[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Notices]
[Page 69974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3402]



[[Page 69974]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-50734; File No. SR-NYSE-2004-48]


Self-Regulatory Organizations; New York Stock Exchange, Inc.; 
Order Granting Approval to Proposed Rule Change To Create New NYSE Rule 
416A (``Member and Member Organization Profile Information Updates and 
Quarterly Certifications Via the Electronic Filing Platform'') and To 
Amend NYSE Rule 476A (``Imposition of Fines for Minor Violations of 
Rules''), Adding New NYSE Rule 416A to the ``List of Exchange Rule 
Violations and Fines Applicable Thereto Pursuant to Rule 476A''

November 24, 2004.
    On August 19, 2004, the New York Stock Exchange, Inc. (``NYSE'' or 
``Exchange'') 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 adopt new NYSE Rule 416A (``Member and Member 
organization Profile Information Updates and Quarterly Certifications 
Via the Electronic Filing Platform''), which rule would require members 
and member organizations to promptly update their organizational 
information via the Electronic Filing Platform, and to make quarterly 
certifications that their organizational information is complete and 
accurate. Additionally, the NYSE proposed an amendment to NYSE Rule 
476A (``Imposition of Fines for Minor Violations of Rules'') to allow 
the Exchange to sanction members' and member organizations' minor 
violations of new NYSE Rule 416A pursuant to the minor fine provisions 
of NYSE Rule 476A. The NYSE amended the proposed rule change on October 
12, 2004, which amendment completely replaced and superseded the 
original proposal. The proposed rule change, as amended, was published 
for comment in the Federal Register on October 25, 2004.\3\ The 
Commission received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 50559 (October 19, 
2004), 69 FR 62314.
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    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange \4\ and, in 
particular, the requirements of Section 6 of the Act \5\ and the rules 
and regulations thereunder. The Commission finds specifically that the 
proposed rule change is consistent with Section 6(b)(5) of the Act,\6\ 
in that it is designed to promote just and equitable principles of 
trade, facilitate transactions in securities, 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 Commission also finds that the proposal is consistent with Section 
6(b)(6) of the Act,\7\ which requires that members and persons 
associated with members be appropriately disciplined for violations of 
Exchange rules. Finally, the Commission finds the proposal is 
consistent with Rule 19d-1(c)(2) under the Act,\8\ which governs minor 
rule violation plans.
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    \4\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(6).
    \8\ 17 CFR 240.19d-1(c)(2).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (SR-NYSE-2004-48), as amended, 
be, and it hereby is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
 [FR Doc. E4-3402 Filed 11-30-04; 8:45 am]
BILLING CODE 8010-01-P