Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Appeals From a Hearing Officer or Hearing Panel Decision, 61116-61117 [E6-17168]
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61116
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
responsible individual at the clearing
firm whom a customer can contact with
inquiries regarding the customer’s
account.’’).’’
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.2
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–17180 Filed 10–16–06; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54576; File No. SR–Phlx–
2006–57]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to Appeals From a
Hearing Officer or Hearing Panel
Decision
October 5, 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 October
3, 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 and II below, which Items have
been prepared by the Phlx. The Phlx
filed the proposed rule change as a
‘‘non-controversial’’ 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 Phlx proposes to amend
Exchange By-Law Article XI, Section
11–3 to update the By-laws to make a
minor clarifying change to reflect the
fact that appeals can now be heard from
a Hearing Officer or Hearing Panel
decision. The proposed amendment to
By-Law Article XI, Section 11–3 is set
forth below. Italics indicate new text.
bajohnson on PROD1PC69 with NOTICES
ARTICLE XI Appeals
*
*
*
*
*
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).
4 17 CFR 240.19b–4(f)(6).
2
04:06 Oct 18, 2006
B. Self-Regulatory Organization’s
Statement on Burden on Competition
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
In its filing with the Commission, the
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. The Phlx has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
No written comments were either
solicited or received.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange recently created the
new staff position of a ‘‘Hearing
Officer,’’ who, along with two other
Hearing Panelists, will hear contested
disciplinary matters that were
previously heard by a panel appointed
by the Chair of the Business Conduct
Committee (‘‘BCC’’).5 In connection
with creating the Hearing Officer
position, the Exchange amended ByLaw Article X, Section 10–11, which
governs the BCC, and Exchange Rules
960 and 970, the disciplinary rules. The
purpose of this proposal is to update
Exchange By-Law Article XI to reflect,
based on the recent changes described
above, that a decision from the Hearing
Officer or Hearing Panel can now be
appealed to the Exchange’s Board of
Governors.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 6 in general, and furthers the
objectives of Section 6(b)(5) of the Act 7
in particular, in that this proposal
should help to protect investors and the
public interest by clarifying that appeals
can now be heard from a Hearing Officer
or Hearing Panel decision.
5 See Securities Exchange Act Release No. 54011
(June 16, 2006), 71 FR 36157 (June 23, 2006) (SR–
Phlx–2005–65).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
1 15
VerDate Aug<31>2005
Sec. 11–3. Appeal from Decisions of
Hearing Officer, Hearing Panel or
Business Conduct Committee
(a) No change.
(b) No change.
*
*
*
*
*
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Fmt 4703
Sfmt 4703
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.
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
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, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
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.
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing.10 However, Rule 19b–
4(f)(6)(iii) 11 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Phlx provided the Commission with
written notice of its intent to file this
proposed rule change at least five
business days prior to the date of filing
of the proposed rule change. In
addition, the Phlx has requested that the
Commission waive the 30-day operative
delay. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because the proposed rule change makes
Phlx By-Law Article XI, Section 11–3
consistent with changes previously
approved by the Commission.12 For this
reason, the Commission designates the
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
11 Id.
12 See supra note 5.
9 17
E:\FR\FM\17OCN1.SGM
17OCN1
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
proposal to be effective and operative
upon filing with the Commission.13
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:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–17168 Filed 10–16–06; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 10614]
Arizona Disaster Number AZ–00005
AGENCY:
ACTION:
Small Business Administration.
Amendment 1.
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
• Send paper comments in triplicate
the State of Arizona (FEMA–1660–DR),
to Nancy M. Morris, Secretary,
dated 09/07/2006.
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
Incident: Severe Storms and Flooding.
20549–1090.
Incident Period: 07/25/2006 through
All submissions should refer to File
08/04/2006.
Number SR–Phlx–2006–57. This file
Effective Date: 09/29/2006.
number should be included on the
subject line if e-mail is used. To help the
Physical Loan Application Deadline
Commission process and review your
Date: 11/06/2006.
comments more efficiently, please use
only one method. The Commission will ADDRESSES: Submit completed loan
post all comments on the Commission’s applications to: U.S. Small Business
Administration, Processing and
Internet Web site (https://www.sec.gov/
Disbursement Center, 14925 Kingsport
rules/sro.shtml). Copies of the
Road, Fort Worth, TX 76155.
submission, all subsequent
amendments, all written statements
FOR FURTHER INFORMATION CONTACT: A.
with respect to the proposed rule
Escobar, Office of Disaster Assistance,
change that are filed with the
U.S. Small Business Administration,
Commission, and all written
409 3rd Street, SW., Suite 6050,
communications relating to the
Washington, DC 20416.
proposed rule change between the
Commission and any person, other than SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
those that may be withheld from the
declaration for Private Non-Profit
public in accordance with the
organizations in the State of Arizona,
provisions of 5 U.S.C. 552, will be
dated 09/07/2006, is hereby amended to
available for inspection and copying in
include the following areas as adversely
the Commission’s Public Reference
Room. Copies of such filing also will be affected by the disaster.
available for inspection and copying at
Primary Counties: Gila, Graham,
the principal office of the Phlx. All
Greenlee, Navajo, The Tribal Areas of
comments received will be posted
The Hopi Tribe Within Navajo County,
without change; the Commission does
The Navajo Nation Within Navajo
not edit personal identifying
County, and The San Carlos Apache
information from submissions. You
Tribe Within Gila, Graham, and Pinal
should submit only information that
Counties.
you wish to make available publicly. All
All other information in the original
submissions should refer to File
declaration remains unchanged.
Number SR–Phlx–2006–57 and should
(Catalog of Federal Domestic Assistance
be submitted on or before November 7,
Number 59008)
2006.14
bajohnson on PROD1PC69 with NOTICES
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).
14 17 CFR 200.30–3(a)(12).
VerDate Aug<31>2005
04:06 Oct 18, 2006
Jkt 211001
[Docket No. SSA–2006–0077]
Program: Cooperative Agreements for
Work Incentives Planning and
Assistance Projects; Program
Announcement No. SSA–OESP–07–1
Social Security Administration.
Announcement of the
availability of fiscal year 2006
cooperative agreement funds and
request for applications.
ACTION:
Paper Comments
13 For
SOCIAL SECURITY ADMINISTRATION
AGENCY:
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–2006–57 on the
subject line.
61117
James E. Rivera,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. E6–17155 Filed 10–16–06; 8:45 am]
BILLING CODE 8025–01–P
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
Catalog of Federal Domestic Assistance
(CFDA): This program is listed in the
Catalog of federal Domestic Assistance
under Program number 96.008, Social
Security Administration—Work
Incentives Planning and Assistance
Program.
SUMMARY: The Social Security
Administration (SSA) announces its
intention to competitively award
cooperative agreements to establish
community-based work incentives
planning and assistance projects in the
following locations:
State of Alabama, the counties of
Autauga, Baldwin, Barbour, Bullock,
Butler, Choctaw, Clarke, Coffee,
Conecuh, Covington, Crenshaw, Dale,
Dallas, Elmore, Escambia, Geneva,
Henry, Houston, Lee, Lowndes, Macon,
Marengo, Mobile, Monroe, Montgomery,
Pike, Russell, Washington, and Wilcox;
State of Indiana, the counties of
Clark, Crawford, Daviess, Dearborn,
Dubois, Floyd, Gibson, Greene,
Harrison, Hendricks, Jackson, Jefferson,
Jennings, Knox, Lawrence, Martin,
Monroe, Ohio, Orange, Parke, Perry,
Pike, Posey, Ripley, Scott, Spencer,
Sullivan, Switzerland, Vanderburgh,
Vermillion, Vigo, Warrick, Washington;
State of Kentucky, the counties of
Bath, Bell, Bourbon, Boyd, Bracken,
Breathitt, Carter, Clark, Clay, Elliott,
Estill, Fleming, Floyd, Garrard,
Greenup, Harlan, Harrison, Jackson,
Johnson, Knott, Knox, Laurel, Lawrence,
Lee, Leslie, Letcher, Lewis, Madison,
Magoffin, Martin, Mason, McCreary,
Menifee, Montgomery, Morgan,
Nicholas, Owsley, Pendleton, Perry,
Pike, Powell, Robertson, Rockcastle,
Rowan, Whitley, and Wolfe;
State of Nevada, all counties;
State of New York, the counties of
Albany, Columbia, Dutchess, Greene,
Orange, Putnam, Rockland, Ulster, and
Westchester;
State of Ohio, the counties of
Ashtabula, Mahoning, Portage, Stark,
Summit, and Trumbull; and
Pacific territories of Guam, the
Northern Mariana Islands, and
American Samoa.
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Pages 61116-61117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17168]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54576; File No. SR-Phlx-2006-57]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Appeals From a Hearing Officer or Hearing Panel Decision
October 5, 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 October 3, 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 and
II below, which Items have been prepared by the Phlx. The Phlx filed
the proposed rule change as a ``non-controversial'' 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 Phlx proposes to amend Exchange By-Law Article XI, Section 11-3
to update the By-laws to make a minor clarifying change to reflect the
fact that appeals can now be heard from a Hearing Officer or Hearing
Panel decision. The proposed amendment to By-Law Article XI, Section
11-3 is set forth below. Italics indicate new text.
ARTICLE XI Appeals
* * * * *
Sec. 11-3. Appeal from Decisions of Hearing Officer, Hearing Panel
or Business Conduct Committee
(a) No change.
(b) No change.
* * * * *
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 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. The 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
The Exchange recently created the new staff position of a ``Hearing
Officer,'' who, along with two other Hearing Panelists, will hear
contested disciplinary matters that were previously heard by a panel
appointed by the Chair of the Business Conduct Committee (``BCC'').\5\
In connection with creating the Hearing Officer position, the Exchange
amended By-Law Article X, Section 10-11, which governs the BCC, and
Exchange Rules 960 and 970, the disciplinary rules. The purpose of this
proposal is to update Exchange By-Law Article XI to reflect, based on
the recent changes described above, that a decision from the Hearing
Officer or Hearing Panel can now be appealed to the Exchange's Board of
Governors.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 54011 (June 16,
2006), 71 FR 36157 (June 23, 2006) (SR-Phlx-2005-65).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that this proposal should help
to protect investors and the public interest by clarifying that appeals
can now be heard from a Hearing Officer or Hearing Panel decision.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 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
No written comments were either solicited or received.
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 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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.
A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\10\
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Phlx provided the Commission
with written notice of its intent to file this proposed rule change at
least five business days prior to the date of filing of the proposed
rule change. In addition, the Phlx has requested that the Commission
waive the 30-day operative delay. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposed rule change
makes Phlx By-Law Article XI, Section 11-3 consistent with changes
previously approved by the Commission.\12\ For this reason, the
Commission designates the
[[Page 61117]]
proposal to be effective and operative upon filing with the
Commission.\13\
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ Id.
\12\ See supra note 5.
\13\ 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).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2006-57 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-2006-57. 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-2006-57 and should be submitted on or before
November 7, 2006.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-17168 Filed 10-16-06; 8:45 am]
BILLING CODE 8011-01-P
