

[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Notices]               
[Page 77846-77847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-119]                         


[[Page 77846]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54955; File No. SR-NYSE-2006-89]

 
Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Require Member Organizations To Use Their Own Mnemonics When 
Entering Orders

December 18, 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 December 1, 2006, the New York Stock Exchange LLC (``NYSE'' 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 principally by the NYSE. 
The Exchange filed this proposal as a ``non-controversial'' proposed 
rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders the proposal effective upon 
filing with the Commission.\5\ The Commission is publishing this notice 
to solicit comments on the proposed rule change from interested 
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The Exchange requested that the Commission waive the five-
day pre-filing notice requirement specified in Rule 19b(f)(6)(iii), 
17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to add Rule 131A (A Member Organization Shall 
Use Its Own Mnemonic When Entering Orders) to require that member 
organizations obtain and use mnemonics in their own name to accurately 
identify the member organization submitting orders. The text of the 
proposed rule change is available on the Exchange's Web site (http://www.nyse.com
), at the Exchange'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 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 provides its member organizations with unique 
identifiers referred to as mnemonics. The Exchange, at its discretion, 
may assign multiple mnemonics to a member organization. Member 
organizations often use different mnemonics as an internal order 
management tool or for other administrative purposes. Member 
organizations are required to input one of their mnemonics in the 
``entering firm'' field when submitting an order to the NYSE.
    The Exchange proposes to add Rule 131A to require that member 
organizations use mnemonics that accurately identify the member 
organization entering an order at the Exchange. The purpose for this 
change is three-fold. First, the Exchange's ability to accurately 
identify the member organization entering an order is necessary to 
properly attribute trade volume to the correct member organization for 
direct billing purposes. Second, the proposed rule change will 
strengthen the Exchange's ability to meet its obligations as a self-
regulatory organization by providing additional and readily accessible 
information regarding the entering member organization. Third, the 
proposed rule change will clarify the use of mnemonics by member 
organizations.
    With respect to the need to clarify the use of mnemonics; 
currently, clearing member organizations at times request mnemonics 
from the NYSE on behalf of member organizations for which they clear. 
Some of these requests are made in the name of the clearing member 
organization instead of the entering member organization. As a result, 
member organizations may use mnemonics that the NYSE recognizes as that 
of the clearing member organization instead of the member organization 
submitting the order.
    Additionally, some member organizations that handle the execution 
of orders for another member organization on the Floor of the Exchange 
do not use the mnemonic of the member organization on whose behalf they 
are handling the order. The result is that the member organization 
where the order originated is not identified as the entering firm. 
Additionally, some member organizations fail to use their own mnemonic 
to identify themselves as the entering firm when handling an order for 
a non-member.
    The proposed rule will create a uniform standard of use pertaining 
to mnemonics. It will also accomplish the stated business and 
regulatory goals of the Exchange and provide a basis for disciplinary 
action in instances where deviation from that standard is found.
    The Exchange does not anticipate that there will be any significant 
system or program changes required of its member organizations in order 
to comply with the Rule. Pursuant to the Rule, member organizations 
will be required to use mnemonics issued in their own name. Any member 
organization that currently uses mnemonics in the name of its clearing 
member organization must obtain new mnemonics in its own name or change 
the name of the entering member organization on its existing mnemonics 
so that the existing mnemonic will thereafter accurately identify the 
name of the member organization. The Exchange retains the 
responsibility of issuing new mnemonics or changing the name of the 
entering member organization on its existing mnemonics. Clearing member 
organizations may continue to request mnemonics on behalf of a member 
organization that enters orders on the Exchange, but such mnemonics 
must be in the entering member organization's name.
    Proposed Rule 131A requires member organizations submitting orders 
to the Exchange to enter a mnemonic issued in their own name in the 
order's ``entering firm'' field. For example, in the case of a Floor-
based execution where a Floor broker for member organization (A) 
requests that an independent Floor broker handle the order for 
execution, the independent Floor broker must use the mnemonic of member 
organization (A) as the entering firm. Similarly, if member 
organization (B) uses its order entry systems to submit the order of 
member organization (C) to the Exchange, member organization (B) must 
use its own mnemonic to identify itself as the entering firm. The 
proposed rule does not change the way in which member organizations 
currently conduct their business. Moreover, the Exchange does not 
believe that the Rule hinders its member organization's ability to 
compete. The proposed rule merely changes the way in which the Exchange

[[Page 77847]]

attributes trade volume for direct billing purposes.
2. Statutory Basis
    The Exchange states that the basis under the Act for this proposed 
rule change is the requirement under Section 6(b)(5) \6\ that an 
exchange have rules that are designed to promote just and equitable 
principles of trade, to serve 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. The Exchange 
states that the proposed rule will provide more accurate order 
identification.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange states that the proposed rule change does not 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 states that no written comments were solicited or 
received with respect to the proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not 
significantly affect the protection of investors or the public 
interest; (2) does not impose any significant burden on competition; 
and (3) by its terms does not become operative for 30 days after the 
date of this filing, or such shorter time as the Commission may 
designate if consistent with the protection of investors and the public 
interest, the proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange requests that the Commission waive the provision in 
Rule 19b-4(e)(6)(iii) \9\ requiring written notice of the NYSE's intent 
to file the proposed rule change at least five days prior to the filing 
date. The Commission grants the Exchange's request to waive the pre-
filing requirement because a similar version this proposal was filed 
previously with the Commission.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(e)(6)(iii).
---------------------------------------------------------------------------

    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.

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 rule-comments@sec.gov. Please include 

File No. SR-NYSE-2006-89 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 No. SR-NYSE-2006-89. 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 will also 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 No. SR-NYSE-2006-89 and should be submitted on or before January 
17, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-22090 Filed 12-26-06; 8:45 am]

BILLING CODE 8011-01-P
