

[Federal Register: April 27, 2006 (Volume 71, Number 81)]
[Notices]               
[Page 24885-24886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap06-87]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53688; File No. SR-Phlx-2006-24]

 
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
and Amendment No. 1 Thereto Relating to Fees Associated With 
Participation in the Web Central Registration Depository

April 20, 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 April 7, 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 prepared by the Phlx. On April 18, 
2006, the Phlx filed Amendment No. 1 to the proposed rule change.\3\ 
The Phlx has designated this proposal as one establishing or changing a 
due, fee, or other charge imposed by the Phlx under 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 amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange made clarifying changes to 
the proposal, including the rule text. The effective date of the 
original proposed rule change is April 7, 2006, and the effective 
date of the amendment is April 18, 2006. For purposes of calculating 
the 60-day period within which the Commission may summarily abrogate 
the proposed rule change, as amended, under Section 19(b)(3)(C) of 
the Act, the Commission considers the period to commence on April 
18, 2006, the date on which the Exchange submitted Amendment No. 1. 
See 15 U.S.C. 78s(b)(3)(C).
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Phlx proposes to: (1) Adopt fees associated with the 
implementation of an electronic registration process through the 
National Association of Securities Dealers, Inc. (``NASD'') Web Central 
Registration Depository (``Web CRD'');\6\ and (2) amend the Exchange's 
fee schedule to reflect various changes to Registered Representative 
Registration fees in connection with the implementation of Web CRD.
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    \6\ The Exchange notified the members regarding the migration to 
Web CRD on February 21, 2006, March 7, 2006, March 27, 2006 and 
April 10, 2006.
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    Specifically, the Exchange proposes to adopt the following NASD 
fees that will be imposed in connection with participation in Web CRD: 
(a) An NASD CRD Processing Fee of $85.00; (b) an NASD Disclosure 
Processing Fee of $95.00; (c) an NASD Annual System Processing Fee of 
$30.00; and (d) fingerprinting fees which vary depending on the 
submission: for a first card submission the fee will be $35.00; for a 
second card submission the fee will be $13.00; for a third card 
submission the fee will be $35.00; and for processing fingerprint 
results where the member had prints processed through a self-regulatory 
organization and not the NASD, the fee will be $13.00. The NASD will 
process the fingerprint cards and will make the results available to 
the Exchange, its members, and member and participant organizations via 
Web CRD.
    The Exchange is also proposing to assess its fees that are 
currently referred to on the Exchange's fee schedule as Registered 
Representative Registration\7\ fees to certain Exchange members 
designated on Form U4, Uniform Application for Securities Industry 
Registration or Transfer, as Member Exchange \8\ and to Off-Floor 
Traders.\9\ Therefore, the initial fee of $55.00, the renewal fee of 
$55.00 annually, the transfer fee of $55.00 and the termination fee of 
$30.00 will be assessed on Registered Representatives, Member Exchange 
and Off-Floor Traders.\10\
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    \7\ Registered Representative categories include registered 
options principals, general securities representatives, general 
securities sales supervisors and United Kingdom limited general 
securities registered representatives but do not include ``off-
floor'' traders, as defined in Phlx Rule 604(e). See also Exchange 
Rule 604(a) and (d).
    \8\ The Member Exchange category refers to Exchange permit 
holders.
    \9\ Every person who is compensated directly or indirectly by a 
member or participant organization for which the Exchange is the 
Designated Examining Authority or any other associated person of 
such member or participant organization, and who executes, makes 
trading decisions with respect to, or otherwise engages in 
proprietary or agency trading of securities, including, but not 
limited to, equities, preferred securities, convertible debt 
securities or options off the floor of the Exchange (``Off-Floor 
Traders''), must successfully complete the Uniform Registered 
Representative Examination Series 7. See Exchange Rule 604.
    \10\ The $55.00 initial registration fee and annual renewal fee 
are charged once per registered individual and are not charged per 
individual registration category. For example, if a person works for 
a member organization and requests to be registered as an ME and a 
Series 7 general securities registered representative, the NASD will 
collect only one Phlx initial registration fee of $55.00. Further, a 
person registered in multiple categories with a single member 
organization will be charged a single Phlx annual $55.00 renewal fee 
and not $55.00 per registration category.
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    In connection with the above-referenced fees, the Exchange is 
proposing to make minor, technical changes to Appendix A of its fee 
schedule for purposes of clarity. The Examinations Fee is being 
relocated on Appendix A of the fee schedule to group this fee with 
similar fees and the categories of Member Exchange and Off-Floor 
Traders are being added to the currently named Registered 
Representative Registration fee.
    The text of the proposed rule change is available on the Phlx's Web 
site (http://www.phlx.com), at the Phlx'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 Phlx 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 Phlx 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 the proposed rule change is to adopt fees associated 
with the implementation of an electronic registration process through 
NASD's Web CRD,\11\ which should, in turn,

[[Page 24886]]

create a more efficient registration process by migrating from a manual 
paper-based Exchange procedure for registration to a web-based 
registration process that is operated by the NASD. The proposed fees 
are similar to those fees charged by other Self-Regulatory 
Organizations that use NASD's Web CRD.\12\
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    \11\ The Commission has approved a proposed rule change filed by 
the Exchange to use the NASD's Web CRD system as the mechanism for 
submitting required Forms U4, Uniform Application for Securities 
Industry Registration or Transfer, and Forms U5, Uniform Termination 
Notice for Securities Industry Registration. The period from April 
10, 2006 to May 11, 2006 has been designated as a phase-in period, 
which will permit manual filing in case there is a problem with 
filing via Web CRD. On May 12, 2006, the use of Web CRD will become 
mandatory. See Securities Exchange Act Release No. 53612 (April 6, 
2006), 71 FR 18798 (April 12, 2006) (SR-Phlx-2006-15).
    \12\ See Securities Exchange Act Release Nos. 51641 (May 2, 
2005), 70 FR 24155 (May 6, 2005) (SR-PCX-2005-49); 48066 (June 19, 
2003), 68 FR 38409 (June 27, 2003) (SR-AMEX-2003-49); and 45112 
(November 28, 2001), 66 FR 63086 (December 4, 2001) (SR-NYSE-2001-
47).
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    The purpose of adopting the Member Exchange and Off-Floor Trader 
fees is to help offset the Exchange's increased costs relating to its 
regulatory oversight and enforcement programs.
    Members and member and participant organizations will be instructed 
to pay the NASD fees associated with Web CRD as well as any Registered 
Representative/Member Exchange/Off-Floor Trader Registration fees 
directly to the NASD through Web CRD. NASD will retain the NASD fees 
and remit the Registered Representative/Member Exchange/Off-Floor 
Trader Registration fees it collects to Phlx.
    Finally, additional modifications are being made to the fee 
schedule to group similar fees together for ease of reference.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of 
fees is consistent with Section 6(b) of the Act\13\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act\14\ in 
particular, in that it is an equitable allocation of reasonable fees 
among Exchange members.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
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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 either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing rule change establishes or changes a due, 
fee, or other charge imposed by the Exchange, it has become effective 
pursuant to Section 19(b)(3)(A)(ii) of the Act\15\ and paragraph (f)(2) 
of Rule 19b-4 thereunder.\16 \
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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    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.\17\
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    \17\ See supra note 3.
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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 rule-comments@sec.gov. Please include 

File Number SR-Phlx-2006-24 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-2006-24. 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 Phlx. 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-2006-24 and should be submitted on or before May 
18, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-6322 Filed 4-26-06; 8:45 am]

BILLING CODE 8010-01-P
