

[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]               
[Page 36155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-77]                         

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54007; File No. SR-PCX-2006-16]

 
Self-Regulatory Organizations; Pacific Exchange, Inc. (n/k/a NYSE 
Arca, Inc.); Order Granting Approval of a Proposed Rule Change as 
Amended by Amendments No. 1, No. 2 and No. 4, to Revise Fees for Equity 
Securities Issued by Operating Companies Listed on the Archipelago 
Exchange

June 16, 2006.
    On March 1, 2006, the Pacific Exchange, Inc. (n/k/a NYSE Arca, 
Inc., ``NYSE Arca'' or ``Exchange''), through its wholly owned 
subsidiary PCX Equities, Inc. (n/k/a NYSE Arca Equities, Inc.), filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
revise its Schedule of Fees and Charges (``Fee Schedule'') to revise 
certain listing fees for equity securities issued by operating 
companies listed on the Archipelago Exchange. On March 17, 2006, the 
Exchange filed Amendment No. 1 to the proposed rule change, and on May 
5, 2006, the Exchange filed Amendment No. 2 to the proposed rule 
change. The proposed rule change, as modified by Amendments No. 1 and 
No. 2, was published for comment in the Federal Register on May 12, 
2006.\3\ On June 16, 2006, the Exchange filed Amendment No. 4 to the 
proposed rule change.\4\ The Commission received no comments on the 
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53764 (May 5, 2006), 
71 FR 27764 (``Notice'').
    \4\ In Amendment No. 4, the Exchange made changes to conform the 
proposed rule text to its description in the filing to and correct 
typographical errors. Amendment No. 4 is a technical amendment and 
is not subject to notice and comment. The Exchange filed Amendment 
No. 3 to the proposed rule change on June 5, 2006 and withdrew it on 
June 16, 2006.
---------------------------------------------------------------------------

    The proposed rule change, described in the Notice, would amend the 
Fee Schedule to revise the application, initial, annual and additional 
shares listing fees for equity securities issued by operating companies 
listed on the Archipelago Exchange, the equities facility of the 
Exchange. The Exchange also proposed related modifications to the Fee 
Schedule.
    The Commission has reviewed carefully the proposed rule change and 
finds that it is consistent with the requirements of the Act and the 
rules and regulations thereunder applicable to a national securities 
exchange.\5\ In particular, the Commission finds that the proposed rule 
change is consistent with section 6(b)(4) of the Act,\6\ which requires 
that an exchange have an equitable allocation of reasonable dues, fees 
and other charges among its members and other persons using its 
facilities. The Commission believes the fees are reasonably tailored to 
enable the Exchange to compete effectively for listings, while 
supporting the costs of issuer services provided by the Exchange.
---------------------------------------------------------------------------

    \5\ In approving this proposed rule change, the Commission notes 
that it has considered the proposed rule's impact on efficiency, 
competition and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\7\ that the proposed rule change as amended be, and hereby is 
approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
 [FR Doc. E6-9933 Filed 6-22-06; 8:45 am]

BILLING CODE 8010-01-P
