Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to the Revision of Certain Equity Transaction and Market Data Revenue Sharing Credits, 65024-65026 [E6-18633]
Download as PDF
65024
Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
liquidity to the Book in securities for
which the Market Makers are registered
as Market Makers. The Exchange
proposes this language so that the
application of this credit is consistent
with the application of the credit for
Market Makers and other ETP Holders
executing round-lot transactions in
NYSE-listed securities.
The Fee Schedule currently does not
specifically set forth a fee for Market
Maker round-lot transactions in NYSElisted securities, other listed securities
or Nasdaq securities that take liquidity
from the Book. The Exchange proposes
to amend the Fee Schedule to set forth
a $.003 per share fee for all such orders.
The Exchange proposes this change so
that it is clear that Market Makers are
subject to the same $.003 per share fee
that is charged to all ETP Holders
executing round-lot transactions in
NYSE-listed securities, other listed
securities, and Nasdaq securities that
take liquidity from the Book.
Market Maker Transaction Fees and
Credits—Odd Lots. The Fee Schedule
currently provides that Market Makers
are entitled to a $0.02 per share credit
for transactions in Nasdaq securities
that execute against odd-lot orders in
the Odd Lot Tracking Order Process, as
defined in NYSE Arca Equities Rule
7.31(g). The Exchange proposes to
eliminate this credit because the
Exchange no longer wishes to provide
the additional financial incentive to
Market Makers for providing liquidity in
Nasdaq odd-lot transactions.
Lead Market Maker Transaction Fees
and Credits—Odd Lots. The Fee
Schedule currently provides that Lead
Market Makers 7 executing odd-lot
transactions in NYSE Arca Marketplace
primary listed securities are entitled to
a $0.02 per share credit for such
transactions. The Exchange proposes to
amend the Fee Schedule to clarify that
such credit applies to orders that
provide liquidity to the Book in
securities for which the Lead Market
Maker is registered as the Lead Market
Maker. The Exchange proposes this
change in order to make the application
of this credit consistent with the
application of the transaction credits to
Market Makers and ETP Holders
generally.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent
Section 6(b) of the Act,8 in general, and
furthers the objectives of Section 6(b)(4)
of the Act,9 in particular, in that it is an
NYSE Arca Equities Rule 1.1(ccc).
U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
equitable allocation of reasonable dues,
fees and other charges among its
members and issuers and other persons
using its facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change does not 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
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and
subparagraph (f)(2) of Rule 19b–4 11
thereunder. At any time within 60 days
of the filing of such 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.
IV. Solicitation of Comments
VerDate Aug<31>2005
17:31 Nov 03, 2006
Jkt 211001
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–18632 Filed 11–3–06; 8:45 am]
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:
BILLING CODE 8011–01–P
Electronic Comments
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1
Thereto Relating to the Revision of
Certain Equity Transaction and Market
Data Revenue Sharing Credits
• 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–NYSEArca–2006–78 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2006–78. This
file number should be included on the
subject line if e-mail is used. To help the
7 See
8 15
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 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–NYSEArca–2006–78 and
should be submitted on or before
November 27, 2006.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54664; File No. SR–
NYSEArca–2006–72]
October 27, 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
5, 2006, NYSE Arca, Inc. (‘‘Exchange’’),
through its wholly owned subsidiary
NYSE Arca Equities, Inc. (‘‘NYSE Arca
Equities’’), filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
12 17
10 15
U.S.C. 78s(b)(3)(A)(ii).
11 17 CFR 240.19b–4(f)(2).
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\06NON1.SGM
06NON1
Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices
in Items I, II and III below, which Items
have been prepared by the Exchange.
On October 26, 2006, the Exchange filed
Amendment No. 1. The Exchange has
designated this proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as amended, from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
section of its Schedule of Fees and
Charges for Exchange Services (‘‘Fee
Schedule’’) that applies to certain ETP
Holder 5 transaction credits and market
data revenue sharing credits. While
changes to the Fee Schedule pursuant to
this proposed rule change are effective
upon filing with the Commission, the
new rates will become operative on
October 9, 2006. The text of the
proposed rule change is available on the
Exchange’s Web site at https://
www.nysearca.com, at the Exchange’s
Office of the Secretary, and in 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
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, as amended. 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.
type, the Passive Liquidity Order,6 into
the Fee Schedule in the same manner as
Tracking Orders. While changes to the
Fee Schedule pursuant to this proposed
rule change are effective upon filing
with the Commission, the new rates will
become operative on October 9, 2006.
The Fee Schedule currently provides
in footnote 5 that Tracking Orders will
not be eligible for ETP Holder
transaction credits. The Exchange
proposes to amend footnote 5 to the Fee
Schedule to provide that Passive
Liquidity Orders also will not be eligible
for ETP Holder transaction credits.
The Fee Schedule currently provides
in footnote 6 that an ETP Holder that
submits a Tracking Order instruction
that subsequently matches against an
inbound marketable order will not be
entitled to receive the Liquidity
Provider Credit. The Exchange proposes
to amend footnote 6 to the Fee Schedule
to provide that an ETP Holder
submitting a Passive Liquidity Order
instruction also will not be entitled to
receive the Liquidity Provider Credit.
The Exchange is not providing credits
to ETP Holders entering Passive
Liquidity Orders because it has no
reason at this time to create incentives
for the entry of such orders.7
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,8 in general, and
furthers the objectives of Section 6(b)(4)
of the Act,9 in particular, in that it
provides 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 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.
rwilkins on PROD1PC63 with NOTICES
A. 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
1. Purpose
The Exchange proposes to amend the
section of the Fee Schedule that applies
to certain ETP Holder transaction
credits and market data revenue sharing
credits in order to incorporate the
Exchange’s recently approved new order
Written comments on the proposed
rule change were neither solicited nor
received.
3 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
5 See NYSE Arca Equities Rule 1.1(n).
4 17
VerDate Aug<31>2005
17:31 Nov 03, 2006
Jkt 211001
6 The Commission recently approved the use of
Passive Liquidity Orders on the NYSE Arca
Marketplace. See Securities Exchange Act Release
No. 54511 (September 26, 2006), 71 FR 58460
(October 3, 2006)(SR–PCX–2005–53).
7 Amendment No. 1.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
65025
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective pursuant to section
Section 19(b)(3)(A)(ii) of the Act 10 and
subparagraph (f)(2) of Rule 19b–4
thereunder 11 because it establishes or
changes a member due, fee, or other
charge imposed by the self-regulatory
organization. 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.12
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–NYSEArca–2006–72 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
No. SR–NYSEArca–2006–72. 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
10 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
12 15 U.S.C. 78s(b)(3)(C). For purposes of
calculating the 60-day period within which the
Commission may summarily abrogate the proposal,
the Commission considers the period to have
commenced on October 26, 2006, the date on which
the Exchange filed Amendment No. 1.
11 17
E:\FR\FM\06NON1.SGM
06NON1
65026
Federal Register / Vol. 71, No. 214 / Monday, November 6, 2006 / Notices
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 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 No.
SR–NYSEArca–2006–72 and should be
submitted on or before November 27,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Nancy M. Morris,
Secretary.
[FR Doc. E6–18633 Filed 11–3–06; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #10680 and #10681]
Florida Disaster # FL–00016
A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
AGENCY:
SUPPLEMENTARY INFORMATION:
SUMMARY: This is a notice of an
Administrative declaration of a disaster
for the State of FLORIDA dated 10/27/
2006.
Incident: Tornadoes.
Incident Period: 10/07/2006.
Effective Date: 10/27/2006.
Physical Loan Application Deadline
Date: 12/26/2006.
Economic Injury (EIDL) Loan
Application Deadline Date: 07/27/2007.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
Primary Counties: Orange.
Contiguous Counties: Florida, Brevard,
Lake Osceola, Polk, Seminole, Volusia.
The Interest Rates are:
U.S. Small Business
Administration.
ACTION: Notice.
Homeowners With Credit Available Elsewhere ...............................................................................................................................
Homeowners Without Credit Available Elsewhere .........................................................................................................................
Businesses With Credit Available Elsewhere ..................................................................................................................................
Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere ...................................................................
Other (Including Non-Profit Organizations) With Credit Available Elsewhere .............................................................................
Businesses And Non-Profit Organizations Without Credit Available Elsewhere ..........................................................................
The number assigned to this disaster for
physical damage is 10680 C and for economic
injury is 106810.
The States which received an EIDL
Declaration # are Florida.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Dated: October 26, 2006.
Steven C. Preston,
Administrator.
[FR Doc. E6–18597 Filed 11–3–06; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 10686 and # 10687]
Indiana Disaster # IN–00010
U.S. Small Business
Administration.
AGENCY:
ACTION:
Notice.
SUMMARY: This is a notice of an
Administrative declaration of a disaster
for the State of Indiana dated 10/27/
2006.
Incident: Severe Storms and Flooding.
Incident Period: 08/28/2006.
Effective Date: 10/27/2006.
Physical Loan Application Deadline
Date: 12/26/2006.
Economic Injury (EIDL) Loan
Application Deadline Date: 07/27/2007.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, Tx 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
SUPPLEMENTARY INFORMATION:
Primary Counties: Wayne.
Contiguous Counties: Indiana, Fayette,
Henry, Randolph, Union, Ohio, Darke,
Preble.
The Interest Rates are:
rwilkins on PROD1PC63 with NOTICES
Homeowners With Credit Available Elsewhere ...............................................................................................................................
Homeowners Without Credit Available Elsewhere .........................................................................................................................
Businesses With Credit Available Elsewhere ..................................................................................................................................
Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere ...................................................................
Other (Including Non-Profit Organizations) With Credit Available Elsewhere .............................................................................
Businesses And Non-Profit Organizations Without Credit Available Elsewhere ..........................................................................
13 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
17:31 Nov 03, 2006
Jkt 211001
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3.125.
7.934.
4.000
5.000.
4.000.
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6.250.
3.125.
7.934.
4.000.
5.000.
4.000.
Agencies
[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Notices]
[Pages 65024-65026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18633]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54664; File No. SR-NYSEArca-2006-72]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1
Thereto Relating to the Revision of Certain Equity Transaction and
Market Data Revenue Sharing Credits
October 27, 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 5, 2006, NYSE Arca, Inc. (``Exchange''), through its wholly
owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca Equities''),
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described
[[Page 65025]]
in Items I, II and III below, which Items have been prepared by the
Exchange. On October 26, 2006, the Exchange filed Amendment No. 1. The
Exchange has designated this proposed rule change as one establishing
or changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, 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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the section of its Schedule of Fees
and Charges for Exchange Services (``Fee Schedule'') that applies to
certain ETP Holder \5\ transaction credits and market data revenue
sharing credits. While changes to the Fee Schedule pursuant to this
proposed rule change are effective upon filing with the Commission, the
new rates will become operative on October 9, 2006. The text of the
proposed rule change is available on the Exchange's Web site at https://
www.nysearca.com, at the Exchange's Office of the Secretary, and in the
Commission's Public Reference Room.
---------------------------------------------------------------------------
\5\ See NYSE Arca Equities Rule 1.1(n).
---------------------------------------------------------------------------
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, as
amended. 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 Exchange proposes to amend the section of the Fee Schedule that
applies to certain ETP Holder transaction credits and market data
revenue sharing credits in order to incorporate the Exchange's recently
approved new order type, the Passive Liquidity Order,\6\ into the Fee
Schedule in the same manner as Tracking Orders. While changes to the
Fee Schedule pursuant to this proposed rule change are effective upon
filing with the Commission, the new rates will become operative on
October 9, 2006.
---------------------------------------------------------------------------
\6\ The Commission recently approved the use of Passive
Liquidity Orders on the NYSE Arca Marketplace. See Securities
Exchange Act Release No. 54511 (September 26, 2006), 71 FR 58460
(October 3, 2006)(SR-PCX-2005-53).
---------------------------------------------------------------------------
The Fee Schedule currently provides in footnote 5 that Tracking
Orders will not be eligible for ETP Holder transaction credits. The
Exchange proposes to amend footnote 5 to the Fee Schedule to provide
that Passive Liquidity Orders also will not be eligible for ETP Holder
transaction credits.
The Fee Schedule currently provides in footnote 6 that an ETP
Holder that submits a Tracking Order instruction that subsequently
matches against an inbound marketable order will not be entitled to
receive the Liquidity Provider Credit. The Exchange proposes to amend
footnote 6 to the Fee Schedule to provide that an ETP Holder submitting
a Passive Liquidity Order instruction also will not be entitled to
receive the Liquidity Provider Credit.
The Exchange is not providing credits to ETP Holders entering
Passive Liquidity Orders because it has no reason at this time to
create incentives for the entry of such orders.\7\
---------------------------------------------------------------------------
\7\ Amendment No. 1.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\9\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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
The foregoing proposed rule change has become effective pursuant to
section Section 19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2)
of Rule 19b-4 thereunder \11\ because it establishes or changes a
member due, fee, or other charge imposed by the self-regulatory
organization. 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.\12\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(2).
\12\ 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to have commenced on
October 26, 2006, the date on which the Exchange filed Amendment No.
1.
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-NYSEArca-2006-72 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File No. SR-NYSEArca-2006-72. 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
[[Page 65026]]
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 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 No. SR-NYSEArca-2006-72 and should be
submitted on or before November 27, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Nancy M. Morris,
Secretary.
[FR Doc. E6-18633 Filed 11-3-06; 8:45 am]
BILLING CODE 8011-01-P