Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of a Proposed Rule Change Regarding the Amendment of NYSE Rule 300 Relating to Trading Licenses and the Deletion of NYSE Rule 300T, 66359-66361 [E6-19165]

Download as PDF Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices sroberts on PROD1PC70 with NOTICES Commission’s examination authority under Section 17(b)(1) of the Act.58 The LLC Agreement also provides that the NASD and NSX, and each officer, director, agent, and employee thereof, irrevocably submits to the jurisdiction of the U.S. federal courts, the Commission, and the NASD for the purpose of any suit, action, or proceeding pursuant to the U.S. federal securities laws and the rules and regulations thereunder arising from, or relating to, the NASD/NSX TRF LLC’s activities. The Commission also believes that the requirements of Section 19(b) of the Act and Rule 19b–4 thereunder provide the Commission with sufficient authority over changes in control of the NASD/ NSX TRF LLC to enable the Commission to carry out its regulatory oversight responsibilities with respect to the NASD and its facilities. The Commission notes that the NASD is required to enforce compliance with the provisions of the LLC Agreement because they are ‘‘rules of the association’’ within the meaning of Section 3(a)(27) of the Act.59 A failure on the part of the NASD to enforce its rules could result in a suspension or revocation of its registration pursuant to Section 19(h)(1) of the Act.60 Commission notes that NASD stated that it expects to announce the implementation date of the first phase no later than 30 days following approval and the second phase no later than 90 days following approval. Finally, NASD proposes to designate its Rule 5140 and IM–5140 regarding multiple MPIDs as a pilot that would expire on January 26, 2007 and to add language to clarify that members that use an MPID for quoting purposes must use the same MPID for trade reporting purposes for transactions that result from the member’s quotation. Because the changes to its Rule 5140 and IM–5140 are designed to prevent potential misuse of MPIDs, the Commission believes that good cause exists to accelerate approval of the changes proposed in Amendment No. 1. Accordingly, the Commission finds that it is consistent with Sections 6(b)(5) and 19(b) of the Act to approve Amendment No. 1 on an accelerated basis. C. Accelerated Approval of Amendment No. 1 The Commission finds good cause for approving Amendment No. 1 prior to the thirtieth day after the date of publication of notice of filing thereof in the Federal Register. In Amendment No. 1, the NASD proposes to expand the NASD/NSX TRF to accept transaction reports in non-Nasdaq exchange-listed securities. The NASD had noted its intention to accept for these trades in the NASD/NSX TRF in its Notice. Because the NASD is obligated to collect these transaction reports, and allowing the NASD/NSX TRF to accept these trade reports may increase competition among the trade reporting facilities operated by the NASD, the Commission believes there is good cause to accelerate approval of this change to the NASD/NSX TRF. Second, the NASD proposes to implement the NASD/NSX TRF in two phases to allow it to make necessary systems changes. The Commission finds that good cause exists to accelerate approval of this implementation schedule as it will allow NASD to incrementally begin operations of this new trade reporting facility, as its systems are ready. The 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–NASD–2006–108 on the subject line. 58 See Section 17(c) of the LLC Agreement. 59 15 U.S.C. 78c(a)(27). 60 15 U.S.C. 78s(h)(1). VerDate Aug<31>2005 19:07 Nov 13, 2006 Jkt 211001 V. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning Amendment No. 1, including whether Amendment No. 1 is consistent with the Act. Comments may be submitted by any of the following methods: 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–NASD–2006–108. 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 66359 provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room. Copies of the 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–NASD–2006–108 and should be submitted on or before December 5, 2006. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,61 that the proposed rule change (SR–NASD–2006– 108), as amended, is approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.62 Nancy M. Morris, Secretary. [FR Doc. E6–19167 Filed 11–13–06; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–54713; File No. SR–NYSE– 2006–98] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of a Proposed Rule Change Regarding the Amendment of NYSE Rule 300 Relating to Trading Licenses and the Deletion of NYSE Rule 300T November 6, 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 November 3, 2006, the New York Stock Exchange LLC (‘‘NYSE’’ 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 NYSE. 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 Exchange proposes to amend NYSE Rule 300 relating to trading 61 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 62 17 E:\FR\FM\14NON1.SGM 14NON1 66360 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices licenses to charge a fixed price of $50,000 for calendar year 2007 trading licenses that are purchased during the 2006 offering period, rather than using an auction to determine the trading license price as was done for calendar year 2006. The Exchange is also proposing to modify the fee relating to the approval of any new member or prequalified substitute. The Exchange is also deleting NYSE Rule 300T, which is no longer necessary. The text of the proposed rule change is available on NYSE’s Web site at http: //www.nyse.com, at NYSE’s principal office, 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, NYSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposal. The text of these statements may be examined at the places specified in Item IV below. 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 sroberts on PROD1PC70 with NOTICES 1. Purpose The Exchange proposes to amend NYSE Rule 300 relating to trading licenses to charge a fixed price of $50,000 for calendar year 2007 trading licenses that are purchased during the 2006 offering period, rather than using an auction to determine the trading license price as was done for calendar year 2006. The Exchange is also proposing to modify the fee relating to the approval of any new member or prequalified substitute. The Exchange is also deleting NYSE Rule 300T, which is no longer necessary. The auction process used in anticipation of the merger between New York Stock Exchange, Inc. and Archipelago Holdings, Inc. in March 2006 produced a trading license price of $49,290. The Exchange believes that this is evidence that a $50,000 annual fee for a trading license is fair and reasonable. The Exchange believes that moving to a fixed price for trading licenses will also simplify the process under which member organizations obtain trading licenses, and that certainty regarding the price for a trading license will be a VerDate Aug<31>2005 19:07 Nov 13, 2006 Jkt 211001 benefit to both its member organizations and the Exchange. Because there will be no chance of an unexpectedly high purchase price, as was the case when the price was set by auction, the Exchange believes that there is no need to provide for a repricing if fewer than 1,000 trading licenses are applied for. The Exchange also notes that since 1,279 trading licenses were purchased last year at $49,290, there is no reason to believe that a price of $50,000 would substantially reduce the number of trading licenses sold for calendar year 2007. Nonetheless, to insure fairness in the allocation of trading licenses among those desiring them, the Exchange will retain certain restrictions imposed this past year. Accordingly, member organizations would initially be limited to applying for a number of licenses equal to the greater of 35 or 125% of the number of trading licenses they used in 2006. So that member organizations would not be affected by end-of-year fluctuations in the number of licenses held, the 125% will be calculated with reference to the greatest number of licenses held by the member organization during calendar year 2006. For example, if a member organization had, at its highest point in 2006, 36 trading licenses issued to it, the member organization would be entitled to apply for 45 trading licenses for 2007, even if at the time of the 2006 offering period, the member organization only held 32 trading licenses. In no event would the total number of trading licenses issued by the Exchange exceed 1,366, and if in the offering more than 1,366 licenses are applied for, the Exchange would allow member organizations to purchase up to the greatest number they used in calendar year 2006, with the additional trading licenses up to 1,366 apportioned among interested member organizations by lottery. Since there is no longer a need to encourage participation in an auction, the Exchange would eliminate the requirement that trading licenses purchased after the annual offering pay a 10% premium. As was the case this year, the purchase price for all trading licenses would be paid in monthly installments, and early terminations would pay a termination fee equal to one month’s installment of the purchase price. The Exchange also proposes to modify the fee relating to the approval of any new member or pre-qualified substitute. Currently, the Exchange charges a fee of $1,000 for the approval of new trading license holders or pre-qualified substitutes. The fee does not apply to PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 current trading license holders who are approved for trading floor access. Based on its experience with the administration of the approval process during 2006, the Exchange proposes to increase this fee from $1,000 to $5,000. The Exchange believes that the increase is appropriate to defray the administrative expenses associated with the approval of new members and prequalified substitutes, and notes that it is in line with the $5,000 fee the Exchange charged prior to the merger for transfers of memberships. Finally, the Exchange is eliminating NYSE Rule 300T, which was needed only with respect to the auction conducted in 2006, the year in which the merger between New York Stock Exchange, Inc. and Archipelago Holdings, Inc. occurred. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the requirement under Section 6(b)(4) of the Act 3 that a national securities 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 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 were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which NYSE consents, the Commission will: (A) By order approve such proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. 3 15 U.S.C. 78f(b)(4). E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices 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.4 Nancy M. Morris, Secretary. [FR Doc. E6–19165 Filed 11–13–06; 8:45 am] BILLING CODE 8011–01–P SOCIAL SECURITY ADMINISTRATION • 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–2006–98 on the subject line. sroberts on PROD1PC70 with NOTICES Electronic Comments [Docket No. SSA 2006–0095] No Fear Act Notice Social Security Administration. Notice. AGENCY: ACTION: SUMMARY: The Social Security Administration is required to provide notice to all of its employees, former Paper Comments employees, and applicants for Federal employment in order to inform them of • Send paper comments in triplicate applicable rights and remedies available to Nancy M. Morris, Secretary, under the Federal antidiscrimination Securities and Exchange Commission, and whistleblower Protection Laws. The 100 F Street, NE., Washington, DC notice is set forth below. 20549–1090. DATES: This notice will be effective on All submissions should refer to File November 1, 2006. Number SR–NYSE–2006–98. This file FOR FURTHER INFORMATION CONTACT: number should be included on the Chester Kleinman, Senior Advisor, by subject line if e-mail is used. To help the mail at Office of Civil Rights and Equal Commission process and review your Opportunity, Social Security comments more efficiently, please use Administration, P.O. Box 17712, only one method. The Commission will Baltimore, Maryland 21235–7712; or by post all comments on the Commission’s telephone at 410–965–0697. Internet Web site (http://www.sec.gov/ SUPPLEMENTARY INFORMATION: On May rules/sro.shtml). Copies of the 15, 2002, Congress enacted the submission, all subsequent ‘‘Notification and Federal Employee amendments, all written statements Antidiscrimination and Retaliation Act with respect to the proposed rule of 2002,’’ which is now known as the change that are filed with the No FEAR Act. One purpose of the Act Commission, and all written is to ‘‘require that Federal agencies be accountable for violations of communications relating to the antidiscrimination and whistleblower proposed rule change between the Commission and any person, other than protection laws.’’ Public Law 107–174, Summary. In support of this purpose, those that may be withheld from the Congress found that ‘‘agencies cannot be public in accordance with the run effectively if those agencies practice provisions of 5 U.S.C. 552, will be or tolerate discrimination.’’ Public Law available for inspection and copying in 107–174, Title I, General Provisions, the Commission’s Public Reference Room. Copies of such filing also will be section 101(1). The Act also requires this agency to available for inspection and copying at provide this notice to Federal the principal office of NYSE. All employees, former Federal employees comments received will be posted and applicants for Federal employment without change; the Commission does to inform you of the rights and not edit personal identifying protections available to you under information from submissions. You Federal antidiscrimination and should submit only information that whistleblower protection laws. you wish to make available publicly. All Antidiscrimination Laws submissions should refer to File Number SR–NYSE–2006–98 and should A Federal agency cannot discriminate be submitted on or before December 5, against an employee or applicant with 2006. respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status or political 4 17 CFR 200.30–3(a)(12). affiliation. Discrimination on these VerDate Aug<31>2005 19:07 Nov 13, 2006 Jkt 211001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 66361 bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. This agency also prohibits discrimination based on parental status and sexual orientation. Executive Order 13152 states explicitly that discrimination based upon an individual’s status as a parent is prohibited within the Executive Branch of the Federal Government. The right to address sexual orientation discrimination derives from Agency policy. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin, disability, parental status or sexual orientation you must contact an Equal Employment Opportunity (EEO) counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with the Agency. See e.g. 29 CFR 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel (OSC) (see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the Agency’s administrative or negotiated grievance procedures, if such procedures apply and are available. Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual that is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive Order to be kept secret in the interest of E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Pages 66359-66361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19165]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54713; File No. SR-NYSE-2006-98]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of a Proposed Rule Change Regarding the Amendment of 
NYSE Rule 300 Relating to Trading Licenses and the Deletion of NYSE 
Rule 300T

November 6, 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 November 3, 2006, the New York Stock Exchange LLC (``NYSE'' 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 NYSE. 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 300 relating to trading

[[Page 66360]]

licenses to charge a fixed price of $50,000 for calendar year 2007 
trading licenses that are purchased during the 2006 offering period, 
rather than using an auction to determine the trading license price as 
was done for calendar year 2006. The Exchange is also proposing to 
modify the fee relating to the approval of any new member or pre-
qualified substitute. The Exchange is also deleting NYSE Rule 300T, 
which is no longer necessary.
    The text of the proposed rule change is available on NYSE's Web 
site at http: //www.nyse.com, at NYSE's principal office, 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, NYSE included statements 
concerning the purpose of, and basis for, the proposed rule change and 
discussed any comments it received on the proposal. The text of these 
statements may be examined at the places specified in Item IV below. 
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
    The Exchange proposes to amend NYSE Rule 300 relating to trading 
licenses to charge a fixed price of $50,000 for calendar year 2007 
trading licenses that are purchased during the 2006 offering period, 
rather than using an auction to determine the trading license price as 
was done for calendar year 2006. The Exchange is also proposing to 
modify the fee relating to the approval of any new member or pre-
qualified substitute. The Exchange is also deleting NYSE Rule 300T, 
which is no longer necessary.
    The auction process used in anticipation of the merger between New 
York Stock Exchange, Inc. and Archipelago Holdings, Inc. in March 2006 
produced a trading license price of $49,290. The Exchange believes that 
this is evidence that a $50,000 annual fee for a trading license is 
fair and reasonable. The Exchange believes that moving to a fixed price 
for trading licenses will also simplify the process under which member 
organizations obtain trading licenses, and that certainty regarding the 
price for a trading license will be a benefit to both its member 
organizations and the Exchange.
    Because there will be no chance of an unexpectedly high purchase 
price, as was the case when the price was set by auction, the Exchange 
believes that there is no need to provide for a re-pricing if fewer 
than 1,000 trading licenses are applied for. The Exchange also notes 
that since 1,279 trading licenses were purchased last year at $49,290, 
there is no reason to believe that a price of $50,000 would 
substantially reduce the number of trading licenses sold for calendar 
year 2007.
    Nonetheless, to insure fairness in the allocation of trading 
licenses among those desiring them, the Exchange will retain certain 
restrictions imposed this past year. Accordingly, member organizations 
would initially be limited to applying for a number of licenses equal 
to the greater of 35 or 125% of the number of trading licenses they 
used in 2006. So that member organizations would not be affected by 
end-of-year fluctuations in the number of licenses held, the 125% will 
be calculated with reference to the greatest number of licenses held by 
the member organization during calendar year 2006. For example, if a 
member organization had, at its highest point in 2006, 36 trading 
licenses issued to it, the member organization would be entitled to 
apply for 45 trading licenses for 2007, even if at the time of the 2006 
offering period, the member organization only held 32 trading licenses. 
In no event would the total number of trading licenses issued by the 
Exchange exceed 1,366, and if in the offering more than 1,366 licenses 
are applied for, the Exchange would allow member organizations to 
purchase up to the greatest number they used in calendar year 2006, 
with the additional trading licenses up to 1,366 apportioned among 
interested member organizations by lottery.
    Since there is no longer a need to encourage participation in an 
auction, the Exchange would eliminate the requirement that trading 
licenses purchased after the annual offering pay a 10% premium. As was 
the case this year, the purchase price for all trading licenses would 
be paid in monthly installments, and early terminations would pay a 
termination fee equal to one month's installment of the purchase price.
    The Exchange also proposes to modify the fee relating to the 
approval of any new member or pre-qualified substitute. Currently, the 
Exchange charges a fee of $1,000 for the approval of new trading 
license holders or pre-qualified substitutes. The fee does not apply to 
current trading license holders who are approved for trading floor 
access. Based on its experience with the administration of the approval 
process during 2006, the Exchange proposes to increase this fee from 
$1,000 to $5,000. The Exchange believes that the increase is 
appropriate to defray the administrative expenses associated with the 
approval of new members and pre-qualified substitutes, and notes that 
it is in line with the $5,000 fee the Exchange charged prior to the 
merger for transfers of memberships.
    Finally, the Exchange is eliminating NYSE Rule 300T, which was 
needed only with respect to the auction conducted in 2006, the year in 
which the merger between New York Stock Exchange, Inc. and Archipelago 
Holdings, Inc. occurred.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirement under Section 6(b)(4) of the Act \3\ that a 
national securities 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.
---------------------------------------------------------------------------

    \3\ 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 were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which NYSE consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

[[Page 66361]]

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-NYSE-2006-98 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-2006-98. 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 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-2006-98 and should be submitted on or before December 5, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-19165 Filed 11-13-06; 8:45 am]
BILLING CODE 8011-01-P