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Federal Register / Vol. 71, No.

130 / Friday, July 7, 2006 / Notices 38679

displays a currently valid control By the Commission. the proposed rule change and discussed
number. Nancy M. Morris, any comments it received on the
General comments regarding the Secretary. proposed rule change. The text of these
above information should be directed to [FR Doc. 06–6082 Filed 7–5–06; 11:28 am] statements may be examined at the
the following persons: (i) Desk Officer BILLING CODE 8010–01–P
places specified in Item IV below. The
for the Securities and Exchange Exchange has prepared summaries, set
Commission, Office of Information and forth in sections A, B, and C below, of
SECURITIES AND EXCHANGE the most significant aspects of such
Regulatory Affairs, Office of
COMMISSION statements.
Management and Budget, Room 10102,
New Executive Office Building, [Release No. 34–54052; File No. SR– A. Self-Regulatory Organization’s
Washington, DC 20503, or e-mail to: NYSEArca–2006–29] Statement of the Purpose of, and
David_Rostker@omb.eop.gov; and (ii) R. Statutory Basis for, the Proposed Rule
Corey Booth, Director/Chief Information Self-Regulatory Organizations; NYSE Change
Officer, Securities and Exchange Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed 1. Purpose
Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, Rule Change To Extend the One Week The purpose of the proposed rule
Virginia 22312, or send an e-mail to: Option Series Pilot Program change is to extend the Pilot Program for
PRA_Mailbox@sec.gov. Comments must an additional year, through July 12,
June 27, 2006. 2007.5 The Pilot Program allows NYSE
be submitted to OMB within 30 days of
Pursuant to Section 19(b)(1) of the Arca to list and trade One Week Option
this notice.
Securities Exchange Act of 1934 Series, which expire one week after the
Dated: June 29, 2006. (‘‘Act’’) 1 and Rule 19b 4 thereunder,2 date on which a series is opened. Under
J. Lynn Taylor, notice is hereby given that on June 16, the Pilot Program, NYSE Arca may
Assistant Secretary. 2006, NYSE Arca, Inc. (‘‘Exchange’’ or select up to five approved option classes
[FR Doc. E6–10638 Filed 7–6–06; 8:45 am] ‘‘NYSE Arca’’) filed with the Securities on which One Week Option Series
and Exchange Commission could be opened.6 A series could be
BILLING CODE 8010–01–P
(‘‘Commission’’) the proposed rule opened on any Friday that is a business
change as described in Items I and II day and would expire on the next
below, which Items have been Friday that is a business day.7 If a
SECURITIES AND EXCHANGE
substantially prepared by the Exchange. Friday were not a business day, the
COMMISSION
NYSE Arca has designated this proposal series could be opened (or would
as non-controversial under Section expire) on the first business day
[File No. 500–1] 19(b)(3)(A)(iii) of the Act 3 and Rule immediately prior to that Friday.
19b–4(f)(6) thereunder,4 which renders For each class selected for the Pilot
In the Matter of AdZone Research, Inc.; the proposed rule change effective upon Program, the Exchange usually would
Order of Suspension of Trading filing with the Commission. The open five One Week Option Series in
July 5, 2006. Commission is publishing this notice to that class for each expiration date. The
solicit comments on the proposed rule strike price of each One Week Option
It appears to the Securities and change from interested persons. Series would be fixed at a price per
Exchange Commission that there is a share, with at least two strike prices
lack of current and accurate information I. Self-Regulatory Organization’s
above and two strike prices below the
concerning the securities of AdZone Statement of the Terms of Substance of
value of the underlying security or
Research, Inc. (‘‘AdZone’’), a Delaware the Proposed Rule Change calculated index value at about the time
corporation headquartered in Calverton, The Exchange proposes to amend that the One Week Option Series is
New York. Questions have arisen NYSE Arca Rule 5.19(a)(3), ‘‘Terms of opened. NYSE Arca will not open a One
regarding the accuracy of assertions by Index Option Contracts,’’ and
AdZone, and by others, in press releases Commentary .07 to NYSE Arca Rule 6.4, 5 The Commission approved the Pilot Program on

and Internet postings to investors ‘‘Series of Options Open for Trading,’’ to July 12, 2005. See Securities Exchange Act Release
concerning, among other things: (1) The No. 52013 (July 12, 2005), 70 FR 41471 (July 19,
extend until July 12, 2007, its pilot 2005) (SR–PCX–2005–32). Under NYSE Arca Rules
company’s contracts with two non- program for listing and trading One 5.19 and 6.4, the Pilot Program is scheduled to
profit organizations, (2) the nature and Week Option Series (‘‘Pilot Program’’). expire on July 12, 2006.
extent of the orders that the company The text of the proposed rule change is 6 A One Week Option Series could be opened in

has received for the sale of licenses of any option class that satisfied the applicable listing
available on the Exchange’s Web site criteria under NYSE Arca rules (i.e., stock options,
its software products, and (3) the (http://www.nysearca.com), at the options on Exchange Traded Fund Shares as
company’s recent contributions to its Exchange’s principal office, and at the defined under NYSE Arca Rule 5.3, or options on
employee Incentive Stock Plan. Commission’s Public Reference Room. indexes). The Exchange could also list and trade
One Week Option Series on any option class that
The Commission is of the opinion that II. Self-Regulatory Organization’s is selected by another exchange that employs a
the public interest and the protection of Statement of the Purpose of, and similar pilot program.
7 One Week Option Series would be settled in the
investors require a suspension of trading Statutory Basis for, the Proposed Rule same manner as the monthly expiration series in
in the securities of the above-listed Change the same class. Thus, if the monthly option contract
company. for a particular class were A.M.-settled, as most
In its filing with the Commission, the index options are, the One Week Option Series for
Therefore, it is ordered, pursuant to
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Exchange included statements that class also would be A.M.-settled; if the monthly
section 12(k) of the Securities Exchange concerning the purpose of, and basis for, option contract for a particular class were P.M.-
Act of 1934, that trading in the above- settled, as most non-index options are, the One
listed company is suspended for the 1 15
Week Option Series for that class also would be
U.S.C. 78s(b)(1). P.M.-settled. Similarly, One Week Option Series for
period from 9:30 a.m. EDT, July 5, 2006, 2 17 CFR 240.19b–4. a particular class are physically settled or cash-
through 11:59 p.m. EDT, on July 18, 3 15 U.S.C. 78s(b)(3)(A)(iii).
settled in the same manner as the monthly option
2006. 4 17 CFR 240.19b–4(f)(6). contract in that class.

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38680 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices

Week Option Series in the same week proposed rule change is consistent with Exchange has asked the Commission to
that the corresponding monthly option Section 6(b) of the Act 10 in general and waive the operative delay to permit the
series is expiring, because the monthly furthers the objectives of Section 6(b)(5) Pilot Program extension to become
option series in its last week before of the Act 11 in particular in that it is effective prior to the 30th day after
expiration is functionally equivalent to designed to promote just and equitable filing.
the One Week Option Series. The principles of trade, to prevent The Commission believes that
intervals between strike prices on a One fraudulent and manipulative acts, to waiving the 30-day operative delay is
Week Option Series would be the same remove impediments to and perfect the consistent with the protection of
as the intervals between strike prices on mechanism of a free and open market investors and the public interest
the corresponding monthly option and a national market system, and, in because it will allow the benefits of the
series. Finally, NYSE Arca would general, to protect investors and the Pilot Program to continue without
aggregate positions in a One Week public interest. interruption.14 Therefore, the
Option Series with positions in its Commission designates that the
B. Self-Regulatory Organization’s proposal will become operative on July
corresponding monthly series for
Statement on Burden on Competition 12, 2006.15
purposes of the Exchange’s rules on
position limits. The Exchange does not believe that At any time within 60 days of the
The Exchange believes that One Week the proposed rule change will impose filing of the proposed rule change, the
Option Series can provide investors any burden on competition that is not Commission may summarily abrogate
with a flexible and valuable tool to necessary or appropriate in furtherance the rule change if it appears to the
manage risk exposure, minimize capital of the purposes of the Act. Commission that such action is
outlays, and be more responsive to the necessary or appropriate in the public
C. Self-Regulatory Organization’s interest, for the protection of investors,
timing of events affecting the securities Statement on Comments on the
that underlie option contracts. While or otherwise in furtherance of the
Proposed Rule Change Received from purposes of the Act.
NYSE Arca has not listed any One Week Members, Participants or Others
Option Series during the first year of the IV. Solicitation of Comments
Pilot Program, there has been significant No written comments were solicited
or received with respect to the proposed Interested persons are invited to
investor interest in trading short-term
rule change. submit written data, views, and
options at the Chicago Board Options
arguments concerning the foregoing,
Exchange (‘‘CBOE’’).8 To have the III. Date of Effectiveness of the including whether the proposed rule
ability to respond to customer interest Proposed Rule Change and Timing for change is consistent with the Act.
in the future, the Exchange proposes the Commission Action Comments may be submitted by any of
continuation of the Pilot Program. the following methods:
In the original proposal to establish The Exchange has filed the proposed
the Pilot Program, the Exchange stated rule change pursuant to Section Electronic Comments
that if it were to propose an extension, 19(b)(3)(A) of the Act 12 and
subparagraph (f)(6) of Rule 19b–4 • Use the Commission’s Internet
expansion, or permanent approval of the comment form (http://www.sec.gov/
program, the Exchange would submit, thereunder.13 Because the foregoing
proposed rule change (i) does not rules/sro.shtml); or
along with any filing proposing such • Send an e-mail to rule-
amendments to the program, a report significantly affect the protection of
comments@sec.gov. Please include File
providing an analysis of the Pilot investors or the public interest; (ii) does
No. SR–NYSEArca–2006–29 on the
Program covering the entire period not impose any significant burden on
subject line.
during which the Pilot Program was in competition; and (iii) does not become
effect.9 Since the Exchange did not list operative for 30 days from the date on 14 For purposes only of waiving the 30-day

any One Week Options Series during which it was filed, or such shorter time operative delay, the Commission has considered the
the first year of the Pilot Program, there as the Commission may designate, if proposed rule’s impact on efficiency, competition,
consistent with the protection of and capital formation. See 15 U.S.C. 78c(f).
is no data available to compile such a 15 As set forth in the Exchange’s original filing
report at this time. Therefore, the investors and the public interest, the proposing the Pilot Program, if the Exchange were
Exchange did not submit a report with proposed rule change has become to propose an extension, expansion, or permanent
its proposal to extend the Pilot Program. effective pursuant to Section 19(b)(3)(A) approval of the Pilot Program, the Exchange would
of the Act and Rule 19b–4(f)(6)(iii) submit, along with any filing proposing such
2. Statutory Basis amendments to the program, a report that would
thereunder. As required under Rule provide an analysis of the Pilot Program covering
The Exchange believes that One Week 19b–4(f)(6)(iii), the Exchange provided the entire period during which the Pilot Program
Option Series could stimulate customer the Commission with written notice of was in effect. The report would include, at a
minimum: (1) Data and written analysis on the open
interest in options and provide a its intent to file the proposed rule interest and trading volume in the classes for which
flexible and valuable tool to manage risk change at least five business before One Week Option Series were opened; (2) an
exposure, minimize capital outlays, and doing so. assessment of the appropriateness of the option
A proposed rule change filed under classes selected for the Pilot Program; (3) an
be more responsive to the timing of assessment of the impact of the Pilot Program on
events affecting the securities that Rule 19b–4(f)(6) normally does not the capacity of NYSE Arca, OPRA, and market data
underlie option contracts. For these become operative for 30 days after the vendors (to the extent data from market data
reasons, the Exchange believes that the date of filing. However, Rule 19b– vendors is available); (4) any capacity problems or
4(f)(6)(iii) permits the Commission to other problems that arose during the operation of
the Pilot Program and how NYSE Arca addressed
8 CBOE filed a report with the Commission on designate a shorter time if such action such problems; (5) any complaints that NYSE Arca
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June 13, 2006, stating that CBOE has listed Short is consistent with the protection of received during the operation of the Pilot Program
Term Options Series in four different option investors and the public interest. The and how NYSE Arca addressed them; and (6) any
classes. See Securities Exchange Act Release No. additional information that would assist in
53984 (June 14, 2006), 71 FR 35718 (June 21, 2006) assessing the operation of the Pilot Program. The
10 15 U.S.C. 78f(b).
(extending CBOE’s Short Term Option Series Pilot report must be submitted to the Commission at least
11 15 U.S.C. 78f(b)(5).
Program). sixty (60) days prior to the expiration date of the
9 See Form 19b–4 for File No. SR–PCX–2005–32, 12 15 U.S.C. 78s(b)(3)(A).
Pilot Program. See Form 19b–4 for File No. SR–
filed March 16, 2005. 13 17 CFR 240.19b–4(f)(6). PCX–2005–32, filed March 16, 2005.

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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices 38681

Paper Comments and the Board meeting that was held on Reduction Act of 1995, effective October
• Send paper comments in triplicate Monday, June 26, 2006. 1, 1995. The information collection
to Nancy M. Morris, Secretary, Anyone wishing to make an oral packages that may be included in this
Securities and Exchange Commission, presentation to the Board must contact notice are for new information
100 F Street, NE., Washington, DC Erika Fischer, Senior Program Analyst, collections, approval of existing
20549–1090. U.S. Small Business Administration, information collections, revisions to
Office of Small Business Development OMB-approved information collections,
All submissions should refer to File
Centers, 409 3rd Street, SW., and extensions (no change) of OMB-
Number SR–NYSEArca–2006–29. This
Washington, DC 20416, telephone (202) approved information collections.
file number should be included on the
205–7045 or fax (202) 481–0681. SSA is soliciting comments on the
subject line if e-mail is used. To help the
accuracy of the agency’s burden
Commission process and review your Matthew K. Becker,
estimate; the need for the information;
comments more efficiently, please use Committee Management Officer.
its practical utility; ways to enhance its
only one method. The Commission will [FR Doc. E6–10628 Filed 7–6–06; 8:45 am] quality, utility, and clarity; and on ways
post all comments on the Commissions BILLING CODE 8025–01–P to minimize burden on respondents,
Internet Web site (http://www.sec.gov/
including the use of automated
rules/sro.shtml). Copies of the
collection techniques or other forms of
submission, all subsequent SMALL BUSINESS ADMINISTRATION
information technology. Written
amendments, all written statements
Public Federal Regulatory comments and recommendations
with respect to the proposed rule
Enforcement Fairness Hearing; Region regarding the information collection(s)
change that are filed with the
I Regulatory Fairness Board should be submitted to the OMB Desk
Commission, and all written
Officer and the SSA Reports Clearance
communications relating to the
The U.S. Small Business Officer. The information can be mailed
proposed rule change between the
Administration (SBA) Region I and/or faxed to the individuals at the
Commission and any person, other than
Regulatory Fairness Board and the SBA addresses and fax numbers listed below:
those that may be withheld from the
public in accordance with the Office of the National Ombudsman will (OMB), Office of Management and
provisions of 5 U.S.C. 552, will be hold a public hearing on Friday, July 14, Budget, Attn: Desk Officer for SSA,
available for inspection and copying in 2006, at 9 a.m. The meeting will take Fax: 202–395–6974.
the Commission’s Public Reference place at the Thomas P. O’Neill Federal (SSA), Social Security Administration,
Room. Copies of such filing also will be Building, 10 Causeway Street, Room DCFAM, Attn: Reports Clearance
available for inspection and copying at 265, Boston, MA 02222. The purpose of Officer, 1333 Annex Building, 6401
the principal office of the Exchange. All the meeting is to receive comments and Security Blvd., Baltimore, MD 21235,
comments received will be posted testimony from small business owners, Fax: 410–965–6400.
without change; the Commission does small government entities, and small I. The information collections listed
not edit personal identifying non-profit organizations concerning below are pending at SSA and will be
information from submissions. You regulatory enforcement and compliance submitted to OMB within 60 days from
should submit only information that actions taken by Federal agencies. the date of this notice. Therefore, your
you wish to make available publicly. All Anyone wishing to attend or to make comments should be submitted to SSA
submissions should refer to File a presentation must contact Joan within 60 days from the date of this
Number SR–NYSEArca–2006–29 and Trudell, in writing or by fax, in order to publication. You can obtain copies of
should be submitted on or before July be put on the agenda. Joan Trudell, the collection instruments by calling the
28, 2006. Public Information Officer, SBA, SSA Reports Clearance Officer at 410–
Massachusetts District Office, Thomas 965–0454 or by writing to the address
For the Commission, by the Division of P. O’Neill Federal Building, 10
Market Regulation, pursuant to delegated listed above.
authority.16 Causeway Street, Room 265, Boston, 1. Annual Earnings Test Direct Mail
MA 02222, phone (617) 565–5572 and Follow-Up Program Notices—20 CFR
J. Lynn Taylor,
fax (617) 565–5597, e-mail: 404.452–404.455—0960–0369. The Mid-
Assistant Secretary.
joan.trudell@sba.gov. Year Mailer (MYM) is used to ensure
[FR Doc. E6–10639 Filed 7–6–06; 8:45 am] For more information, see our Web that Retirement and Survivors Insurance
BILLING CODE 8010–01–P site at http://www.sba.gov/ombudsman. (RSI) payments are correct. Beneficiaries
Matthew K. Becker, under full retirement age (FRA) use
Committee Management Officer. Forms SSA–L9778, L9779, and L9781 to
SMALL BUSINESS ADMINISTRATION update their current year estimate and
[FR Doc. E6–10627 Filed 7–6–06; 8:45 am]
their estimate for the following year.
National Small Business Development BILLING CODE 8025–01–P
MYM Forms SSA–L9784 and L9785 are
Center Advisory Board; Public Meeting
designed to request earnings estimates
The U.S. Small Business in the year of FRA for the period prior
Administration (SBA), National Small SOCIAL SECURITY ADMINISTRATION to the month of FRA. Only one
Business Development Center Advisory Agency Information Collection individually tailored form is sent per
Board will host a public meeting via Activities: Proposed Request and respondent. Respondents are RSI
conference call on Tuesday, July 18, Comment Request beneficiaries with earnings over the
2006 at 1 p.m. (EST). The purpose of exempt amount.
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this meeting is to discuss follow-up The Social Security Administration Type of Request: Extension of an
items regarding the site visits to the SBA (SSA) publishes a list of information OMB-approved information collection.
San Diego and Los Angeles Small collection packages that will require Number of Respondents: 225,000.
Business Development Center networks, clearance by the Office of Management Frequency of Response: 1.
and Budget (OMB) in compliance with Average Burden per Response: 10
16 17 CFR 200.30–3(a)(12). Public Law 104–13, the Paperwork minutes.

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