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]

Download as PDF 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. VerDate Aug<31>2005 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 (http://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. VerDate Aug<31>2005 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 (http://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 (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 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 (http://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 (http://
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 (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

[[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