIV and/or the
unaffiliated gold value has ceased or the
Exchange no longer provides a
hyperlink to the Trust’s Web site; or (b)
the primary market delists the Gold
www.thebulliondesk.com). The Bullion Desk is not
affiliated with the Trust, its sponsor, its custodian
or the Exchange. See Securities Exchange Act
Release No. 50603 (October 28, 2004), 69 FR 64614
(November 5, 2004) (SR–NYSE–2004–22) (‘‘NYSE
Approval Order’’)
8 Additionally, each day, the Sponsor updates the
IIV per Gold Share shortly after calculation of the
net asset value per Gold Share. Telephone
conversation between Stuart Thomas, Managing
Director, World Gold Council, and David
Strandberg, Archipelago Exchange, and Florence
Harmon, Senior Special Counsel, Division of
Market Regulation (‘‘Division’’), Commission dated
January 12, 2006. See also NYSE Approval Order
at p. 14 (the Trust’s Web site will disseminate these
values subject to an average delay of 5 to 10
seconds).
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / Notices
Shares. Additionally, the Exchange may
cease trading the Gold Shares if such
other event shall occur or condition
exists which in the opinion of the
Exchange makes further dealings on the
Exchange inadvisable.
6. Because ArcaEx is trading pursuant
to UTP the Gold Shares during its early
and late trading sessions, when the
primary market is closed, the Exchange
will monitor the unaffiliated value of
gold and IIV per Gold Share and ensure
that trading of the Gold Shares on
ArcaEx will cease during the early and
late trading sessions, if the unaffiliated
value of gold and IIV per Gold Share
(used by the primary listing exchange)
is no longer calculated or available
during the early and late trading
sessions, or the Exchange stops
providing a hyperlink on the Exchange’s
Web site to such unaffiliated gold value
or IIV per Gold Share.
2. Statutory Basis
The Exchange believes that its
proposed rule change is consistent with
Section 6(b) of the Act 9 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,10 in particular, in that it is
designed to facilitate transactions in
securities, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in facilitating transactions in securities,
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.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Act.
dsatterwhite on PROD1PC65 with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments on the proposed
rule change were neither solicited nor
received.
U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
VerDate Aug<31>2005
15:56 Feb 15, 2006
Jkt 208001
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.
Comments may be submitted by any of
the following methods:
11 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). As required by Rule
19b–4(f)(6)(iii) under the Act, the Exchange also
provided the Commission with written notice of
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five days (or such time as
designated by the Commission) prior to doing so.
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
15 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).
16 See Section 19(b)(3)(C) of the Act, 15 U.S.C.
78s(b)(3)(C).
12 17
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i)
Does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) does not become operative prior to
9 15
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
interests, the proposed rule change has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 11 and Rule
19b-4(f)(6) thereunder.12
PCX requests that the Commission
waive the 30-day pre-operative period
specified in Rule 19b–4(f)(6)(iii).13 The
Commission hereby grants that request
and finds that waiving the 30-day preoperative period is consistent with the
protection of investors and public
interest because PCX has addressed
regulatory issues herein by ensuring that
the Gold Shares will trade in all ArcaEx
trading sessions with the relevant IIV
and indicative spot price of gold
available. The waiver will permit the
Exchange to implement the proposed
rule change without delay and thereby
providing ETP Holders and the public
greater liquidity and opportunities to
trade, helping to reduce trading costs
and promote competition among
marketplaces.14 For these reasons, the
Commission designates the proposal to
be effective and operative upon filing
with the Commission.15
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.16
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
8329
Electronic Comments
• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–PCX–2006–02 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–PCX–2006–02. The 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 (http://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 Exchange. 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–PCX–2006–02 and should
be submitted on or before March 9,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6–2198 Filed 2–15–06; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 10372]
Kansas Disaster # KS–00009
AGENCY:
17 17
E:\FR\FM\16FEN1.SGM
Small Business Administration.
CFR 200.30–3(a)(12).
16FEN1
Agencies
[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Notices]
[Pages 8328-8329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2198]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53261; File No. SR-PCX-2006-02]
Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
streetTRACKS[reg] Gold Shares Trading Hours
February 9, 2006.
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 January 24, 2006, the Pacific Exchange, Inc. (``PCX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the PCX. The PCX has filed
the proposed rule change, pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) 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 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).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The PCX, through its wholly owned subsidiary PCX Equities, Inc.
(``PCXE''), proposes to amend its rules governing the Archipelago
Exchange (``ArcaEx''), the equity trading facility of PCXE. With this
filing, the Exchange proposes to expand the hours under PCXE Rule 7.34
that the streetTRACKS[reg] Gold Shares (``Gold Shares'') are eligible
to trade on ArcaEx pursuant to unlisted trading privileges (``UTP'').
The Exchange has designated this proposal as non-controversial and has
requested that the Commission waive the 30-day pre-operative waiting
period contained in Rule 19b-4(f)(6)(iii) under the Act.\5\
---------------------------------------------------------------------------
\5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Internet Web site (http://www.pacificex.com), at the Exchange's
principal office, and at the Commission's Public Reference Room.
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 PCX 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 Commission previously approved a proposal to trade the Gold
Shares pursuant to UTP during ArcaEx's core trading session from 9:30
a.m. Eastern Time (``ET'') until 4:15 p.m. ET.\6\ The Exchange seeks to
expand the Gold Shares' trading hours, proposing that they should be
eligible to trade on ArcaEx during the early, core and late trading
sessions (4 a.m. ET to 8 p.m. ET), in accordance with PCXE Rule 7.34.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 51245 (February 23,
2005), 70 FR 10731 (March 4, 2005) (SR-PCX-2004-117) (``PCX Approval
Order'').
---------------------------------------------------------------------------
In addition, the Exchange, via a link to the Trust's
streetTRACKS[reg] Gold Trustsm (``Trust'') Web site (http://
www.streettracksgoldshares.com), will provide at no charge,
continuously updated bids and offers indicative of the spot price of
gold on its own public Web site: (http://www.pacificex.com), and on
ArcaEx's Web site at (http://www.archipelago.com).\7\ The Trust Web
site also provides an intraday calculation of the estimated Net Asset
Value (``NAV'') (also known as the Intraday Indicative Value or
``IIV'') of a Gold Share as calculated by multiplying the indicative
spot price of gold by the quantity of gold backing each Gold Share. The
indicative spot price and IIV per Gold Share are provided on an
essentially real-time basis (updated at least every 15 seconds) and are
available during ArcaEx's early, core and late trading sessions.\8\
---------------------------------------------------------------------------
\7\ The Trust web site's gold spot price will be provided by The
Bullion Desk (http://www.thebulliondesk.com). The Bullion Desk is
not affiliated with the Trust, its sponsor, its custodian or the
Exchange. See Securities Exchange Act Release No. 50603 (October 28,
2004), 69 FR 64614 (November 5, 2004) (SR-NYSE-2004-22) (``NYSE
Approval Order'')
\8\ Additionally, each day, the Sponsor updates the IIV per Gold
Share shortly after calculation of the net asset value per Gold
Share. Telephone conversation between Stuart Thomas, Managing
Director, World Gold Council, and David Strandberg, Archipelago
Exchange, and Florence Harmon, Senior Special Counsel, Division of
Market Regulation (``Division''), Commission dated January 12, 2006.
See also NYSE Approval Order at p. 14 (the Trust's Web site will
disseminate these values subject to an average delay of 5 to 10
seconds).
---------------------------------------------------------------------------
In support of this proposed rule change, the Exchange states that
the representations in the PCX Approval Order regarding trading in Gold
Shares are applicable to all trading sessions, in particular:
1. The Exchange has appropriate rules to facilitate transactions in
Gold Shares during all trading sessions.
2. The Exchange's surveillance procedures are adequate to properly
monitor trading of the Gold Shares in all trading sessions.
3. The Exchange has distributed an Information Circular to Equity
Trading Permit (``ETP'') Holders prior to the commencement of trading
of the Gold Shares on the Exchange that explains the terms,
characteristics, and risks of trading such shares.
4. The Exchange will require ETP Holders with a customer who
purchases newly issued Gold Shares in any trading session on ArcaEx to
provide that customer with a product prospectus and has noted this
prospectus delivery requirement in the Information Circular.
5. Because ArcaEx is trading Gold Shares pursuant to UTP, the
Exchange will cease trading in the Gold Shares during all ArcaEx
trading sessions if: (a) The primary market stops trading the Gold
Shares because of a regulatory halt similar to a halt based on PCXE
Rule 7.12 and/or a halt because dissemination of the IIV and/or the
unaffiliated gold value has ceased or the Exchange no longer provides a
hyperlink to the Trust's Web site; or (b) the primary market delists
the Gold
[[Page 8329]]
Shares. Additionally, the Exchange may cease trading the Gold Shares if
such other event shall occur or condition exists which in the opinion
of the Exchange makes further dealings on the Exchange inadvisable.
6. Because ArcaEx is trading pursuant to UTP the Gold Shares during
its early and late trading sessions, when the primary market is closed,
the Exchange will monitor the unaffiliated value of gold and IIV per
Gold Share and ensure that trading of the Gold Shares on ArcaEx will
cease during the early and late trading sessions, if the unaffiliated
value of gold and IIV per Gold Share (used by the primary listing
exchange) is no longer calculated or available during the early and
late trading sessions, or the Exchange stops providing a hyperlink on
the Exchange's Web site to such unaffiliated gold value or IIV per Gold
Share.
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it
is designed to facilitate transactions in securities, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 that is 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
Written comments on the proposed rule change were neither solicited
nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i) Does not significantly affect
the 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 interests, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\
and Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A)(iii).
\12\ 17 CFR 240.19b-4(f)(6). As required by Rule 19b-
4(f)(6)(iii) under the Act, the Exchange also provided the
Commission with written notice of intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five days (or such time as designated by the
Commission) prior to doing so.
---------------------------------------------------------------------------
PCX requests that the Commission waive the 30-day pre-operative
period specified in Rule 19b-4(f)(6)(iii).\13\ The Commission hereby
grants that request and finds that waiving the 30-day pre-operative
period is consistent with the protection of investors and public
interest because PCX has addressed regulatory issues herein by ensuring
that the Gold Shares will trade in all ArcaEx trading sessions with the
relevant IIV and indicative spot price of gold available. The waiver
will permit the Exchange to implement the proposed rule change without
delay and thereby providing ETP Holders and the public greater
liquidity and opportunities to trade, helping to reduce trading costs
and promote competition among marketplaces.\14\ For these reasons, the
Commission designates the proposal to be effective and operative upon
filing with the Commission.\15\
---------------------------------------------------------------------------
\13\ 17 CFR 240.19b-4(f)(6)(iii).
\14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
\15\ 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).
---------------------------------------------------------------------------
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.\16\
---------------------------------------------------------------------------
\16\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-PCX-2006-02 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-PCX-2006-02. The 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 (http://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 Exchange. 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-PCX-2006-02 and should be submitted on or before March
9, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------
\17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-2198 Filed 2-15-06; 8:45 am]
BILLING CODE 8010-01-P