51882 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

14 17 CFR 200.30–3(a)(12). 

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). 

5Certain additions and technical corrections were 

made throughout the discussion of the proposed 

rule change pursuant to conversations with NYSE 

staff. Telephone conversations between Cory 

Figman, Senior Special Counsel, Rule and 

Interpretive Standards, NYSE, and Kate Robbins, 

Attorney, Division of Market Regulation, 

Commission, on August 10, 2006. 

6Form U4 is the ‘‘Uniform Application for 

Securities Industry Registration or Transfer’’ and 

Form U5 is the ‘‘Uniform Termination Notice for 

Securities Industry Registration.’’ Form U4 has 

historically been the vehicle for the reporting of 

events that may reveal that a person is subject to 

a statutory disqualification. See Section 3(a)(39) of 

the Act, 15 U.S.C. 78c(a)(39). 

7See Securities Exchange Act Release No. 52544 

(September 30, 2005), 70 FR 58764 (October 7, 

2005) (SR–NASD–2005–030) and NASD Notice to 

Members 05–66. 

8 15 U.S.C. 78f(b)(5). 

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–2006–088 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–NASD–2006–088. The 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 

Section, 100 F Street, NE., Washington, 

DC 20549. Copies of such filing will also 

be available for inspection and copying 

at the principal office of NASD. 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 SR–NASD–

2006–088 and should be submitted on 

or before September 21, 2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.14

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–14493 Filed 8–30–06; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Release No. 34–54359; File No. SR–NYSE–

2006–53] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to the 

Use of the Revised Uniform 

Application for Securities Industry 

Registration or Transfer (Form U4) and 

Revised Uniform Termination Notice 

for Securities Industry Registration 

(Form U5) 

August 24, 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 August 4, 

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 and II below, which Items have 

been prepared by the Exchange. The 

Exchange filed the proposed rule change 

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. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons.5

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange submits to the 

Commission, for use by the Exchange, 

the recently revised Uniform 

Application for Securities Industry 

Registration or Transfer (Form U4) and 

revised Uniform Termination Notice for 

Securities Industry Registration (Form 

U5). 

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 

The purpose of this filing is to adopt, 

for use by the Exchange, recently 

revised Forms U4 and U5 6 (collectively, 

the ‘‘Forms’’). These Forms are identical 

to those filed with the Commission by 

the National Association of Securities 

Dealers (‘‘NASD’’) in 2005.7

The revised Forms, which are to be 

used by the Exchange as part of its 

registration and oversight of persons 

associated with member organizations, 

have been enhanced to provide more 

meaningful and detailed disclosure with 

respect to registration-related functions 

processed through the Central 

Registration Depository (‘‘CRD’’) system. 

The CRD is an industry-wide automated 

system which allows for the efficient 

review and tracking of registered 

persons in the securities industry, such 

as changes in their work and 

disciplinary histories. Further, use of 

the revised Forms allows for integration 

of Form U4 and Form U5 information 

into branch office registration and 

reporting functions processed through 

the CRD system by linking registered 

persons to their designated branch 

office. 

2. Statutory Basis 

The Exchange believes that, insofar as 

Forms U4 and U5 and the CRD system 

are used by the various self-regulatory 

organizations, including the Exchange, 

their use is consistent with Section 

6(b)(5) of the Act 8 in fostering 

cooperation and coordination with 

persons engaged in regulating 

transactions in securities. Additionally, 

the Exchange believes that the 

information reported on the Forms will 

assist the Exchange in its 


erjones on PROD1PC72 with NOTICES
Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51883 

9 15 U.S.C. 78f(c). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). 

12 Id. 

13 17 CFR 240.19b–4(f)(6)(iii). 

14See SR–NASD–2005–030, supra note. 

15For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 

responsibilities under Section 6(c) of the 

Act 9 in evaluating whether an 

individual subject to a statutory 

disqualification or who cannot meet 

such standards of training, experience, 

and competence as are prescribed by the 

rules of the Exchange or those who have 

engaged in acts or practices inconsistent 

with just and equitable principles of 

trade should be denied membership. 

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 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 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 10 and Rule 19b–

4(f)(6) thereunder.11

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to 30 days after 

the date of filing.12 However, Rule 19b–

4(f)(6)(iii) 13 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange provided the Commission 

with written notice of its intent to file 

this proposed rule change at least five 

business days prior to the date of filing 

of the proposed rule change. In 

addition, the Exchange has requested 

that the Commission waive the 30-day 

operative delay to allow the Exchange to 

utilize the U4 and U5 Forms without 

any undue delay. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest because it would allow the 

Exchange to immediately use the 

revised Forms U4 and U5, which are 

currently being used by NASD.14 For 

this reason, the Commission designates 

the proposal to be effective and 

operative upon filing with the 

Commission.15

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such proposed 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–2006–53 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–2006–53. 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 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–2006–53 and should 

be submitted on or before September 21, 

2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.16

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 06–7301 Filed 8–30–06; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 5428] 

Overseas Buildings Operations; 

Industry Advisory Panel: Meeting 

Notice 

The Industry Advisory Panel of the 

Overseas Buildings Operations will 

meet on Thursday, September 14, 2006 

from 9:30 a.m. until 3:30 p.m. Eastern 

Standard Time. The meeting will be 

held at the Department of State, 2201 C 

Street, NW., (entrance on 23rd Street), 

Room 1105—Washington, DC. The 

majority of the meeting is devoted to an 

exchange of ideas between the 

Department’s Bureau of Overseas 

Buildings Operations’ senior 

management and the panel members, on 

design, operations and building 

maintenance. Members of the public are 

asked to kindly refrain from joining the 

discussion until Director Williams 

opens the discussion to the public. 

Please arrive no later than 9 a.m. 

(Security check-in desk opens at 8:30 

a.m.) 

Register by e-mailing: iapr@state.gov. 

Mail to: iapr@state.gov prior to 

September 6 (only one person per 

company may register). Your response 

should include your date of birth and 

social security number, which will be 

used by Diplomatic Security to issue a 

temporary pass to enter the building. If 

you have any questions, please contact 

Michael Sprague on 703/875–7173. 

Charles E. Williams, 

Director & Chief Operating Officer, Overseas 

Buildings Operations, Department of State. 

[FR Doc. 06–7342 Filed 8–30–06; 8:45 am] 

BILLING CODE 4710–24–M 


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