Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Fee on Orders in Equities and Exchange Traded Funds Routed From the Exchange and Executed in Another Market Pursuant to the Linkage Plan, 66820-66822 [E6-19380]
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66820
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
there would be with an ETF.
Additionally, the Securities are debt,
whose value, while linked to the basket,
is at least 100% of the principal
investment amount, and whose value is
affected by factors, such as interest
rates, time remaining to maturity, and
the issuer’s creditworthiness, that make
an intraday indicative value not as
determinative. The Closing Value will
be published at approximately 5 p.m.,
New York City time, calculated on each
day as if such day were the valuation
date. The Closing Value will be
accessible by going to Bloomberg page
‘‘WSSN’’ and selecting the ‘‘commoditylinked’’ option. Wachovia will
determine the value of the Securities at
maturity, which will consist of at least
100% of the principal investment
amount, plus the Basket Performance
Amount.
C. Listing and Trading
pwalker on PROD1PC61 with NOTICES
The Commission finds that the
Exchange’s proposed rules and
procedures for the listing and trading of
the proposed Securities are consistent
with the Act. The Securities will trade
as equity securities under Section
703.19 of the Manual and will be subject
to NYSE rules applicable to equity
trading including, among others, rules
governing priority, parity and
precedence of orders, specialist
responsibilities, account opening and
customer suitability requirements. The
Commission believes that the listing and
delisting criteria for the Securities
should help to maintain a minimum
level of liquidity and therefore
minimize the potential for manipulation
of the Securities. The Exchange
represents that it would file a proposed
rule change, pursuant to Rule 19b–4
under the Act,17 if Wachovia removes a
Component Commodity from the
Basket, adds a new Component
Commodity to the Basket, changes the
weighting of the Component
Commodities in the Basket, or changes
on a more than temporary basis the
source of the closing price of any of the
Component Commodities; or a market
disruption event occurs which is of a
more than temporary nature. Finally,
the Commission notes that the
Information Memorandum the Exchange
will distribute will inform members and
member organizations about the terms,
characteristics and risks in trading the
17 17
CFR 240.19b–4.
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20:27 Nov 15, 2006
Jkt 211001
Securities, including their prospectus
delivery obligations.
D. Accelerated Approval
The Commission finds good cause for
approving this proposed rule change
before the thirtieth day after the
publication of notice thereof in the
Federal Register. The Commission notes
that this product is similar to other
products already approved by the
Commission.18 The Commission
presently is not aware of any issue that
would cause it to revisit such earlier
findings or preclude the trading of these
Securities on the Exchange. Therefore,
accelerating approval of this proposed
rule change should benefit investors by
creating, without undue delay,
opportunities for investors to trade in
such Securities.
V. Conclusion
It Is Therefore Ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change, as amended (SR–
NYSE–2006–54), is hereby approved on
an accelerated basis.19
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.20
Nancy M. Morris,
Secretary.
[FR Doc. E6–19364 Filed 11–15–06; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54727; File No. SR–NYSE–
2006–79]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to a
Fee on Orders in Equities and
Exchange Traded Funds Routed From
the Exchange and Executed in Another
Market Pursuant to the Linkage Plan
November 8, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
18 See,
e.g., Securities Exchange Act Release No.
54033 (June 22, 2006), 71 FR 37131 (June 29, 2006)
(order approving the listing and trading of principal
protected notes linked to the Metals-China Basket).
19 15 U.S.C. 78s(b)(2).
20 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
notice is hereby given that on
September 29, 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 the Exchange. The
Exchange filed the proposal pursuant to
Section 19(b)(3)(A) of the Act 3 and
subparagraph (f)(2) of Rule 19b–4
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 Exchange is proposing to charge
a fee (‘‘Linkage Order Fee’’) to its
member organizations in connection
with orders in equities and Exchange
Traded Funds (‘‘ETFs’’) routed from the
Exchange and executed in another
market pursuant to the ‘‘Plan for the
Purpose of Creating and Operating an
Intermarket Communications Linkage’’
(‘‘Linkage Plan’’).
The text of the proposed rule change
is available on the NYSE’s Web site
(https://www.nyse.com), at the NYSE’s
Office of the Secretary, 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, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
3 15
4 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
E:\FR\FM\16NON1.SGM
16NON1
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
The NYSE proposes to charge a
Linkage Order Fee to its member
organizations in connection with orders
in equities and ETFs routed from the
Exchange and executed in another
market pursuant to the Linkage Plan.5
The ‘‘Linkage Order Fee’’ would be paid
on such orders in the amount of
$0.00025 per share and, for ETFs, in the
amount of $0.0030 per share. The
Linkage Order Fee is proposed to take
effect on October 1, 2006 and to extend
until the scheduled termination of the
Linkage Plan on June 30, 2007.
The Linkage Plan provides that orders
be sent to a Participant market through
the auspices of a member of that
Participant (‘‘Sponsoring Member’’).6
The Exchange has identified
Archipelago Securities LLC (‘‘Arca
Securities’’) as the Exchange’s
Sponsoring Member for orders executed
in a destination market. Arca Securities
would be billed by the destination
markets for orders entered on the
Exchange by Entering Firms but routed
to other markets for execution. The
Exchange would assume responsibility
for fees paid by Arca Securities to
Participant markets in its capacity as the
Exchange’s Sponsoring Member. The
Exchange proposes to bill each Entering
Firm the Linkage Order Fee in order to
recover these expenses.
Each Entering Firm would be billed
the Linkage Order Fee for equities each
month with respect to the number of
shares that such firm has executed
pursuant to the Linkage Plan. Such fee
would be subject to the monthly fee cap
per Entering Firm of $750,000, but it
would not be subject to the cap of $80
per transaction in the 2006 Exchange
Price List.
The Exchange also would impose a
Linkage Order Fee for ETFs of $0.0030
per share, to be billed monthly. While
this is the same as the Broker/Dealer per
share fee currently imposed, the Linkage
pwalker on PROD1PC61 with NOTICES
5 The
Linkage Plan was filed with the
Commission pursuant to Rule 608 of Regulation
NMS under the Act. The purpose of the Linkage
Plan is to enable the Plan Participants to act jointly
in planning, developing, operating and regulating
the NMS Linkage System electronically linking the
Plan Participant Markets to one another, as
described in the Linkage Plan. Following approval
by the Commission, the Plan became operative on
October 1, 2006. The Plan would terminate on June
30, 2007; however, Participants that wished to
extend the term could agree to do so, subject to
Commission approval. See Securities Exchange Act
Release No. 54551 (Sept. 29, 2006), 71 FR 59148
(Oct. 6, 2006) (approving the Linkage Plan).
6 The Participants in the Linkage Plan are the
American Stock Exchange LLC, the Boston Stock
Exchange, Inc., the Chicago Board Options
Exchange, Inc., the Chicago Stock Exchange, Inc.,
the Nasdaq Stock Market LLC, the National Stock
Exchange, the New York Stock Exchange LLC, the
NYSE Arca, Inc., and the Philadelphia Stock
Exchange, Inc.
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20:27 Nov 15, 2006
Jkt 211001
Order Fee would apply both to ETFs
listed on the Exchange and to those
traded on the Exchange pursuant to
unlisted trading privileges (‘‘UTP’’).
(ETFs traded pursuant to UTP are
currently subject to a transaction fee
moratorium.) In addition, the Linkage
Order Fee would apply to System
Orders under 5,100 shares and would
not be subject to the cap of $100 per
trade for ETFs.
The Exchange is also proposing to
make a minor change to the ETF
transaction fee schedule to specify that
the fee is $0.0030 per share rather than
$0.30 per round lot, consistent with the
form of the transaction fee schedule for
equities.
The Exchange also proposes to amend
the 2006 Price List to clarify that
transactions by members acting as
specialist for the specialist’s own
account are not subject to transaction
fees on ETF transactions.7
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6(b) of the
Act,8 in general, and Section 6(b)(4) of
the Act,9 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among the Exchange’s
members and other persons using its
facilities. The fee is intended to permit
the Exchange to recover fees billed to
Arca Securities, as a Sponsoring
Member, by other markets for orders
executed pursuant to the Linkage Plan.
In addition, with the exception of the
per trade or per month fee caps
applicable to non-Linkage orders, the
billing rate is the same for Linkage and
non-Linkage orders.
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 solicited
or received with respect to the proposed
rule change.
7 The Exchange’s transaction fee schedule was
most recently amended in Securities Exchange Act
Release No. 54142 (July 13, 2006), 71 FR 41493
(July 21, 2006) (SR–NYSE–2006–46).
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
66821
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed 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, because it involves a
member due, fee or other charge. At any
time within sixty (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
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 rulecomments@sec.gov. Please include File
Number SR–NYSE–2006–79 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–2006–79. 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
10 15
11 17
E:\FR\FM\16NON1.SGM
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
16NON1
66822
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the NYSE. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSE–2006–79 and should
be submitted on or before December 7,
2006.
For the Commission, by the Division
of Market Regulation, pursuant to
delegated authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–19380 Filed 11–15–06; 8:45 am]
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics,
Environmental Analysis, and
Administration within 14 calendar days
of the date of this notice. The rules for
release of waybill data are codified at 49
CFR 1244.9.
Contact: Mac Frampton, (202) 565–
1541.
Vernon A. Williams,
Secretary.
[FR Doc. E6–19406 Filed 11–15–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF VETERANS
AFFAIRS
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from GATX Rail
(WB512–12—10/20/06), for permission
to use certain data from the Board’s
Carload Waybill Samples. A copy of this
request may be obtained from the Office
of Economics, Environmental Analysis,
and Administration.
The waybill sample contains
confidential railroad and shipper data;
pwalker on PROD1PC61 with NOTICES
12 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
20:27 Nov 15, 2006
Jkt 211001
Veterans’ Advisory Committee on
Rehabilitation (VACOR), Notice of
Meeting
The Department of Veterans Affairs
(VA) gives notice under Public Law 92–
463 (Federal Advisory Committee Act)
that a meeting of the Veterans’ Advisory
Committee on Rehabilitation will be
held on December 7–8, 2006 in Room
442 at the Department of Veterans
Affairs, 811 Vermont Avenue,
Washington, DC. Sessions on both days
will begin at 8 a.m. On December 7, the
session will end at 4:30 p.m. and on
December 8 at noon. The meeting is
open to the public.
The purpose of the Committee is to
provide recommendations to the
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Secretary of Veterans Affairs on the
rehabilitation needs of veterans with
disabilities and on the administration of
VA’s rehabilitation programs.
During the meeting, there will be
briefings on various VA initiatives to
meet the rehabilitation needs of
veterans, particularly veterans of
Operation Iraqi Freedom and Operating
Enduring Freedom. The Committee will
also focus on how VA’s polytrauma
centers are addressing the specific
requirements of the most severely
disabled veterans returning from current
war zones.
No time will be allocated at this
meeting for oral presentations from the
public. Any member of the public
wishing to attend the meeting is
requested to contact Ms. Jennifer Smith,
Designated Federal Officer, at (202)
273–7308. The Committee will accept
written comments. Comments can be
addressed to Ms. Smith at the
Department of Veterans Affairs,
Veterans Benefits Administration (28),
810 Vermont Avenue, NW.,
Washington, DC 20420. In
communication with the Committee,
writers must identify themselves and
state the organizations, associations, or
person(s) they represent.
By direction of the Secretary.
Dated: November 8, 2006.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 06–9207 Filed 11–15–06; 8:45 am]
BILLING CODE 8320–01–M
E:\FR\FM\16NON1.SGM
16NON1
]]>Agencies
[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Pages 66820-66822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19380]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54727; File No. SR-NYSE-2006-79]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to a Fee on Orders in Equities and Exchange Traded Funds
Routed From the Exchange and Executed in Another Market Pursuant to the
Linkage Plan
November 8, 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 September 29, 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 the Exchange. The
Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the Act
\3\ and subparagraph (f)(2) of Rule 19b-4 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)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to charge a fee (``Linkage Order Fee'')
to its member organizations in connection with orders in equities and
Exchange Traded Funds (``ETFs'') routed from the Exchange and executed
in another market pursuant to the ``Plan for the Purpose of Creating
and Operating an Intermarket Communications Linkage'' (``Linkage
Plan'').
The text of the proposed rule change is available on the NYSE's Web
site (https://www.nyse.com), at the NYSE's Office of the Secretary, 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, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
[[Page 66821]]
The NYSE proposes to charge a Linkage Order Fee to its member
organizations in connection with orders in equities and ETFs routed
from the Exchange and executed in another market pursuant to the
Linkage Plan.\5\ The ``Linkage Order Fee'' would be paid on such orders
in the amount of $0.00025 per share and, for ETFs, in the amount of
$0.0030 per share. The Linkage Order Fee is proposed to take effect on
October 1, 2006 and to extend until the scheduled termination of the
Linkage Plan on June 30, 2007.
---------------------------------------------------------------------------
\5\ The Linkage Plan was filed with the Commission pursuant to
Rule 608 of Regulation NMS under the Act. The purpose of the Linkage
Plan is to enable the Plan Participants to act jointly in planning,
developing, operating and regulating the NMS Linkage System
electronically linking the Plan Participant Markets to one another,
as described in the Linkage Plan. Following approval by the
Commission, the Plan became operative on October 1, 2006. The Plan
would terminate on June 30, 2007; however, Participants that wished
to extend the term could agree to do so, subject to Commission
approval. See Securities Exchange Act Release No. 54551 (Sept. 29,
2006), 71 FR 59148 (Oct. 6, 2006) (approving the Linkage Plan).
---------------------------------------------------------------------------
The Linkage Plan provides that orders be sent to a Participant
market through the auspices of a member of that Participant
(``Sponsoring Member'').\6\ The Exchange has identified Archipelago
Securities LLC (``Arca Securities'') as the Exchange's Sponsoring
Member for orders executed in a destination market. Arca Securities
would be billed by the destination markets for orders entered on the
Exchange by Entering Firms but routed to other markets for execution.
The Exchange would assume responsibility for fees paid by Arca
Securities to Participant markets in its capacity as the Exchange's
Sponsoring Member. The Exchange proposes to bill each Entering Firm the
Linkage Order Fee in order to recover these expenses.
---------------------------------------------------------------------------
\6\ The Participants in the Linkage Plan are the American Stock
Exchange LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the Chicago Stock Exchange, Inc., the Nasdaq
Stock Market LLC, the National Stock Exchange, the New York Stock
Exchange LLC, the NYSE Arca, Inc., and the Philadelphia Stock
Exchange, Inc.
---------------------------------------------------------------------------
Each Entering Firm would be billed the Linkage Order Fee for
equities each month with respect to the number of shares that such firm
has executed pursuant to the Linkage Plan. Such fee would be subject to
the monthly fee cap per Entering Firm of $750,000, but it would not be
subject to the cap of $80 per transaction in the 2006 Exchange Price
List.
The Exchange also would impose a Linkage Order Fee for ETFs of
$0.0030 per share, to be billed monthly. While this is the same as the
Broker/Dealer per share fee currently imposed, the Linkage Order Fee
would apply both to ETFs listed on the Exchange and to those traded on
the Exchange pursuant to unlisted trading privileges (``UTP''). (ETFs
traded pursuant to UTP are currently subject to a transaction fee
moratorium.) In addition, the Linkage Order Fee would apply to System
Orders under 5,100 shares and would not be subject to the cap of $100
per trade for ETFs.
The Exchange is also proposing to make a minor change to the ETF
transaction fee schedule to specify that the fee is $0.0030 per share
rather than $0.30 per round lot, consistent with the form of the
transaction fee schedule for equities.
The Exchange also proposes to amend the 2006 Price List to clarify
that transactions by members acting as specialist for the specialist's
own account are not subject to transaction fees on ETF transactions.\7\
---------------------------------------------------------------------------
\7\ The Exchange's transaction fee schedule was most recently
amended in Securities Exchange Act Release No. 54142 (July 13,
2006), 71 FR 41493 (July 21, 2006) (SR-NYSE-2006-46).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\8\ in general, and
Section 6(b)(4) of the Act,\9\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among the Exchange's members and other persons using its
facilities. The fee is intended to permit the Exchange to recover fees
billed to Arca Securities, as a Sponsoring Member, by other markets for
orders executed pursuant to the Linkage Plan. In addition, with the
exception of the per trade or per month fee caps applicable to non-
Linkage orders, the billing rate is the same for Linkage and non-
Linkage orders.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\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
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed 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, because it involves a member due, fee or other charge.
At any time within sixty (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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-NYSE-2006-79 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-2006-79. 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
[[Page 66822]]
Room. Copies of such filing also will be available for inspection and
copying at the principal office of the NYSE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2006-79 and should be submitted on
or before December 7, 2006.
For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
Nancy M. Morris,
Secretary.
[FR Doc. E6-19380 Filed 11-15-06; 8:45 am]
BILLING CODE 8011-01-P
