Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9989 

32See proposed NYSE Rule 411(a)(iv)(1). 

33See proposed NYSE Rule 411(a)(iv)(2). 

34See proposed NYSE Rule 411(a)(iv)(3). 

35See proposed NYSE Rule 411(a)(iv)(4). 

36See proposed NYSE Rule 411(a)(iv)(5). 

37 15 U.S.C. 78f(b)(5). 38 17 CFR 200.30–3(a)(12). 

customers based on a transaction that 

was made outside of the customer’s 

instructions, as discussed above, must 

be rescinded, leaving the customer’s 

order unexecuted. 

The proposed rule change would 

allow the erroneous report based on a 

transaction that was made in error as to 

security, side or price to stand, provided 

the price and size of the erroneous 

report were within the range of prices 

and sizes in the specified security 

reported to the NYSE portion of the 

Consolidated Tape on the day in which 

the order was executed.32 The Floor 

broker would be required to report the 

error to the customer, including 

explaining to the customer whether the 

error was favorable or unfavorable to the 

customer.33 The Floor broker would 

also be required to document on a tradeby-trade basis, the name of the 

individual authorized to accept the 

erroneous report for the customer, the 

amount of the error and whether the 

error was favorable to the customer.34

The Floor broker would then treat the 

erroneous report as though it was an 

erroneous trade and his or her error 

account would become the opposite 

side to the report.35 In addition, the 

Floor broker would assume any loss 

incurred and any profit that resulted 

would be paid to the New York Stock 

Exchange Foundation 36 as currently 

required by NYSE Rule 411(a)(ii)(5). 

Thus, any disadvantage would be borne 

by the Floor broker who was responsible 

for committing the error, not the 

customer. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6(b)(5) of the 

Act 37 because it is designed to promote 

just and equitable principles of trade, 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. 

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 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change; or 

B. Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–2006–28 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2006–28. 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 Exchange. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NYSE–2006–28 and should 

be submitted on or before March 27, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.38

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E7–3795 Filed 3–5–07; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

National Small Business Development 

Center Advisory Board; Public Meeting 

The U.S. Small Business 

Administration, National Small 

Business Development Center Advisory 

Board will be hosting a public meeting 

via conference call to discuss such 

matters that may be presented by 

members, staff of the U.S. Small 

Business Administration, or interested 

others. The conference call will be held 

on Tuesday, March 20, 2007 at 1 p.m. 

Eastern Standard Time. 

The purpose of the meeting is to 

discuss the internal Board issues; the 

March 5th agency meeting with senior 

program management; the Association 

of Small Business Development Center 

(ASBC) Board March meeting; and 

congressional visits conducted by board 

members. 

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. 

Matthew Teague, 

Committee Management Officer. 

[FR Doc. E7–3812 Filed 3–5–07; 8:45 am] 

BILLING CODE 8025–01–P 


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