

[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]               
[Page 65869-65870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-152]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54694; File No. SR-NYSE-2006-93]

 
Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change Relating to Amendments to NYSE 
Rule 607 Concerning the Use of the Random Selection Method To Appoint 
Arbitrators in Matters Not Involving Customers

November 2, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 24, 2006, the New York Stock Exchange LLC (``NYSE'' or 
the ``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 NYSE. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NYSE is proposing to amend Rule 607(c) to provide that in all 
arbitration matters not involving customers, claimants may use the 
``Random List Selection'' method for arbitrator appointment. Below is 
the text of the proposed rule change. Proposed new language is in 
italics; proposed deletions are in brackets.
* * * * *

Rule 607. Appointment of Arbitrators

(c) Party Requests for [Agreement on Arbitrator Selection] Random List 
Selection
If the customer [or non-member] requests in writing within 45 days from 
the time the statement of claim is filed, [or, if all parties agree and 
so notify the Exchange within that time frame,] arbitrators will be 
selected according to Random List Selection, as described below. In all 
arbitration matters not involving customers, if the claimant requests 
in writing within 45 days from the time the statement of claim is 
filed, arbitrators will be selected according to Random List Selection, 
as described below. The Exchange will accommodate any reasonable 
alternative way to select arbitrators, provided the parties agree.
* * * * *

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 NYSE included statements 
concerning the purpose of and basis for the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The NYSE 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
    Under the Random List Selection methodology, the Director of 
Arbitration sends parties a randomly generated list of five public 
arbitrators for claims heard by a single arbitrator. If the claim is 
heard by three arbitrators, the Director of Arbitration provides 
parties a randomly generated list of 10 public arbitrators and another 
list of five securities industry arbitrators. Each party is then 
allocated strikes against these arbitrators.\3\ Currently, customers or 
non-members may request in writing a Random List Selection within 45 
days after they file a statement of claim. The parties also may agree 
to this methodology provided that they notify the NYSE within this 
timeframe.\4\ If parties do not request a Random List Selection, the 
Director of Arbitration will select the arbitrator(s) and name a 
chairman of each panel.\5\ NYSE Rule 607(c) also permits the NYSE to 
accommodate reasonable alternatives to select arbitrators, provided 
that all parties agree on the methodology.
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    \3\ NYSE Rule 607(c)(2)(i).
    \4\ NYSE Rule 607(c).
    \5\ NYSE Rule 607(b).
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    Under the proposed amendments to NYSE Rule 607(c), the Random List 
Selection methodology could be used in all arbitration matters not 
involving customers if the claimant requests that methodology in 
writing within 45 days after filing its statement of claim. The 
proposed amendments would not change the ability of a customer to 
request the Random Selection Method. The purpose of these amendments is 
to allow non-member or member claimants to use the Random List 
Selection method and to ensure that their choice of methodology for 
arbitrator appointment would prevail.

[[Page 65870]]

2. Statutory Basis
    The NYSE believes that the proposed rule change is consistent with 
Section 6(b)(5) \6\ of the Act requiring exchanges to have rules 
designed to promote just and equitable principles of trade, and to 
protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The NYSE 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 the 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 e-mail to rule-comments@sec.gov. Please include File 

Number SR-NYSE-2006-93 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-2006-93. 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-2006-93 and should be submitted on or before 
November 30, 2006.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
Nancy M. Morris,
Secretary.
[FR Doc. E6-18945 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P
