Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC Relating to Amendments to Exchange Rule 629-Schedule of Fees, 43553-43554 [E6-12323]

Download as PDF Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices associated with RCMMs’ use of an Exchange authorized and provided portable telephone on the Exchange Floor. Furthermore, in any future additional filings on the Pilot, the Commission would expect that the Exchange submit information documenting the usage of the Exchange authorized and portable phones and any problem that have occurred, including, among other things, any regulatory actions or concerns. 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: rwilkins on PROD1PC63 with NOTICES 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–NYSE–2006–51 on the subject line. submissions should refer to File number SR-NYSE–2006–51 and should be submitted on or before August 22, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.15 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6–12322 Filed 7–31–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–54220; File No. SR–NYSE– 2006–52] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by New York Stock Exchange LLC Relating to Amendments to Exchange Rule 629— Schedule of Fees July 26, 2006. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the Paper Comments ‘‘Act’’) 2 and Rule 19b–4 3 thereunder, • Send paper comments in triplicate notice is hereby given that on July 21, to Nancy M. Morris, Secretary, 2006, New York Stock Exchange LLC Securities and Exchange Commission, (‘‘NYSE’’) filed with the Securities and 100 F Street, NE., Washington, DC Exchange Commission (‘‘Commission’’) 20549–1090. the proposed rule change as described All submissions should refer to File in Items I, II, and III below, which Items Number SR–NYSE–2006–51. This file have been prepared by the NYSE. NYSE number should be included on the has filed the proposal as a ‘‘nonsubject line if e-mail is used. To help the controversial’’ proposed rule change Commission process and review your pursuant to Section 19(b)(3)(A) 4 of the comments more efficiently, please use Act, and Rule 19b–4(f)(6) 5 thereunder, only one method. The Commission will which renders the proposal as effective post all comments on the Commission’s immediately upon filing. The Internet Web site (http://www.sec.gov/ Commission is publishing this notice to rules/sro/shtml). Copies of the solicit comments on the proposed rule submission, all subsequent change from interested persons. amendments, all written statements with respect to the proposed rule I. Self-Regulatory Organization’s change that are filed with the Statement of the Terms of Substance of Commission, and all written the Proposed Rule Change communications relating to the NYSE is proposing an amendment to proposed rule change between the Commission and any person, other than Rule 629 to clarify the hearing deposits required for customer counterclaims, those that may be withheld from the public in accordance with the third party claims, and cross-claims. provisions of 5 U.S.C. 552, will be The text of the proposed rule change available for inspection and copying in is available on NYSE’s Web site the Commission’s Public Reference (http://www.nyse.com), at the NYSE’s Room. Copies of such filing will also be Office of the Secretary, and at the available for inspection and copying at Commission’s Public Reference Room. the principal office of the NYSE. All comments received will be posted 15 17 CFR 200.30–3(a)(12). without change; the Commission does 1 15 U.S.C.78s(b)(1). not edit personal identifying 2 15 U.S.C. 78a. information from submissions. You 3 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(3)(A). should submit only information that 5 17 CFR 240.19b–4(f)(6). you wish to make available publicly. All VerDate Aug<31>2005 20:04 Jul 31, 2006 Jkt 208001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 43553 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 NYSE included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NYSE 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 NYSE Rule 629 (‘‘Rule 629’’) sets forth the schedules of fees for hearing deposits required by the parties when filing claims, counterclaims, third party claims and cross-claims. The hearing deposits differ for customer and industry claimants. NYSE proposes to amend Rule 629 to clarify that the hearing deposits required of customers who file counterclaims, third party claims and cross-claims [in an industry initiated dispute] are the same as the hearing deposits for matters in which a customer is the claimant. 2. Statutory Basis NYSE believes the proposed changes are consistent with Section 6(b)(4) 6 of the Act, which requires that an exchange have rules that provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. B. Self-Regulatory Organization’s Statement on Burden on Competition The NYSE 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 The NYSE has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect 6 15 E:\FR\FM\01AUN1.SGM U.S.C. 78f(b)(4). 01AUN1 43554 Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) 7 of the Act and Rule 19b– 4(f)(6) 8 thereunder. 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. NYSE has requested that the Commission waive the 30-day operative delay contained in Rule 19b–4(f)(6)(iii) 9 under the Act based upon a representation that the proposed rule change accurately reflects the fees imposed pursuant to Rule 629 and will provide further clarification regarding hearing deposits required for customers filing counterclaims, third party claims and cross-claims in industry initiated disputes. In light of the foregoing, the Commission believes such waiver is consistent with the protection of investors and the public interest. Accordingly, the Commission designates the proposal to be effective and operative upon filing with the Commission.10 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: Paper Comments seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority • Send paper comments in triplicate No. 236 of October 19, 1999, as to Nancy M. Morris, Secretary, amended, and Delegation of Authority Securities and Exchange Commission, No. 257 of April 15, 2003 [68 FR 19875], 100 F Street, NE., Washington, DC, I hereby determine that the objects to be 20549–1090. included in the exhibition ‘‘New All submissions should refer to File Ireland; Art of the South Pacific,’’ Number SR–NYSE–2006–52. This file imported from abroad for temporary number should be included on the exhibition within the United States, are subject line if e-mail is used. To help the of cultural significance. The objects are Commission process and review your imported pursuant to loan agreements comments more efficiently, please use with the foreign owners or custodians. only one method. The Commission will I also determine that the exhibition or post all comments on the Commission’s display of the exhibit objects at the Internet Web site (http://www.sec.gov/ Saint Louis Art Museum, St. Louis rules/sro/shtml). Copies of the Missouri, from on or about October 13, submission, all subsequent 2006, until on or about January 7, 2007, amendments, all written statements and at possible additional venues yet to with respect to the proposed rule be determined, is in the national change that are filed with the interest. Public Notice of these Commission, and all written Determinations is ordered to be communications relating to the published in the Federal Register. proposed rule change between the FOR FURTHER INFORMATION CONTACT: For Commission and any person, other than further information, including a list of those that may be withheld from the the exhibit objects, contact Carol B. public in accordance with the Epstein, Attorney-Adviser, Office of the provisions of 5 U.S.C. 552, will be Legal Adviser, U.S. Department of State available for inspection and copying in (telephone: 202–453–8050). The address the Commission’s Public Reference is U.S. Department of State, SA–44, 301 Room. Copies of such filing will also be 4th Street, SW., Room 700, Washington, available for inspection and copying at DC 20547–0001. the principal office of the NYSE. All Dated: July 25, 2006. comments received will be posted C. Miller Crouch, without change; the Commission does not edit personal identifying Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department information from submissions. You of State. should submit only information that you wish to make available publicly. All [FR Doc. E6–12367 Filed 7–31–06; 8:45 am] submissions should refer to File number BILLING CODE 4710–05–P SR–NYSE–2006–52 and should be submitted on or before August 22, 2006. DEPARTMENT OF STATE For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6–12323 Filed 7–31–06; 8:45 am] BILLING CODE 8010–01–P Electronic Comments DEPARTMENT OF STATE • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2006–52 on the subject line. [Public Notice 5481] rwilkins on PROD1PC63 with NOTICES 7 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 9 17 CFR 240.19b–4(f)(6)(iii). 10 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 8 17 VerDate Aug<31>2005 20:04 Jul 31, 2006 Jkt 208001 Culturally Significant Objects Imported for Exhibition Determinations: ‘‘New Ireland: Art of the South Pacific’’ 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 PO 00000 11 17 CFR 200.30–3(a)(12). Frm 00122 Fmt 4703 Sfmt 4703 [Public Notice 5480] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Set in Stone: The Face in Medieval Sculpture’’ 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 ‘‘Set in Stone: The Face in Medieval Sculpture,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Notices]
[Pages 43553-43554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12323]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54220; File No. SR-NYSE-2006-52]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change by 
New York Stock Exchange LLC Relating to Amendments to Exchange Rule 
629--Schedule of Fees

July 26, 2006.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 \3\ thereunder, notice is hereby 
given that on July 21, 2006, New York Stock Exchange LLC (``NYSE'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the NYSE. NYSE has filed the proposal as a 
``non-controversial'' proposed rule change pursuant to Section 
19(b)(3)(A) \4\ of the Act, and Rule 19b-4(f)(6) \5\ thereunder, which 
renders the proposal as effective immediately upon filing. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NYSE is proposing an amendment to Rule 629 to clarify the hearing 
deposits required for customer counterclaims, third party claims, and 
cross-claims.
    The text of the proposed rule change is available on NYSE's Web 
site (http://www.nyse.com), at the NYSE's Office of the Secretary, 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 NYSE included statements 
concerning the purpose of and basis for the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below.
    The NYSE 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
    NYSE Rule 629 (``Rule 629'') sets forth the schedules of fees for 
hearing deposits required by the parties when filing claims, 
counterclaims, third party claims and cross-claims. The hearing 
deposits differ for customer and industry claimants.
    NYSE proposes to amend Rule 629 to clarify that the hearing 
deposits required of customers who file counterclaims, third party 
claims and cross-claims [in an industry initiated dispute] are the same 
as the hearing deposits for matters in which a customer is the 
claimant.
2. Statutory Basis
    NYSE believes the proposed changes are consistent with Section 
6(b)(4) \6\ of the Act, which requires that an exchange have rules that 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The NYSE 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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect

[[Page 43554]]

the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) \7\ of the Act and Rule 19b-4(f)(6) \8\ 
thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.
    NYSE has requested that the Commission waive the 30-day operative 
delay contained in Rule 19b-4(f)(6)(iii) \9\ under the Act based upon a 
representation that the proposed rule change accurately reflects the 
fees imposed pursuant to Rule 629 and will provide further 
clarification regarding hearing deposits required for customers filing 
counterclaims, third party claims and cross-claims in industry 
initiated disputes. In light of the foregoing, the Commission believes 
such waiver is consistent with the protection of investors and the 
public interest. Accordingly, the Commission designates the proposal to 
be effective and operative upon filing with the Commission.\10\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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 (http://
www.sec.gov/rules/sro.shtml); or
     Send e-mail to rule-comments@sec.gov. Please include File 
Number SR-NYSE-2006-52 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-NYSE-2006-52. 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 (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 will also be available for inspection and copying at the 
principal office of the NYSE. 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-NYSE-2006-52 and should be submitted on or before August 
22, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-12323 Filed 7-31-06; 8:45 am]
BILLING CODE 8010-01-P