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Code · REGISTER · 2006-11-13 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Amendment 1

3,624 words·~16 min read·/register/2006/11/13/06-9180

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BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54690; File No. SR-NYSEArca-2006-79] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Extending the Time Period by Which the Exchange Will Amend the NASD-NYSE Arca Options Agreement Pursuant to Rule 17d-2 November 2, 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 25, 2006, NYSE Arca, Inc.
(“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. 5 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). 5 The Exchange has asked the Commission to waive the 5-day pre-filing notice requirement and the 30-day operative delay. *See* 15 U.S.C. 78s(b)(3)(A), 17 CFR 240.19b-4(f)(6)(iii).
I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to amend its undertaking 6 to extend for 90 days from the date of this filing the time period by which the Exchange will enter into an agreement with the National Association of Securities Dealers, Inc. (“NASD”) pursuant to Rule 17d-2 under the Act 7 (the “NASD / NYSE Arca Options Agreement” or “Agreement”). The Agreement would expand the allocation to NASD of regulatory responsibility to encompass all the regulatory oversight and enforcement responsibilities with respect to the options activities of Archipelago Securities, L.L.C.
(“Archipelago Securities”), 8 except for “real-time market surveillance.” 6 *See* Securities Exchange Act Release No. 54238 (July 28, 2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13) (OX Approval Order). 7 17 CFR 240.17d-2. 8 Archipelago Securities, a wholly-owned subsidiary of Archipelago Holdings, Inc. and a registered broker-dealer, acts as the outbound order router for the NYSE Arca Marketplace (formerly known as the Archipelago Exchange) and, as such, is regulated as an exchange “facility” of NYSE Arca and NYSE Arca Equities, Inc. *See* 15 U.S.C. 78c(a)(2).
As such, any proposed rule change relating to Archipelago Securities' order-routing function must be filed with the Commission, and must operate in a manner that is consistent with the provisions of the Act applicable to exchanges and with NYSE Arca rules. 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 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 In connection with the Commission's approval of the Exchange's new electronic options trading platform, OX, Archipelago Securities became a routing broker for OX options orders on the Exchange. 9 In Amendment No. 3 to its filing seeking approval of the OX platform, 10 the Exchange proposed to clarify that NASD, a self-regulatory organization unaffiliated with the Exchange or any of its affiliates, would continue to carry out oversight and enforcement responsibilities as the Designated Examining Authority designated by the Commission pursuant to Rule 17d-1 under the Act 11 with the responsibility for examining Archipelago Securities for compliance with the applicable financial responsibility rules.
Furthermore, the Exchange represented that it would enter into the NASD/NYSE Arca Options Agreement pursuant to Rule 17d-2 under the Act, 12 to expand the allocation to NASD of regulatory responsibility to encompass all the regulatory oversight and enforcement responsibilities with respect to the options activities of Archipelago Securities, except for “real-time market surveillance.” 13 The Exchange agreed to submit the NASD / NYSE Arca Options Agreement to the Commission under Rule 17d-2 within 90 days of the date of the Commission's approval of the OX trading platform. 14 The 90 day period elapsed on October 26, 2006. 9 *See* OX Approval Order, *supra* note 6.
Pursuant to NYSE Arca Rule 6.1A(a)(15), which was adopted in connection with the establishment of the new OX trading platform, the term “OX Routing Broker” refers to the broker-dealer affiliate of the Exchange that acts as agent for routing orders entered into OX of OTP Holders, OTP Firms and OTP Firms' Sponsored Participants to other Market Centers for execution whenever such routing is permitted by Exchange Rules. Archipelago Securities is the Exchange's only OX Routing Broker. 10 *See* OX Approval Order, *supra* note 6. 11 17 CFR 240.17d-1. 12 17 CFR 240.17d-2. 13 *See* OX Approval Order, *supra* note 6. 14 *Id.* On October 20, 2006, the Exchange submitted to the Commission a draft NASD/NYSE Arca Options Agreement, but has not yet received Commission approval.
The Exchange believes that an extension of time for an additional 90 days from the date of this filing to enter into the NASD/NYSE Arca Options Agreement will give the Commission staff sufficient time to publish and take action on the proposal. The Exchange believes that the requested extension of time is consistent with the Act and the rules and regulations thereunder, will not significantly affect the protection of investors or the public interest, and does not impose any significant burden on competition.
The Exchange notes that NASD already carries out oversight and enforcement responsibilities as the Designated Examining Authority designated by the Commission pursuant to Rule 17d-1 under the Act 15 with the responsibility for examining Archipelago Securities for compliance with the applicable financial responsibility rules. 15 17 CFR 240.17d-1. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 16 in general, and furthers the objectives of Section 6(b)(5) of the Act, 17 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and, in general, to protect investors and the public interest. 16 15 U.S.C. 78f(b). 17 15 U.S.C. 78f(b)(5).
B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others 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 Because the foregoing rule:
(i)Does not significantly affect the protection of investors or the public interest;
(ii)does not impose any significant burden on competition; and
(iii)by its terms, does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, 18 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 19 and Rule 19b-4(f)(6) thereunder. 20 18 Pursuant to Rule 19b-4(f)(6)(iii) under the Act, the Exchange is required to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has requested that the Commission waive the 5-day pre-filing notice requirement. The Commission has determined to waive this requirement for this filing. 19 15 U.S.C. 78s(b)(3)(A). 20 17 CFR 240.19b-4(f)(6). The Exchange has requested that the Commission waive the 30-day operative delay, which would make the rule change effective and operative upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Such waiver will allow the Exchange to comply with its undertaking made in connection with the OX Approval Order to submit the NASD/NYSE Arca Options Agreement to the Commission. The Exchange requests a waiver of the 30-day period on the basis that the current deadline for entering into the NASD/NYSE Arca Options Agreement was October 26, 2006, and a delay of 30 days would place the Exchange out of compliance with its undertaking. Extending the compliance date for the Exchange's undertaking by an additional 90 days will provide time for the Exchange to finalize and file the Agreement. For these reasons, the Commission designates the proposal to be effective and operative upon filing with the Commission. 21 21 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 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. 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 NYSEArca-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 NYSEArca-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 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 NYSEArca-2006-79 and should be submitted on or before December 4, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 22 22 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-19063 Filed 11-9-06; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10640 and #10641] Indiana Disaster Number IN-00008 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Indiana (FEMA-1662-DR), dated 10/10/2006. *Incident:* Severe Storms and Flooding. *Incident Period:* 09/12/2006 through 09/14/2006. EFFECTIVE DATE: 11/01/2006. *Physical Loan Application Deadline Date:* 12/05/2006. *EIDL Loan Application Deadline Date:* 07/06/2007. 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. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Indiana, dated 10/10/2006 is hereby amended to include the following areas as adversely affected by the disaster: Primary Counties: Warrick. Contiguous Counties: Indiana: Dubois, Pike, Spencer. Kentucky: Daviess. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). Roger B. Garland, Acting Associate Administrator for Disaster Assistance. [FR Doc. E6-19053 Filed 11-9-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10701 and # 10702] Louisiana Disaster # LA-00007 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Louisiana (FEMA-1668-DR), dated 11/02/2006. *Incident:* Severe Storms and Flooding. *Incident Period:* 10/16/2006 and continuing. *Effective Date:* 11/02/2006. *Physical Loan Application Deadline Date:* 01/02/2007. *Economic Injury
(EIDL)Loan Application Deadline Date:* 08/02/2007. 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. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 11/02/2006, 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: *Primary Parishes (Physical Damage and Economic Injury Loans):* Caldwell, Franklin, Grant, La Salle, Madison, Morehouse, Natchitoches, Richland, Sabine, Vernon, Winn. *Contiguous Parishes / Counties (Economic Injury Loans Only):* *Louisiana:* Allen, Avoyelles, Beauregard, Bienville, Catahoula, De Soto, East Carroll, Jackson, Ouachita, Rapides, Red River, Tensas Union, West Carroll. *Arkansas:* Ashley, Chicot, Union. *Mississippi:* Warren. *Texas:* Newton, Sabine, Shelby. The Interest Rates are: Percent For Physical Damage: Homeowners With Credit Available Elsewhere 6.250 Homeowners Without Credit Available Elsewhere 3.125 Businesses With Credit Available Elsewhere 7.934 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.000 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10701 6 and for economic injury is 10702 0. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E6-19055 Filed 11-9-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Public Meeting The U.S. Small Business Administration, National Small Business Development Centers Advisory Board will be conducting a conference call to discuss such matters that may be presented by members, and the staff of the U.S. Small Business Administration. The conference call will be held on Tuesday, November 21, 2006 at 1 p.m. eastern standard time. The purpose of the meeting is to discuss internal board matters such as the status of proposed new Board members, administrative issues, the marketing of the SBDC Program, and to follow up with the “Dialogue with the State Directors” meeting held at the ASBDC Conference in September. Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone
(202)205-7045 or fax
(202)481-0681. Thomas M. Dryer, Acting Committee Management Officer. [FR Doc. E6-19062 Filed 11-9-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Investment Companies; Increase in Maximum Leverage Ceiling 13 CFR 107.1150(a) sets forth the maximum amount of Leverage (as defined in 13 CFR 107.50) that a Small Business Investment Company may have outstanding at any time. The maximum Leverage amounts are adjusted annually based on the increase in the Consumer Price Index published by the Bureau of Labor Statistics. The cited regulation states that SBA will publish the indexed maximum Leverage amounts each year in a Notice in the **Federal Register** . Accordingly, effective the date of publication of this notice, and until further notice, the maximum Leverage amounts under 13 CFR 107.1150(a) are as stated in the following table: If your leverageable capital is: Then your maximum leverage is:
(1)Not over $21,200,000 300 percent of Leverageable Capital.
(2)Over $21,200,000 but not over $42,400,000 $63,600,000 + [2 × (Leverageable Capital−$21,200,000)].
(3)Over $42,400,000 but not over $63,600,000 $106,000,000 + (Leverageable Capital−$42,400,000).
(4)Over $63,600,000 $127,200,000. (Catalog of Federal Domestic Assistance Program No. 59.011, small business investment companies) Dated: November 6, 2006. Jaime Guzmán-Fournier, Associate Administrator for Investment. [FR Doc. E6-19058 Filed 11-9-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of denial to waive the Nonmanufacturer Rule for Personal Computers. SUMMARY: The U.S. Small Business Administration
(SBA)is denying a request for a waiver of the Nonmanufacturer Rule for Personal Computers based on our discovery of small business manufacturers for this class of product. Denying this waiver will require recipients of contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts. DATE: This notice of denial is effective November 28, 2006. FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by telephone at
(202)619-0422; by fax at
(202)481-1788; or by e-mail at *edith.butler@sba.gov.* SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal Government within the last 24 months. The SBA defines “class of products” based on a six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA received a request on September 21, 2006, to waive the Nonmanufacturer Rule for Personal Computers. In response, on October 12, 2006, SBA published in the **Federal Register** a notice of intent to waive the Nonmanufacturer Rule for Personal Computers. SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of product. In response to that October 12, 2006 notice, SBA received comments from small business manufacturers indicating that they have furnished this product to the Federal Government. Accordingly, based on the available information, SBA has determined that there are small business manufacturers of this class of product, and, is therefore denying the class waiver of the Nonmanufacturer Rule for Personal Computers, NAICS code 334111. Dated: November 6, 2006. Arthur E. Collins, Acting Associate Administrator for Government Contracting. [FR Doc. E6-19056 Filed 11-9-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Opportunity for Public Comment on Surplus Property Release at Bruce Campbell Field, Madison, MS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of intent to rule on land release request. SUMMARY: Under the provisions of Title 49, U.S.C. 47153(c), notice is being given that the FAA is considering a request from the City of Madison, MS to waive the requirement that a 8.765-acre parcel of surplus property, located at the Bruce Campbell Field, be used for aeronautical purposes. DATES: Comments must be received on or before December 13, 2006. ADDRESSES: Comments on this notice may be mailed or delivered in triplicate to the FAA at the following address: Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208-2307. In addition, one copy of any comments submitted the FAA must be mailed or delivered to Mr. Denson Robinson, Director of Public Works, City of Madison, MS at the following address: City of Madison, 525 Post Oak Road, Madison, MS 39110. FOR FURTHER INFORMATION CONTACT: Jeffrey D. Orr, Program Manager, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208-2307,
(601)664-9885. The land release request may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the City of Madison, MS to release 8.765 acres of surplus property at the Bruce Campbell Field. The property will be purchased by City of Madison for R.O.W. for roadway improvements. The property is currently undeveloped. The net proceeds from the sale of this property will be used for airport purposes. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT . In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the City of Madison. Issued in Jackson, Mississippi, on October 31, 2006. Rans D. Black, Manager, Jackson Airports District Office, Southern Region. [FR Doc. 06-9180 Filed 11-9-06; 8:45 am]
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