U.S. Department of State Advisory Committee on Private International Law: Notice of Hearing, 58462 [E6-16301]
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58462
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Notices
This proposal would create a new
order type, the PL Order. The
Commission believes that the proposal
is reasonably designed to permit passive
interaction with incoming orders while
protecting displayed orders in the NYSE
Arca Book that are priced at or better
than the PL Order. In the Vanguard
Letter, the commenter was concerned
that the proposed PL Order would
create a disincentive to displaying limit
orders. The Commission emphasizes the
fact that a PL Order would never
execute ahead of a displayed order that
is at the same or a better price. As noted
above, PL Orders would be executed in
the Working Order Process 19 after all
other orders, including reserve orders
and the display portion of discretionary
orders at a particular price level.20
The Commission believes that the
ability of LMMs appointed in primary
listings on the Exchange to use the PL
Order exclusively is consistent with the
requirements of the Act. The
Commission notes that NYSE specialists
similarly have exclusive ability to
provide price improvement to incoming
orders on its Hybrid system only if the
specialists are meaningfully represented
in the BBO and provide a minimum
amount of price improvement.21 LMMs
appointed in primary listings would be
able to use the PL Order only if (1) the
NYSE Arca Book is at the NBBO, the
order is priced better than the
Exchange’s BBO by the Minimum Price
Variation (‘‘MPV’’), and the LMM is
quoting a certain minimum amount in
proximity to the Exchange’s BBO 22 or
(2) the NYSE Arca Book is not at the
NBBO, the order is priced better than
the Exchange’s BBO by the MPV, and
the incoming order is not designated an
inter-market sweep order.23 The
Commission believes that permitting
Users of the PL Order to provide price
improvement by at least the MPV could
increase the quality of NYSE Arca’s
market, and that the condition that
LMMs must quote a minimum amount
in proximity to the Exchange’s BBO
19 See
NYSE Arca Rule 7.37(b)(2).
also noted above, PL Orders would,
however, take precedence over undisplayed
discretionary order interest.
21 See NYSE Rule 104.
22 If the NYSE Arca Book is at the NBBO, the
LMM must have a displayed bid (offer) that is either
equal to the NYSE Arca Marketplace BBO with a
quoted size at least as large as the total size of the
incoming marketable sell (buy) order against which
the PL Order would trade or $0.01 below (above)
the NYSE Arca Marketplace BBO with a quoted size
at least twice as large as the total size of the
incoming marketable sell (buy) order against which
the PL Order would trade.
23 See 17 CFR 242.600(b)(30).
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might enhance depth and liquidity at or
near the Exchange’s BBO.
VI. Accelerated Approval of
Amendment Nos. 3 and 4
The Commission finds good cause for
approving Amendment Nos. 3 and 4 to
the proposed rule change prior to the
thirtieth day after the amendment is
published for comment in the Federal
Register pursuant to Section 19(b)(2) of
the Act.24 In Amendment No. 3, the
Exchange proposed that in issues where
NYSE Arca Marketplace is the primary
listing market and there is an LMM, the
PL Order would be available only to the
LMM registered in the primary listing.
The Exchange also proposed that LMMs
would be held to certain performance
obligations related to quote size and
quote spread. In Amendment No. 4, the
Exchange proposed that LMMs who are
registered in the primary listing of an
issue on the NYSE Arca Marketplace
will have exclusive access to PL Orders
only if such LMMs comply with certain
quoting and price improvement
requirements.
The Commission believes that
limiting use of the PL Order to LMMs
registered in a primary listing raises no
novel issue of regulatory concern
because, as noted above, the
Commission recently approved a similar
functionality for New York Stock
Exchange ‘‘NYSE’’ specialists.25 Under
NYSE Hybrid Rules, NYSE specialists
may employ algorithms which generate
trading messages that provide price
improvement to incoming orders only if
the specialist is represented in a
meaningful amount in the NYSE’s
BBO.26 Accordingly, the Commission
finds good cause to accelerate approval
of Amendment Nos. 3 and 4.
VII. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,27 that the
proposed rule change (SR–PCX–2005–
53), as amended by Amendment Nos. 1
and 2, be, and it hereby is, approved,
and that Amendment Nos. 3 and 4 are
approved on an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.28
Nancy M. Morris,
Secretary.
[FR Doc. E6–16247 Filed 10–2–06; 8:45 am]
BILLING CODE 8010–01–P
24 15
U.S.C. 78s(b)(2).
Securities Exchange Act Release No. 53539
(March 22, 2006), 71 FR 16353 (March 31, 2006)
(SR–NYSE–2004–05).
26 See NYSE Rule 104.
27 15 U.S.C. 78s(b)(2).
28 17 CFR 200.30–3(a)(12).
25 See
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DEPARTMENT OF STATE
[Public Notice: 5563]
U.S. Department of State Advisory
Committee on Private International
Law: Notice of Hearing
The U.S. Department of State
Advisory Committee on Private
International Law will hold a meeting
on October 19th and 20th, 2006 at the
Georgetown University Law Center, 600
New Jersey Avenue, NW., Washington,
DC. Thursday’s meeting will be held on
the 12th floor of the Gewirz Building
and Friday’s meeting will be in Room
200 of the McDonough Building. The
meetings will start both days at 9 a.m.
and will end on Thursday, October 19th
at 5 p.m. and on Friday, October 20th
at 3 p.m. The meetings will discuss the
general ‘‘state of the world’’
developments in the areas of investment
securities law, computer-age revolution,
international family law and the
emerging family process, the process of
new convention on the child support,
judicial assistance and arbitration, eapostilles and reports on other Private
International Law projects.
The meeting is open to the public up
to the capacity of the meeting room.
Interested persons are invited to attend
and to express their views. Persons who
wish to have their view considered are
encouraged, but not required, to submit
written comments in advance.
Comments should be sent electronically
to SmeltzerTK@State.gov. Anyone
planning to attend this meeting should
provide their name, affiliation and
contact information in advance to Trish
Smeltzer or Renetta Davis at 202–776–
8420 or by e-mail to DavisRX@state.gov.
Dated: September 26, 2006.
Harold S. Burman,
Executive Director, Department of State.
[FR Doc. E6–16301 Filed 10–2–06; 8:45 am]
BILLING CODE 4710–08–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Availability of Draft Advisory
Circulars, Other Policy Documents and
Proposed Technical Standard Orders
Federal Aviation
Administration (FAA), DOT.
ACTION: This is a recurring Notice of
Availability, and request for comments,
on draft advisory circulars (ACs), other
policy documents, and proposed
technical standard orders (TSOs)
currently offered by the Aircraft
Certification Service.
AGENCY:
E:\FR\FM\03OCN1.SGM
03OCN1
Agencies
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Page 58462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16301]
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DEPARTMENT OF STATE
[Public Notice: 5563]
U.S. Department of State Advisory Committee on Private
International Law: Notice of Hearing
The U.S. Department of State Advisory Committee on Private
International Law will hold a meeting on October 19th and 20th, 2006 at
the Georgetown University Law Center, 600 New Jersey Avenue, NW.,
Washington, DC. Thursday's meeting will be held on the 12th floor of
the Gewirz Building and Friday's meeting will be in Room 200 of the
McDonough Building. The meetings will start both days at 9 a.m. and
will end on Thursday, October 19th at 5 p.m. and on Friday, October
20th at 3 p.m. The meetings will discuss the general ``state of the
world'' developments in the areas of investment securities law,
computer-age revolution, international family law and the emerging
family process, the process of new convention on the child support,
judicial assistance and arbitration, e-apostilles and reports on other
Private International Law projects.
The meeting is open to the public up to the capacity of the meeting
room. Interested persons are invited to attend and to express their
views. Persons who wish to have their view considered are encouraged,
but not required, to submit written comments in advance. Comments
should be sent electronically to SmeltzerTK@State.gov. Anyone planning
to attend this meeting should provide their name, affiliation and
contact information in advance to Trish Smeltzer or Renetta Davis at
202-776-8420 or by e-mail to DavisRX@state.gov.
Dated: September 26, 2006.
Harold S. Burman,
Executive Director, Department of State.
[FR Doc. E6-16301 Filed 10-2-06; 8:45 am]
BILLING CODE 4710-08-P