2078 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices 

39 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 In Amendment No. 1, the Exchange modified 

the scope of its proposal to exempt appeals of 

decisions of the Nominating, Elections and 

Governance Committee from the proposed fee. 

Amendment No. 1 replaced the original filing in its 

entirety. 

4 15 U.S.C. 78s(b)(3)(A)(ii). 

5 17 CFR 240.19b–4(f)(2). 

6See Exchange By-Law Article X, Section 10–1 

for the list of Standing Committees of the Exchange. 

7Telephone conversation between Leah Mesfin, 

Special Counsel, Division of Market Regulation, 

Commission, and Angela Dunn, Director and 

Counsel, Phlx, on December 21, 2006. 

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 

Numbers SR–NYSE–2006–78 and/or 

SR–NASD–2006–113. The file numbers 

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 

changes that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule changes 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 filings also will be 

available for inspection and copying at 

the principal office of the NYSE and 

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 File 

Numbers SR–NYSE–2006–78 and/or 

SR–NASD–2006–113 and should be 

submitted on or before March 5, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.39

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–548 Filed 1–16–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55071; File No. SR–Phlx–

2006–84] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change and Amendment No. 1 Thereto 

To Adopt an Appeal Fee 

January 9, 2007. 

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 December 

8, 2006, the Philadelphia Stock 

Exchange, Inc. (‘‘Phlx’’ 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 substantially prepared by the 

Exchange. On December 20, 2006, the 

Exchange filed Amendment No. 1 to the 

proposed rule change.3 The Exchange 

has designated this proposal as one 

establishing or changing a due, fee, or 

other charge imposed by a selfregulatory organization pursuant to 

Section 19(b)(3)(A)(ii) of the Act 4 and 

Rule 19b–4(f)(2) thereunder,5 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change, as modified by Amendment No. 

1, from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to adopt a 

$250.00 appeal fee for Appeals to the 

Board of Governors from decisions of 

Standing Committees 6 (‘‘Appeal Fee’’). 

An appeal from a decision of the 

Business Conduct Committee, the 

Hearing Officer, or a Hearing Panel, 

pursuant to Exchange Rule 960.9 and 

By-Law Article XI, Section 11–3, as well 

as an appeal from a decision of the 

Nominating, Elections and Governance 

Committee, pursuant to By-Law Article 

XI, Section 11–1, will not be subject to 

the Appeal Fee.7 The Appeal Fee, which 

will be paid by appellant at the time of 

filing an appeal, will be refunded to the 

appellant in the event the Board of 

Governors overturns the decision of the 

Standing Committee. 

This fee became effective January 1, 

2007. The text of the proposed rule 

change is available at the Commission’s 

Public Reference Room, the Exchange’s 

Web site at http://www.phlx.com/ 

exchange/rulefilings/2006/SR–2006–

84.pdf, and at the Exchange. 

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 Exchange represents that the 

purpose of the proposed rule change is 

to reduce the number of frivolous 

appeals by assessing a fee for all appeals 

that are upheld. Currently, three 

Governors hear appeals from decisions 

of Standing Committees, with the 

exception of an appeal from the 

Nominating, Elections and Governance 

Committee, which is heard by a majority 

of Governors who are not then 

candidates for office. The appeal may 

require several hours of time from each 

Governor. The Exchange believes that 

the appeal process is subject to abuse by 

members, participants, member 

organizations and participant 

organizations who incur no downside to 

filing repeated appeals, whether valid or 

otherwise. The Exchange believes that, 

currently, the ease with which an 

appeal can be filed and receive a 

‘‘second look’’ at no cost creates a 

potential for abuse. This fee will become 

effective January 1, 2007. 

An appeal from a decision of the 

Business Conduct Committee, the 

Hearing Officer or a Hearing Panel, 

mstockstill on PROD1PC61 with NOTICES

Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices 2079 

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

9 15 U.S.C. 78(f)(b)(5). 

10 15 U.S.C. 78f(b)(4). 

11 15 U.S.C. 78s(b)(3)(A)(ii). 

12 17 CFR 240.19b–4(f)(2). 

13For purposes of calculating the 60-day period 

within which the Commission may summarily 

abrogate the proposed rule change the Commission 

considers the period to commence on December 20, 

2006, the date on which the Exchange filed 

Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C). 14 17 CFR 200.30–3(a)(12). 

pursuant to Exchange Rule 960.9 and 

By-Law Article XI, Section 11–3, and an 

appeal from a decision of the 

Nominating, Elections and Governance 

Committee, pursuant to By-Law Article 

XI, Section 11–1, will not be subject to 

the Appeal Fee. The Appeal Fee, which 

will be paid by appellant at the time of 

filing an appeal, will be refunded to the 

appellant in the event the Board of 

Governors overturns the decision of the 

Standing Committee. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 8 in general, and furthers the 

objectives of Section 6(b)(5) 9 in 

particular in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principals of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

the impediments to and perfect the 

mechanism of a free and open market 

and a national market system. Finally, 

the proposed rule change furthers the 

objectives of Section 6(b)(4) of the Act 10

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Phlx 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 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 11 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder 12 because it establishes or 

changes a due, fee, or other charge. 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.13

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change, as amended, 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–Phlx–2006–84 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–Phlx–2006–84. 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–Phlx–2006–84 and should 

be submitted on or before February 7, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–479 Filed 1–16–07; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

March 19, 2007. 

ADDRESSES: Send all comments 

regarding whether these information 

collections are necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collections, to 

Cynthia Pitts, Administrative Officer, 

Office of Disaster Assistance, Small 

Business Administration, 409 3rd Street 

SW., 6th Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Pitts, Administrative Officer, 

Office of Disaster Assistance 202–205–

7570, cynthia.pitts#@sba.gov. Curtis B. 

Rich, Management Analyst, 202–205–

7030, curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: 

Title: ‘‘Disaster Business Loan 

Application’’

Description of Respondents: 

Personnel that assist in the processing of 

loan applications and disbursement of 

loan funds to victims of Hurricanes 

Katrina, Rita and Wilma. 

Form No: 5,1368. 

Annual Responses: 12,742. 

Annual Burden: 29,754. 

Title: ‘‘Alternative Creditworthiness 

Assessment’’

Description of Respondents: 

Personnel that assist in the processing of 

loan applications and disbursement of 

loan funds to victims of Hurricanes 

Katrina, Rita and Wilma. 

Form No.: 2294. 

Annual Responses: 1,849. 

Annual Burden: 8. 

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