Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Specialist Option Transaction Charge Credit Pilot Program, 45089-45090 [E6-12838]

Download as PDF Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices 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–2005–03 and should be submitted on or before August 29, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.20 Nancy M. Morris, Secretary. [FR Doc. E6–12841 Filed 8–7–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–54257; File No. SR–Phlx– 2006–46] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Specialist Option Transaction Charge Credit Pilot Program August 1, 2006. jlentini 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 July 21, 2006, the Philadelphia Stock Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 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 Exchange. The Exchange has designated this proposal as one establishing or changing a due, fee, or other charge imposed by a self-regulatory organization pursuant to Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to 20 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)(ii). 4 17 CFR 240.19b–4(f)(2). 1 15 VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001 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 Exchange proposes to extend for a one-year period, until July 31, 2007, its current pilot program that provides for an option transaction charge credit of $0.21 per contract for Exchange options specialist units 5 that incur Phlx option transaction charges when a customer order is delivered to the limit order book via the Exchange’s Options Floor Broker Management System (‘‘FBMS’’) 6 and is then sent to an away market and executed via the Intermarket Option Linkage (‘‘Linkage’’) under the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (‘‘Plan’’) 7 as a Principal Acting as Agent Order (‘‘P/A Order’’).8 The pilot program in effect is currently scheduled to expire on July 31, 2006.9 The text of the proposed rule change is available at the Commission’s Public Reference Room, at the Office of the Secretary of the Exchange, and on the Exchange’s Web site at http:// www.Phlx.com. 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 Exchange included statements 5 The terms ‘‘specialist’’ and ‘‘specialist unit’’ are used interchangeably. 6 The FBMS is a component of the Exchange’s Automated Options Market (AUTOM) System designed to enable Floor Brokers and/or their employees to enter, route and report transactions stemming from options orders received on the Exchange. The FBMS also is designed to establish an electronic audit trail for options orders represented and executed by Floor Brokers on the Exchange, such that the audit trail provides an accurate, time-sequenced record of electronic and other orders, quotations and transactions on the Exchange, beginning with the receipt of an order by the Exchange, and further documenting the life of the order through the process of execution, partial execution, or cancellation of that order. See Phlx Rule 1080, Commentary .06. 7 See Securities Exchange Act Release Nos. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000); and 43573 (November 16, 2000), 65 FR 70851 (November 28, 2000) (order approving Phlx as a participant in the Plan). 8 A P/A order is an order for the principal account of a specialist (or equivalent entity on another participant exchange that is authorized to represent public customer orders), reflecting the terms of a related unexecuted public customer order for which the specialist is acting as agent. See Phlx Rule 1083(k)(i). 9 See Securities Exchange Act Release No. 53761 (May 5, 2006), 71 FR 27768 (May 12, 2006) (SR– Phlx–2006–20). This proposal is scheduled to be in effect for the same time period as fees for Linkage Principal Orders (‘‘P Orders’’) and P/A Orders. See Securities Exchange Act Release No. 54233 (July 27, 2006) (SR–Phlx–2006–44). PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 45089 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 Currently, the Exchange provides an option transaction charge credit of $0.21 per contract for Exchange options specialist units that incur Phlx option transaction charges when a customer order is delivered to the limit order book via FBMS and is then sent to an away market and executed via Linkage under the Plan as a P/A Order. The purpose of this proposal is to continue to alleviate the potential economic burden of multiple transaction charges imposed on Exchange specialist units by establishing a credit for Exchange option transaction charges incurred by an Exchange specialist unit when a customer limit order placed on the limit order book by a Floor Broker 10 results in an execution of a P/A Order that is sent to another exchange via Linkage. The Exchange believes that continuing to give an options transaction charge credit of $0.21 per contract should encourage the use of Linkage and should allow the Exchange to remain competitive with other exchanges with respect to the assessment of Linkagerelated fees.11 This proposal is to remain in effect as a pilot program until July 31, 2007.12 10 A Floor Broker who wishes to place a limit order on the limit order book must submit such a limit order electronically through the FBMS. See Phlx Rule 1063, Commentary .01. See also Phlx Rule 1080, Commentary .02(b). 11 See Securities Exchange Act Release Nos. 53372 (February 24, 2006), 71 FR 11003 (March 3, 2006) (SR–CBOE–2006–10) (rebate of certain transaction fees to Designated Primary Market Makers related to the execution of outbound P/A orders) and 53526 (March 21, 2006), 71 FR 15794 (March 29, 2006) (SR–PCX–2006–19) (creating a credit associated with the fees a Market Maker is charged for executions that result from P/A Orders sent to and executed at away market centers). See also Securities Exchange Act Release No. 54064 (June 28, 2006), 71 FR 38438 (July 6, 2006) (SR– CBOE–2006–59). 12 This proposal is in connection with an existing pilot program for Linkage P and P/A Orders and is in effect for the same time period as the pilot program for Linkage P and P/A Orders. The Exchange filed a separate proposed rule change to extend the fees for Linkage P and P/A orders for a E:\FR\FM\08AUN1.SGM Continued 08AUN1 45090 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices 2. Statutory Basis The Exchange believes that its proposal to amend its schedule of fees is consistent with Section 6(b) of the Act 13 in general, and furthers the objectives of Section 6(b)(4) of the Act 14 in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members. 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 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 foregoing proposed rule change establishes or changes a due, fee, or other charge applicable only to a member pursuant to Section 19(b)(3)(A)(ii) of the Act 15 and Rule 19b–4(f)(2) thereunder.16 Accordingly, the proposal took effect upon filing with the Commission. 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.17 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: jlentini on PROD1PC65 with NOTICES Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or one-year period until July 31, 2007. See Securities Exchange Act Release No. 54233, supra at note 9. See also Securities Exchange Act Release Nos. 53650 (April 13, 2006), 71 FR 20430 (April 20, 2006) (SR–Phlx–2006–22) and 53761 (May 5, 2006), 71 FR 27768 (May 12, 2006) (SR–Phlx–2006–20). 13 15 U.S.C. 78f(b). 14 15 U.S.C. 78f(b)(4). 15 15 U.S.C. 78s(b)(3)(A)(ii). 16 17 CFR 240.19b–4(f)(2). 17 See Section 19(b)(3)(C), 15 U.S.C. 78s(b)(3)(C). VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001 • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–Phlx–2006–46 on the subject line. Pub. L. 104–13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information Paper Comments collections and revisions to OMB• Send paper comments in triplicate approved information collections. to Nancy M. Morris, Secretary, SSA is soliciting comments on the Securities and Exchange Commission, accuracy of the agency’s burden 100 F Street, NE., Washington, DC estimate; the need for the information; 20549–1090. its practical utility; ways to enhance its All submissions should refer to File quality, utility, and clarity; and on ways Number SR–Phlx–2006–46. This file to minimize burden on respondents, number should be included on the including the use of automated subject line if e-mail is used. To help the collection techniques or other forms of Commission process and review your information technology. Written comments more efficiently, please use comments and recommendations only one method. The Commission will regarding the information collection(s) post all comments on the Commission’s should be submitted to the OMB Desk Internet Web site (http://www.sec.gov/ Officer and the SSA Reports Clearance rules/sro.shtml). Copies of the Officer. The information can be mailed submission, all subsequent and/or faxed to the individuals at the amendments, all written statements addresses and fax numbers listed below: with respect to the proposed rule (OMB) Office of Management and change that are filed with the Budget, Attn: Desk Officer for SSA, Fax: Commission, and all written 202–395–6974; (SSA) Social Security communications relating to the Administration, DCFAM, Attn: Reports proposed rule change between the Clearance Officer, 1333 Annex Building, Commission and any person, other than 6401 Security Blvd., Baltimore, MD those that may be withheld from the 21235, Fax: 410–965–6400. public in accordance with the I. The information collection listed provisions of 5 U.S.C. 552, will be below is pending at SSA and will be available for inspection and copying in submitted to OMB within 60 days from the Commission’s Public Reference the date of this notice. Therefore, your Room. Copies of such filing also will be comments should be submitted to SSA available for inspection and copying at within 60 days from the date of this the principal office of the Exchange. All publication. You can obtain copies of comments received will be posted the collection instrument by calling the without change; the Commission does SSA Reports Clearance Officer at 410– not edit personal identifying 965–0454 or by writing to the address information from submissions. You listed above. should submit only information that 1. Vendor List Registration Form— you wish to make available publicly. All 0960–NEW. The Social Security submissions should refer to File Administration (SSA) maintains an Number SR–Phlx–2006–46 and should Employer Wage Reporting and be submitted on or before August 29, Instructions Vendor Web site. On this 2006. site, relevant vendors are allowed to list their products and services free of For the Commission, by the Division of Market Regulation, pursuant to delegated charge. Vendors wishing to list their authority.18 information on the site can submit these Nancy M. Morris, requests via a written registration form, and will soon be able to use a new Secretary. electronic means of submitting the [FR Doc. E6–12838 Filed 8–7–06; 8:45 am] information through the Web site itself. BILLING CODE 8010–01–P The respondents are vendors dealing with vendors who offer employer wage reporting services and want SSA to list SOCIAL SECURITY ADMINISTRATION their information on its Web site. Type of Request: New information Agency Information Collection collection. Activities: Proposed Request and Number of Respondents: 500. Comment Request Frequency of Response: 1. The Social Security Administration Average Burden Per Response: 8 (SSA) publishes a list of information minutes. collection packages that will require Estimated Annual Burden: 67 hours. II. The information collections listed clearance by the Office of Management below have been submitted to OMB for and Budget (OMB) in compliance with clearance. Your comments on the 18 17 CFR 200.30–3(a)(12). information collections would be most PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45089-45090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12838]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54257; File No. SR-Phlx-2006-46]


 Self-Regulatory Organizations; Philadelphia Stock Exchange, 
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Extending the Specialist Option Transaction Charge Credit Pilot 
Program

August 1, 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 July 21, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'' or 
``Exchange'') 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 Exchange. The 
Exchange has designated this proposal as one establishing or changing a 
due, fee, or other charge imposed by a self-regulatory organization 
pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend for a one-year period, until July 
31, 2007, its current pilot program that provides for an option 
transaction charge credit of $0.21 per contract for Exchange options 
specialist units \5\ that incur Phlx option transaction charges when a 
customer order is delivered to the limit order book via the Exchange's 
Options Floor Broker Management System (``FBMS'') \6\ and is then sent 
to an away market and executed via the Intermarket Option Linkage 
(``Linkage'') under the Plan for the Purpose of Creating and Operating 
an Intermarket Option Linkage (``Plan'') \7\ as a Principal Acting as 
Agent Order (``P/A Order'').\8\
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    \5\ The terms ``specialist'' and ``specialist unit'' are used 
interchangeably.
    \6\ The FBMS is a component of the Exchange's Automated Options 
Market (AUTOM) System designed to enable Floor Brokers and/or their 
employees to enter, route and report transactions stemming from 
options orders received on the Exchange. The FBMS also is designed 
to establish an electronic audit trail for options orders 
represented and executed by Floor Brokers on the Exchange, such that 
the audit trail provides an accurate, time-sequenced record of 
electronic and other orders, quotations and transactions on the 
Exchange, beginning with the receipt of an order by the Exchange, 
and further documenting the life of the order through the process of 
execution, partial execution, or cancellation of that order. See 
Phlx Rule 1080, Commentary .06.
    \7\ See Securities Exchange Act Release Nos. 43086 (July 28, 
2000), 65 FR 48023 (August 4, 2000); and 43573 (November 16, 2000), 
65 FR 70851 (November 28, 2000) (order approving Phlx as a 
participant in the Plan).
    \8\ A P/A order is an order for the principal account of a 
specialist (or equivalent entity on another participant exchange 
that is authorized to represent public customer orders), reflecting 
the terms of a related unexecuted public customer order for which 
the specialist is acting as agent. See Phlx Rule 1083(k)(i).
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    The pilot program in effect is currently scheduled to expire on 
July 31, 2006.\9\ The text of the proposed rule change is available at 
the Commission's Public Reference Room, at the Office of the Secretary 
of the Exchange, and on the Exchange's Web site at http://www.Phlx.com.
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    \9\ See Securities Exchange Act Release No. 53761 (May 5, 2006), 
71 FR 27768 (May 12, 2006) (SR-Phlx-2006-20). This proposal is 
scheduled to be in effect for the same time period as fees for 
Linkage Principal Orders (``P Orders'') and P/A Orders. See 
Securities Exchange Act Release No. 54233 (July 27, 2006) (SR-Phlx-
2006-44).
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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 Exchange 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
    Currently, the Exchange provides an option transaction charge 
credit of $0.21 per contract for Exchange options specialist units that 
incur Phlx option transaction charges when a customer order is 
delivered to the limit order book via FBMS and is then sent to an away 
market and executed via Linkage under the Plan as a P/A Order.
    The purpose of this proposal is to continue to alleviate the 
potential economic burden of multiple transaction charges imposed on 
Exchange specialist units by establishing a credit for Exchange option 
transaction charges incurred by an Exchange specialist unit when a 
customer limit order placed on the limit order book by a Floor Broker 
\10\ results in an execution of a P/A Order that is sent to another 
exchange via Linkage. The Exchange believes that continuing to give an 
options transaction charge credit of $0.21 per contract should 
encourage the use of Linkage and should allow the Exchange to remain 
competitive with other exchanges with respect to the assessment of 
Linkage-related fees.\11\
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    \10\ A Floor Broker who wishes to place a limit order on the 
limit order book must submit such a limit order electronically 
through the FBMS. See Phlx Rule 1063, Commentary .01. See also Phlx 
Rule 1080, Commentary .02(b).
    \11\ See Securities Exchange Act Release Nos. 53372 (February 
24, 2006), 71 FR 11003 (March 3, 2006) (SR-CBOE-2006-10) (rebate of 
certain transaction fees to Designated Primary Market Makers related 
to the execution of outbound P/A orders) and 53526 (March 21, 2006), 
71 FR 15794 (March 29, 2006) (SR-PCX-2006-19) (creating a credit 
associated with the fees a Market Maker is charged for executions 
that result from P/A Orders sent to and executed at away market 
centers). See also Securities Exchange Act Release No. 54064 (June 
28, 2006), 71 FR 38438 (July 6, 2006) (SR-CBOE-2006-59).
---------------------------------------------------------------------------

    This proposal is to remain in effect as a pilot program until July 
31, 2007.\12\
---------------------------------------------------------------------------

    \12\ This proposal is in connection with an existing pilot 
program for Linkage P and P/A Orders and is in effect for the same 
time period as the pilot program for Linkage P and P/A Orders. The 
Exchange filed a separate proposed rule change to extend the fees 
for Linkage P and P/A orders for a one-year period until July 31, 
2007. See Securities Exchange Act Release No. 54233, supra at note 
9. See also Securities Exchange Act Release Nos. 53650 (April 13, 
2006), 71 FR 20430 (April 20, 2006) (SR-Phlx-2006-22) and 53761 (May 
5, 2006), 71 FR 27768 (May 12, 2006) (SR-Phlx-2006-20).

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[[Page 45090]]

2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of 
fees is consistent with Section 6(b) of the Act \13\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \14\ in 
particular, in that it is an equitable allocation of reasonable fees 
and other charges among Exchange members.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
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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 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 foregoing proposed rule change establishes or changes a due, 
fee, or other charge applicable only to a member pursuant to Section 
19(b)(3)(A)(ii) of the Act \15\ and Rule 19b-4(f)(2) thereunder.\16\ 
Accordingly, the proposal took effect upon filing with the Commission.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.\17\
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    \17\ See Section 19(b)(3)(C), 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-Phlx-2006-46 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-Phlx-2006-46. 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 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-Phlx-2006-46 and should be submitted on or before August 
29, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-12838 Filed 8-7-06; 8:45 am]
BILLING CODE 8010-01-P