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58036 Federal Register / Vol. 71, No.

190 / Monday, October 2, 2006 / Notices

file number should be included on the for Investment Company Units to V. Conclusion
subject line if e-mail is used. To help the provide that an eligible index may be It is therefore ordered, pursuant to
Commission process and review your calculated following the ‘‘fundamentals Section 19(b)(2) of the Act,24 that the
comments more efficiently, please use weighted’’ or ‘‘fundamental index’’ proposed rule change (SR–NYSEArca–
only one method. The Commission will methodology. This index calculation 2006–61) is approved on an accelerated
post all comments on the Commission’s methodology weights components based basis.
Internet Web site (http://www.sec.gov/ on one or more of the following: Sales,
rules/sro.shtml). Copies of the For the Commission, by the Division of
cash flow, book value, and dividends.19 Market Regulation, pursuant to delegated
submission, all subsequent
Including this index calculation authority.25
amendments, all written statements
with respect to the proposed rule methodology in NYSE’s generic listing Nancy M. Morris,
change that are filed with the standards will provide investors with Secretary.
Commission, and all written more investment choices by offering an [FR Doc. E6–16111 Filed 9–29–06; 8:45 am]
communications relating to the alternative to the other index BILLING CODE 8010–01–P
proposed rule change between the methodologies, such as capitalization-
Commission and any person, other than weighted ones. The Commission notes
those that may be withheld from the that the indexes that would be based on SECURITIES AND EXCHANGE
public in accordance with the the fundamentals weighting COMMISSION
provisions of 5 U.S.C. 552, will be methodology will already be subject to [Release No. 34–54493; File No. SR–
available for inspection and copying in the requirements of the generic listing NYSEArca–2006–46]
the Commission’s Public Reference standards pursuant to Rule 19b–4(e) of
Room. Copies of such filing also will be the Act,20 including trading volume and Self-Regulatory Organizations; NYSE
available for inspection and copying at liquidity requirements. In addition, by Arca, Inc.; Notice of Filing and Order
the principal offices of the Exchange. amending its generic listing standards Granting Accelerated Approval of a
All comments received will be posted pursuant to Rule 19b–4(e) of the Act,21 Proposed Rule Change, and
without change; the Commission does Amendment No. 1 Thereto, Relating to
NYSE should reduce the time frame for
not edit personal identifying Generic Listing and Maintenance
information from submissions. You listing and trading Investment Company
Standards for Broad-Based Index
should submit only information that Units that rely on an index utilizing a
Options
you wish to make available publicly. All fundamentals weighting methodology.
submissions should refer to File The proposed rule change should September 25, 2006.
Number SR–NYSEArca–2006–61 and therefore facilitate the listing and Pursuant to Section 19(b)(1) of the
should be submitted on or before trading (including on an unlisted Securities Exchange Act of 1934
October 23, 2006. trading privileges basis) of such (‘‘Act’’),1 and Rule 19b–4 thereunder,2
securities and thereby reduce the notice is hereby given that on July 25,
IV. Commission’s Findings and Order 2006, the NYSE Arca, Inc. (‘‘NYSE
burdens on issuers and other market
Granting Accelerated Approval of the Arca’’ or ‘‘Exchange’’) filed with the
participants.
Proposed Rule Change Securities and Exchange Commission
The Exchange has requested
After careful review, the Commission (‘‘Commission’’) the proposed rule
finds that the proposed rule change is accelerated approval of the proposed change as described in Items I and II
consistent with the requirements of the rule change. The Commission finds below, which Items have been prepared
Act and the rules and regulations good cause for approving the proposed principally by the NYSE Arca. On
thereunder applicable to a national rule change prior to the 30th day after September 8, 2006, the Exchange filed
securities exchange.16 In particular, the the date of publication of the notice of Amendment No. 1.3 The Commission is
Commission finds that the proposed filing in the Federal Register. The publishing this notice to solicit
rule change is consistent with Section Commission believes the proposed rule comments on the proposed rule change
6(b)(5) of the Act,17 which requires, change should provide investors with from interested persons and is
among other things, that the rules of a an alternative to the current index approving the proposal, as amended, on
national securities exchange be calculation methodologies. The an accelerated basis.
designed to prevent fraudulent and proposed rule change is substantially
manipulative acts and practices, to I. Self-Regulatory Organization’s
identical to that approved for another
promote just and equitable principles of Statement of the Terms of Substance of
exchange.22 The Commission does not the Proposed Rule Change
trade, to foster cooperation and believe that the proposed rule change
coordination with persons engaged in raises any novel regulatory issues. The Exchange proposes to amend
facilitating transactions in securities, Therefore, the Commission finds good NYSE Arca Rule 5.12 to adopt new
and to remove impediments to and cause, consistent with Section 19(b)(2) ‘‘generic’’ listing standards for broad-
perfect the mechanism for a free and of the Act,23 to approve the proposed based index options pursuant to Rule
open market and a national market
rule change on an accelerated basis.
system, and, in general, to protect 24 Id.

investors and the public interest. 19 According


25 17 CFR 200.30–3(a)(12).
The proposed rule change amends to the NYSE, in each instance, the 1 15 U.S.C. 78s(b)(1).
index methodology will set forth the means of 2 17 CFR 240.19b–4.
NYSE’s existing generic listing
calculating sales, cash flow, book value, and 3 In Amendment No. 1, which replaced the
standards pursuant to Rule 19b–4(e) 18 dividends and thus will be transparent. original filing in its entirety, the Exchange proposed
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20 17 CFR 240.19b–4(e). to modify NYSE Arca Rule 5.15(a) to clarify that the
16 In approving this rule change, the Commission
21 Id. position limit for broad-based index options is
notes that it has considered the proposed rule’s 25,000 contracts on the same side of the market,
22 See Securities Exchange Act Release No. 54459
impact on efficiency, competition, and capital and made non-substantive changes to its proposed
formation. See 15 U.S.C. 78c(f). (September 15, 2006), 71 FR 55533 (September 22, rule text. The Exchange also made clarifying
17 15 U.S.C. 78f(b)(5). 2006) (SR–NASDAQ–2006–035). changes in its description of the proposed rule
18 17 CFR 240.19b–4(e). 23 15 U.S.C. 78s(b)(2). change.

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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices 58037

19b–4(e) under the Act.4 The text of the weight of the index and that the five B. Self-Regulatory Organization’s
proposed rule change is available on the highest weighted components represent Statement on Burden on Competition
NYSE Arca’s Web site (http:// no more than 33% of the weight of the The Exchange does not believe that
www.tradearca.com), at the NYSE index; that the index value be widely the proposed rule change will impose
Arca’s Office of the Secretary and at the disseminated at least every 15 seconds; any burden on competition that is not
Commission’s Public Reference Room. that index components comprising at necessary or appropriate in furtherance
II. Self-Regulatory Organization’s least 80% of the weight of the index of the purposes of the Act.
Statement of the Purpose of, and must be ‘‘options eligible’’ pursuant to
NYSE Arca Rule 5.3; and that the C. Self-Regulatory Organization’s
Statutory Basis for, the Proposed Rule
Exchange have written surveillance Statement on Comments on the
Change
procedures in place with respect to the Proposed Rule Change Received From
In its filing with the Commission, the Members, Participants or Others
NYSE Arca included statements index options. NYSE Arca Rule 5.12(a)
concerning the purpose of, and basis for, also provides that non-U.S. index No written comments were either
the proposed rule change and discussed components that are not subject to a solicited or received.
any comments it received on the comprehensive surveillance sharing III. Solicitation of Comments
proposed rule change. The text of these agreement between the Exchange and
the primary market(s) trading the index Interested persons are invited to
statements may be examined at the
components may comprise no more submit written data, views, and
places specified in Item III below. The
than 20% of the weight of the index. arguments concerning the foregoing,
NYSE Arca has prepared summaries, set
The Exchange represents that its including whether the proposed rule
forth in Sections A, B, and C below, of
surveillance procedures are adequate to change, as amended, is consistent with
the most significant aspects of such
properly monitor the trading of broad- the Act. Comments may be submitted by
statements.
any of the following methods:
based index options and that it intends
A. Self-Regulatory Organization’s
to apply its existing surveillance Electronic Comments
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule procedures for index options to monitor • Use the Commission’s Internet
Change trading in broad-based index options comment form (http://www.sec.gov/
listed pursuant to NYSE Arca Rule rules/sro.shtml); or
1. Purpose 5.12(a). Additionally, the Exchange • Send an e-mail to rule-
The Exchange proposes to amend must reasonably believe that it has comments@sec.gov. Please include File
NYSE Arca Rule 5.12 to establish listing adequate system capacity to support the Number SR–NYSEArca–2006–46 on the
and maintenance standards, pursuant to trading of any index options listed subject line.
Rule 19b–4(e) under the Act,5 for broad- pursuant to NYSE Arca Rule 5.12(a).
based index options. The proposal will The Exchange also proposes to adopt Paper Comments
allow the Exchange to list and trade, NYSE Arca Rule 5.12(b), which • Send paper comments in triplicate
pursuant to Rule 19b–4(e) under the establishes maintenance standards for to Nancy M. Morris, Secretary,
Act,6 broad-based index options that broad-based index options listed Securities and Exchange Commission,
meet the listing standards in NYSE Arca pursuant to NYSE Arca Rule 5.12(a). 100 F Street, NE., Washington, DC
Rule 5.12(a). The listing standards NYSE Arca also proposes to apply 20549–1090.
require, among other things, that the All submissions should refer to File
NYSE Arca Rule 6.8, as modified by
underlying index be broad-based, as Number SR–NYSEArca–2006–46. This
NYSE Arca Rule 5.15, which establishes
defined in NYSE Arca Rule 5.10(b)(23); file number should be included on the
a position limit of 25,000 contracts on
that options on the index be a.m.- subject line if e-mail is used. To help the
settled; that the index be capitalization- the same side of the market,8 to broad-
based index options listed pursuant to Commission process and review your
weighted, price-weighted, equal dollar- comments more efficiently, please use
weighted, or modified capitalization- NYSE Arca Rule 5.12(a).
only one method. The Commission will
weighted; and that the index be 2. Statutory Basis post all comments on the Commission’s
comprised of at least 50 securities, all of Internet Web site (http://www.sec.gov/
which must be ‘‘NMS stocks,’’ as The Exchange believes that the rules/sro.shtml). Copies of the
defined in Rule 600 of Regulation proposed rule change is consistent with submission, all subsequent
NMS.7 In addition, NYSE Arca Rule Section 6(b) of the Act 9 in general, and amendments, all written statements
5.12(a) requires (among other things) furthers the objectives of Section 6(b)(5) with respect to the proposed rule
that a specified percentage of the of the Act 10 in particular, in that it is change that are filed with the
index’s component securities meet designed to promote just and equitable Commission, and all written
certain minimum market capitalization principles of trade, to foster cooperation communications relating to the
and average daily trading volume and coordination with persons engaged proposed rule change between the
requirements; that no single component in facilitating transactions in securities, Commission and any person, other than
account for more than 10% of the to remove impediments to and perfect those that may be withheld from the
the mechanisms of a free and open public in accordance with the
4 17 CFR 240.19b–4(e). market, and, in general, to protect provisions of 5 U.S.C. 552, will be
5 Id.
6 Id.
investors and the public interest. available for inspection and copying in
7 Rule 600 of Regulation NMS defines an ‘‘NMS the Commission’s Public Reference
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stock’’ to mean ‘‘any NMS security other than an


8 In this proposed rule change, NYSE Arca is Room. Copies of such filing also will be
option.’’ An ‘‘NMS security’’ is ‘‘any security or proposing to amend NYSE Arca Rule 5.15(a) to available for inspection and copying at
class of securities for which transaction reports are clarify that the position limit of 25,000 contracts is
on the same side of the market in the same
the principal office of the NYSE Arca.
collected, processed, and made available pursuant
to an effective transaction reporting plan, or an underlying index. All comments received will be posted
effective national market system plan for reporting 9 15 U.S.C. 78f(b). without change; the Commission does
transactions in listed options.’’ 17 CFR 242.600. 10 15 U.S.C. 78f(b)(5). not edit personal identifying

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58038 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices

information from submissions. You Commission approval is necessary.13 NYSE Arca will have access to
should submit only information that The NYSE Arca’s ability to rely on Rule information concerning trading activity
you wish to make available publicly. All 19b–4(e) to list broad-based index in the component securities of an
submissions should refer to File options that meet the requirements of underlying index through the
Number SR–NYSEArca–2006–46 and NYSE Arca Rule 5.12(a) potentially Intermarket Surveillance Group
should be submitted on or before reduces the time frame for bringing (‘‘ISG’’).16 In addition, proposed NYSE
October 23, 2006. these securities to the market, thereby Arca Rule 5.12(a)(10) provides that non-
promoting competition and making new U.S. index components that are not
IV. Commission’s Findings and Order broad-based index options available to subject to a comprehensive surveillance
Granting Accelerated Approval of the investors more quickly. sharing agreement between the NYSE
Proposed Rule Change The Commission notes that the NYSE Arca and the primary market(s) trading
After careful review, the Commission Arca has represented that it has the index components may comprise no
finds that the proposed rule change, as adequate trading rules, procedures, more than 20% of the weight of the
amended, is consistent with the listing standards, and surveillance index.17 The Commission believes that
requirements of the Act and the rules program for broad-based index options. these requirements will help to ensure
and regulations thereunder applicable to NYSE Arca’s existing index option that the NYSE Arca has the ability to
a national securities exchange.11 In trading rules and procedures will apply monitor trading in broad-based index
particular, the Commission finds that to broad-based index options listed options listed pursuant to NYSE Arca
the proposed rule change, as amended, pursuant to proposed NYSE Arca Rule Rule 5.12(a) and in the component
is consistent with Section 6(b)(5) of the 5.12(a). Additionally, existing NYSE securities of the underlying indexes.
Act,12 which requires, among other Arca rules, including provisions The Commission believes that the
things, that the rules of a national addressing sales practices and margin requirements in the proposed NYSE
securities exchange be designed to requirements, also will apply to these Arca Rules regarding, among other
prevent fraudulent and manipulative options. In addition, as mentioned things, the minimum market
acts and practices, to promote just and above, the NYSE Arca has established a capitalization, trading volume, and
equitable principles of trade, to remove position limit of 25,000 contracts on the relative weightings of an underlying
impediments to and perfect the same side of the market for broad-based index’s component stocks are designed
mechanism of a free and open market index options listed pursuant to NYSE to ensure that the markets for the
and a national market system and, in Arca Rule 5.12(a), by applying NYSE index’s component stocks are
general, to protect investors and the Arca Rule 6.8, as modified by NYSE adequately capitalized and sufficiently
public interest. Arca Rule 5.15, to such options.14 NYSE liquid, and that no one stock dominates
Currently, to list options on a Arca Rule 5.18(a) provides that the the index. In addition, as mentioned
particular broad-based index, the NYSE exercise limits for broad-based index above, proposed NYSE Arca Rule
Arca must file a proposed rule change options are equivalent to the position 5.12(a)(1) requires that the underlying
with the Commission pursuant to limits contained in NYSE Arca Rule index be ‘‘broad-based,’’ as defined in
Section 19(b)(1) of the Act and Rule 5.15. The Commission believes that the NYSE Arca Rule 5.10(b)(23).18 The
19b–4 thereunder. However, Rule 19b– position and exercise limits should Commission believes that these
4(e) provides that the listing and trading serve to minimize potential requirements minimize the potential for
of a new derivative securities product manipulation concerns. manipulating the underlying index.
by a self-regulatory organization The NYSE Arca represents that its The Commission believes that the
(‘‘SRO’’) will not be deemed a proposed surveillance procedures are adequate to requirement in proposed NYSE Arca
rule change pursuant to Rule 19b– properly monitor the trading of broad- Rule 5.12(a)(11) that the current index
based index options and that it intends value be widely disseminated at least
4(c)(1) if the Commission has approved,
to apply its existing surveillance once every 15 seconds by the Options
pursuant to Section 19(b) of the Act, the
procedures for index options to monitor Price Reporting Authority, the
SRO’s trading rules, procedures, and
trading in broad-based index options Consolidated Tape Association, the
listing standards for the product class
listed pursuant to NYSE Arca Rule Nasdaq Index Dissemination Service or
that would include the new derivative
5.12(a). In addition, because proposed one or more major market data
securities product, and the SRO has a
NYSE Arca Rule 5.12(a)(9) requires that vendors 19 during the time an index
surveillance program for the product
class. each component of an index be an
Commission’s consideration of this matter, Nasdaq
As described more fully above, the ‘‘NMS stock,’’ as defined in Rule 600 of is still operating as a subsidiary of the National
NYSE Arca proposes to establish listing Regulation NMS under the Act, each Association of Securities Dealers (‘‘NASD’’), a
standards pursuant to Rule 19b–4(e) for index component must trade on a registered national securities association for certain
registered national securities exchange securities.
broad-based index options. The 16 The ISG was formed on July 14, 1983 to, among
Commission’s approval of the NYSE or through The Nasdaq Stock Market,
other things, coordinate more effectively
Arca’s listing standards for broad-based Inc. (‘‘Nasdaq’’).15 Accordingly, the surveillance and investigative information sharing
index options will allow options that arrangements in the stock and options markets. All
13 When relying on Rule 19b–4(e), the SRO must of the registered national securities exchanges and
satisfy the listing standards to begin NASD are members of the ISG. In addition, futures
submit Form 19b–4(e) to the Commission within
trading pursuant to Rule 19b–4(e), five business days after the SRO begins trading the exchanges and non-U.S. exchanges and associations
without constituting a proposed rule new derivative securities product. See Securities are affiliate members of the ISG.
change within the meaning of Section Exchange Act Release No. 40761 (December 8, 17 However, such non-U.S. index components, as

19(b) of the Act and Rule 19b–4, for 1998), 63 FR 70952 (December 22, 1998) (File No. ‘‘NMS stocks,’’ would be registered under Section
S7–13–98). 12 of the Act and listed on a national securities
which notice and comment and
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14 See supra at note 3. exchange where there is last sale reporting.


15 Recently, the Commission approved the 18 NYSE Arca Rule 5.10(b)(23) defines ‘‘broad-
11 In approving this proposal, the Commission has based index’’ to mean ‘‘an index designed to be
application of The NASDAQ Stock Market LLC, a
considered the proposed rule’s impact on subsidiary of Nasdaq, to become a registered representative of a stock market as a whole or of a
efficiency, competition, and capital formation. 15 national securities exchange. See Securities range of companies in unrelated industries.’’
U.S.C. 78c(f). Exchange Act Release No. 53128 (January 13, 2006), 19 The NYSE Arca stated that ‘‘ ‘[m]ajor market
12 15 U.S.C. 78f(b)(5). 71 FR 3550 (January 23, 2006). At the time of the data vendors’ for the purposes of NYSE Arca Rule

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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices 58039

option trades on the NYSE Arca should For the Commission, by the Division of Percent
provide transparency with respect to Market Regulation, pursuant to delegated
current index values and contribute to authority.24 Businesses And Non-Profit Orga-
the transparency of the market for Nancy M. Morris, nizations Without Credit Avail-
Secretary. able Elsewhere ......................... 4.000
broad-based index options. In addition,
the Commission believes, as it has noted [FR Doc. E6–16162 Filed 9–29–06; 8:45 am]
The number assigned to this disaster
in other contexts, that the requirement BILLING CODE 8010–01–P
for physical damage is 10622 B and for
in proposed NYSE Arca Rule 5.12(a)(2) economic injury is 10623 0.
that an index option be settled based on The State which received an EIDL
the opening prices of the index’s SMALL BUSINESS ADMINISTRATION Declaration # is North Carolina.
component securities, rather than on [Disaster Declaration #10622 and #10623] (Catalog of Federal Domestic Assistance
closing prices, could help to reduce the Numbers 59002 and 59008)
potential impact of expiring index North Carolina Disaster #NC–00005
options on the market for the index’s Steven C. Preston,
AGENCY: Small Business Administration. Administrator.
component securities.20
ACTION: Notice. [FR Doc. E6–16134 Filed 9–29–06; 8:45 am]
The Commission finds good cause for
BILLING CODE 8025–01–P
approving the proposed rule change SUMMARY: This is a notice of an
prior to the 30th day after the date of Administrative declaration of a disaster
publication of the notice of filing in the for the State of North Carolina dated 9/ SMALL BUSINESS ADMINISTRATION
Federal Register. The Exchange has 25/2006.
requested accelerated approval of the Incident: Tropical Storm Ernesto. National Small Business Development
proposed rule change. The proposal Incident Period: 8/31/2006. Center Advisory Board; Public Meeting
implements listing and maintenance Effective Date: 9/25/2006.
Physical Loan Application Deadline The U.S. Small Business
standards and position and exercise Administration, National Small
limits for broad-based index options Date: 11/24/2006.
Economic Injury (EIDL) Loan Business Development Center Advisory
substantially identical to those recently Board will be hosting a public meeting
Application Deadline Date: 6/25/2007.
approved for the Philadelphia Stock via conference call on Tuesday, October
ADDRESSES: Submit completed loan
Exchange, Inc., the International 17, 2006 at 1 p.m. (EST). The purpose
Securities Exchange, Inc., the American applications to: U.S. Small Business
Administration, Processing and of the meeting is to discuss the recent
Stock Exchange LLC, and the CBOE.21 board meeting at the Houston ASBDC
Disbursement Center, 14925 Kingsport
The Commission does not believe that Conference on September 14, 2006, and
Road Fort Worth, TX 76155.
the Exchange’s proposal raises any the ‘‘Dialogue with the SBDC State
FOR FURTHER INFORMATION CONTACT: A.
novel regulatory issues. Therefore, the Directors’’ meeting on September 15,
Commission finds good cause, Escobar, Office of Disaster Assistance, 2006.
U.S. Small Business Administration, Anyone wishing to place an oral
consistent with Section 19(b)(2) of the
409 3rd Street, SW., Suite 6050, presentation to the Board must contact
Act,22 to approve the proposed rule
Washington, DC 20416. Erika Fischer, Senior Program Analyst,
change, as amended, on an accelerated
SUPPLEMENTARY INFORMATION: Notice is U.S. Small Business Administration,
basis.
hereby given that as a result of the Office of Small Business Development
V. Conclusion Administrator’s disaster declaration, Centers, 409 3rd Street, SW.,
applications for disaster loans may be Washington, DC 20416, telephone (202)
It is therefore ordered, pursuant to filed at the address listed above or other 205–7045 or fax (202) 481–0681.
Section 19(b)(2) of the Act,23 that the locally announced locations.
proposed rule change (SR–NYSEArca– The following areas have been Thomas M. Dryer,
2006–46), as amended, is hereby determined to be adversely affected by Acting Committee Management Officer.
approved on an accelerated basis. the disaster: [FR Doc. E6–16135 Filed 9–29–06; 8:45 am]
Primary Counties: Duplin, Jones. BILLING CODE 8025–01–P

Contiguous Counties: North Carolina:


5.12(a)(11) includes, but is not limited to, securities Carteret, Craven, Lenoir, Onslow,
information vendors such as Bloomberg and
Pender, Sampson, Wayne. SMALL BUSINESS ADMINISTRATION
Reuters.’’
20 See, e.g., Securities Exchange Act Release No. The Interest Rates are: Privacy Act of 1974; System of
30944 (July 21, 1992), 57 FR 33376 (July 28, 1992) Records Notice
(order approving a Chicago Board Options Percent
Exchange, Incorporated (‘‘CBOE’’) proposal to U.S. Small Business
AGENCY:
establish opening price settlement for S&P 500 Homeowners With Credit Avail- Administration (SBA).
Index options). able Elsewhere ......................... 6.250 ACTION: Notice of new system of records.
21 See Securities Exchange Act Release No. 54158 Homeowners Without Credit
(July 17, 2006), 71 FR 41853 (July 24, 2006) (SR– Available Elsewhere .................. 3.125 SUMMARY: The Small Business
Phlx–2006–17); Securities Exchange Act Release Businesses With Credit Available Administration is adding a new system
No. 52578 (October 7, 2005), 70 FR 60590 (October Elsewhere ................................. 7.934 of records to the Agency’s Privacy Act
18, 2005) (SR–ISE–2005–27); Securities Exchange Businesses & Small Agricultural
Systems of Records. The system is
Act Release No. 52781 (November 16, 2005), 70 FR Cooperatives Without Credit
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70898 (November 23, 2005) (SR–Amex–2005–069); Available Elsewhere .................. 4.000 called the SBA Identity Management
Securities Exchange Act Release No. 53266 Other (Including Non-Profit Orga- System (IDMS). The purpose of this
(February 9, 2006), 71 FR 8321 (February 16, 2006) nizations) With Credit Available System is to automate records that
(SR–CBOE–2005–59). Elsewhere ................................. 5.000 maintain information required to
22 15 U.S.C. 78s(b)(2). comply with Homeland Security
23 Id. 24 17 CFR 200.30–3(a)(12). Presidential Directive 12 (HSPD–12).

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