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62634 Federal Register / Vol. 71, No.

207 / Thursday, October 26, 2006 / Notices

the proposed rule change would support comments more efficiently, please use proposed rule change as described in
the prompt and accurate clearance and only one method. The Commission will Items I and II below, which Items have
settlement of securities transactions. post all comments on the Commission’s been prepared by the Exchange. The
Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
(B) Self-Regulatory Organization’s
rules/sro.shtml). Copies of the solicit comments on the proposed rule
Statement on Burden on Competition submission, all subsequent change from interested persons and is
FICC does not believe that the amendments, all written statements approving the proposal on an
proposed rule change would have any with respect to the proposed rule accelerated basis.
impact or impose any burden on change that are filed with the
competition. Commission, and all written I. Self-Regulatory Organization’s
communications relating to the Statement of the Terms of Substance of
(C) Self-Regulatory Organization’s the Proposed Rule Change
proposed rule change between the
Statement on Comments on the
Commission and any person, other than The Exchange is proposing to
Proposed Rule Change Received From
those that may be withheld from the substitute the index tracked by a class
Members, Participants, or Others
public in accordance with the of exchange-traded securities (formerly
Written comments relating to the provisions of 5 U.S.C. 552, will be referred to as Vanguard Emerging
proposed rule change have not yet been available for inspection and copying in Market VIPERs, the ‘‘ETF Shares’’)
solicited or received. FICC will notify the Commission’s Public Reference issued by the Vanguard Emerging
the Commission of any written Section, 100 F Street, NE., Washington, Markets Stock Index Fund (‘‘Fund’’).3
comments received by FICC. DC 20549. Copies of such filing also will
be available for inspection and copying II. Self-Regulatory Organization’s
III. Date of Effectiveness of the Statement of the Purpose of, and
Proposed Rule Change and Timing for at the principal office of FICC and on
FICC’s Web site at www.ficc.com. All Statutory Basis for, the Proposed Rule
Commission Action Change
comments received will be posted
Within 35 days of the date of without change; the Commission does
publication of this notice in the Federal In its filing with the Commission, the
not edit personal identifying Exchange included statements
Register or within such longer period (i) information from submissions. You
as the Commission may designate up to concerning the purpose of, and basis for,
should submit only information that the proposed rule change and discussed
90 days of such date if it finds such you wish to make available publicly. All
longer period to be appropriate and any comments it received on the
submissions should refer to File proposed rule change. The text of these
publishes its reasons for so finding, or Number SR–FICC–2006–13 and should
(ii) as to which the self-regulatory statements may be examined at the
be submitted on or before November 16,
organization consents, the Commission places specified in Item III below. The
2006.
will: Exchange has prepared summaries, set
For the Commission by the Division of forth in Sections A, B, and C below, of
(A) By order approve the proposed Market Regulation, pursuant to delegated
rule change, or the most significant aspects of such
authority.7
(B) Institute proceedings to determine statements.
Nancy M. Morris,
whether the proposed rule change Secretary. A. Self-Regulatory Organization’s
should be disapproved. Statement of the Purpose of, and
[FR Doc. E6–17913 Filed 10–25–06; 8:45 am]
IV. Solicitation of Comments BILLING CODE 8011–01–P
Statutory Basis for, the Proposed Rule
Change
Interested persons are invited to
submit written data, views, and 1. Purpose
SECURITIES AND EXCHANGE
arguments concerning the foregoing, On August 8, 2005, the Commission
COMMISSION
including whether the proposed rule approved the Exchange’s filing
change is consistent with the Act. [Release No. 34–54628; File No. SR– proposing to trade the ETF Shares
Comments may be submitted by any of NYSEArca–2006–74]
pursuant to unlisted trading privileges
the following methods: (‘‘UTP’’).4 The Commission had
Self-Regulatory Organizations; NYSE
Electronic Comments Arca, Inc.; Notice of Filing and Order previously approved the original listing
Granting Accelerated Approval of and trading of the ETF Shares by the
• Use the Commission’s Internet
Proposed Rule Change Relating to the American Stock Exchange LLC
comment form (http://www.sec.gov/
Vanguard Emerging Markets Stock (‘‘Amex’’).5 The Exchange is filing this
rules/sro.shtml) or
Index Fund proposal to obtain the Commission’s
• Send an e-mail to rule-
approval of the substitution of the index
comments@sec.gov. Please include File October 19, 2006. tracked by the ETF Shares issued by the
Number SR–FICC–2006–13 on the Pursuant to Section 19(b)(1) of the
subject line. Securities Exchange Act of 1934 3 In addition to the ETF Shares, the Fund offers

Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a class of shares that are not exchange-traded,
notice is hereby given that on October which are referred to as ‘‘Investor Shares.’’
• Send paper comments in triplicate 10, 2006, NYSE Arca, Inc. (‘‘Exchange’’), 4 See Securities Exchange Act Release No. 34–

to Nancy M. Morris, Secretary, through its wholly owned subsidiary 52221 (August 8, 2005), 70 FR 48222 (August 16,
Securities and Exchange Commission, NYSE Arca Equities, Inc. (‘‘NYSE Arca
2005) (SR–PCX–2005–74) (the ‘‘Approval Order’’).
100 F Street, NE., Washington, DC The Exchange expanded the hours during which
Equities’’ or the ‘‘Corporation’’), filed the ETF Shares are eligible to trade on the NYSE
20549–1090. with the Securities and Exchange Arca Marketplace (f/k/a the Archipelago Exchange)
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All submissions should refer to File Commission (‘‘Commission’’) the in December 2005. See Securities Exchange Act
Number SR–FICC–2006–13. This file Release No. 34–52927 (December 8, 2005), 70 FR
74397 (December 15, 2005) (SR–PCX–2005–128).
number should be included on the 7 17 CFR 200.3(a)(12). 5 See Securities Exchange Act Release No. 50189
subject line if e-mail is used. To help the 1 15 U.S.C. 78s(b)(1). (August 12, 2004), 69 FR 51723 (August 20, 2004)
Commission process and review your 2 17 CFR 240.19b–4. (SR–Amex–2005–04) (the ‘‘Amex Approval Order’’).

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Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Notices 62635

Fund. The Amex has recently filed a following weights: 4.07%, 2.84%, 2.1%, that sufficient mechanisms exist that
similar proposal.6 1.84% and 1.77%. Countries would provide the Exchange with
The ETF Shares originally sought to represented in the Emerging Markets adequate surveillance and regulatory
track, as closely as possible, the Index include Argentina, Brazil, Chile, information with respect to the Index.
performance of the Select Emerging China, Colombia, the Czech Republic, Specifically, the Exchange represents
Markets Index (‘‘Select Index’’), a Egypt, Hungary, India, Indonesia, Israel, that it will rely on existing surveillance
regional index compiled by Morgan Jordan, Malaysia, Mexico, Morocco, procedures governing derivative
Stanley Capital International (MSCI) 7 Pakistan, Peru, the Philippines, Poland, products trading on the Exchange. In
(‘‘MSCI’’). Pursuant to the Fund’s Russia, South Africa, South Korea, addition, the Exchange, Vanguard, and
prospectus for the ETF Shares and the Taiwan, Thailand, and Turkey. MSCI MSCI have a general policy prohibiting
Amex Approval Order, the Fund has the periodically adjusts the list of included the distribution of material, non-public
right to substitute a different index for countries to keep pace with the information by their employees. Due to
the Select Index, provided, that the evolution in world markets (such MSCI’s role as a broker-dealer that
reason for the substitution is determined adjustments are made on a forward- maintains the Index, MSCI has
in good faith, the substitute index looking basis, so past performance of the represented that a functional separation,
measures the same general market as the Emerging Markets Index always reflects such as a firewall, exists between its
Select Index and investors are notified actual country representation during the trading desk and the research persons
of the index substitution. The Vanguard relevant period). responsible for maintaining the Index.
Group, Inc., as investment adviser to the MSCI (http://www.msci.com)
administers the Emerging Markets Index 2. Statutory Basis
Fund (‘‘Vanguard’’), recently decided to
substitute the Select Index with the exclusively. Similar to the Select Index, The Exchange believes that the
Vanguard Emerging Markets Index the Emerging Markets Index is a proposed rule change is consistent with
(‘‘Emerging Markets Index’’) and issued capitalization-weighted index whose Section 6(b) 11 of the Act, in general, and
a press release announcing such component securities are adjusted for furthers the objectives of Section
substitution.8 available float and must meet objective 6(b)(5) 12 in particular in that it is
According to the Amex Proposal, the criteria for inclusion in the Index. The designed to prevent fraudulent and
Select Index 9 is modeled on the more Emerging Markets Index aims to capture manipulative acts and practices, to
expansive Emerging Markets Index with 85% of the publicly available total promote just and equitable principles of
certain adjustments designed to reduce market capitalization in each emerging trade, to foster cooperation and
risk including the exclusion of countries market included in the Emerging coordination with persons engaged in
because of concerns about illiquidity, Markets Index. The Emerging Markets facilitating transactions in securities,
repatriation of capital, or entry barriers Index is rebalanced quarterly, calculated and to remove impediments to and
to those markets. As of June 13, 2006, in U.S. Dollars on a real time basis, and perfect the mechanisms of a free and
Colombia, Egypt, Jordan, Malaysia, disseminated every 60 seconds during open market and a national market
Morocco, Pakistan, Russia, Sri Lanka, market trading hours.
system.
The Fund’s investment objectives,
and Venezuela were excluded from the In addition, the proposed rule change
policies and methodology, MSCI’s index
Select Index due to the above noted is consistent with Rule 12f–5 13 under
maintenance procedures and standards
concerns. Because emerging markets, the Act because it deems the Shares to
and the dissemination of Index
such as Russia and Malaysia, have be equity securities, thus rendering the
information as described in the
become more liquid and accessible, Shares subject to the Exchange’s rules
Approval Order and the Amex Approval
Vanguard believes that additional Order will not be affected by the index governing the trading of equity
emerging market countries now warrant substitution. For example, the Fund will securities.
inclusion in the Fund. The addition of continue to employ a ‘‘representative
these emerging markets to the Select B. Self-Regulatory Organization’s
sampling’’ methodology to track the Statement on Burden on Competition
Index would result in a benchmark that Emerging Markets Index, which means
is effectively the same as the Emerging that the Fund invests in a representative The Exchange does not believe that
Markets Index. As a result, it is sample of securities in the Index that the proposed rule change will impose
proposed that the Emerging Markets have a similar investment profile as the any burden on competition that is not
Index be substituted for the Select Index.10 The Exchange believes that the necessary or appropriate in furtherance
Index. Fund’s investment policies will of the purposes of the Act.
The Emerging Markets Index provides continue to prevent the Fund from being
exposure to 25 emerging market C. Self-Regulatory Organization’s
excessively weighted in any single Statement on Comments on the
countries whereas the Select Index only security or small group of securities and
provides exposure to 18 emerging Proposed Rule Change Received From
significantly reduce concerns that Members, Participants or Others
market countries. As of August 24, 2006, trading in the ETF Shares could become
the Emerging Markets Index was a surrogate for trading in unregistered No written comments on the proposed
comprised of 848 constituents with the securities. It is also expected that the rule change were solicited or received.
top five constituents representing the expense ratios of the ETF Shares will
III. Solicitation of Comments
6 See
remain at 0.30% and the Fund will not
SR–Amex–2006–95 (September 29, 2006)
(the ‘‘Amex Proposal’’).
generate any capital gains as a result of Interested persons are invited to
7 MSCI is a service mark of Morgan Stanley & the substitution. submit written data, views, and
Co. Incorporated. The Exchange has reviewed the arguments concerning the foregoing,
8 See http://onlinepressroom.net/vanguard/. Emerging Markets Index and believes including whether the proposed rule
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9 The Select Index includes approximately 668


change is consistent with the Act.
common stocks of companies located in Argentina, 10 As of August 24, 2006, the Fund was comprised
Brazil, Chile, China, Czech Republic, Hungary, of 851 constituents, according to the Amex
11 15 U.S.C. 78f(b).
India, Indonesia, Israel, Korea, Mexico, Peru, Proposal. The aggregate percentage weighting of the
12 15 U.S.C. 78f(b)(5).
Philippines, Poland, South Africa, Taiwan, top 5, 10, and 20 constituents in the Fund were
Thailand and Turkey. 11.07%, 18.17% and 28.09%, respectively. 13 17 CFR 240.12f–5.

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62636 Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Notices

Comments may be submitted by any of rule change is consistent with Section (3) The student earned income
the following methods: 6(b)(5) of the Act,15 which requires that exclusion to be $1,510 per month in
an exchange have rules designed, among 2007 but not more than $6,100 in all of
Electronic Comments
other things, to promote just and 2007;
• Use the Commission’s Internet equitable principles of trade, to remove (4) The dollar fee limit for services
comment form (http://www.sec.gov/ impediments to and perfect the performed as a representative payee to
rules/sro.shtml); or mechanism of a free and open market be $34 per month ($66 per month in the
• Send an e-mail to rule- and a national market system, and in case of a beneficiary who is disabled
comments@sec.gov. Please include File general to protect investors and the and has an alcoholism or drug addiction
Number SR–NYSEArca–2006–74 on the public interest. condition that leaves him or her
subject line. The Commission finds good cause for incapable of managing benefits) in 2007;
Paper Comments approving this proposed rule change (5) The dollar limit on the
before the thirtieth day after the administrative-cost assessment charged
• Send paper comments in triplicate
publication of notice thereof in the to attorneys representing claimants to be
to Nancy M. Morris, Secretary,
Securities and Exchange Commission, Federal Register. As noted above, the $77 in 2007;
Station Place, 100 F Street, NE., Commission previously found that the (6) The national average wage index
Washington, DC 20549–1090. trading of these ETF Shares on the for 2005 to be $36,952.94;
Exchange is consistent with the Act.16 (7) The Old-Age, Survivors, and
All submissions should refer to File
Substituting the Emerging Markets Disability Insurance (OASDI)
Number SR–NYSEArca–2006–74. This
Index for the Select Index does not contribution and benefit base to be
file number should be included on the
change the Commission’s analysis, and $97,500 for remuneration paid in 2007
subject line if e-mail is used. To help the
the Commission believes accelerating and self-employment income earned in
Commission process and review your
approval of this proposed rule change is taxable years beginning in 2007;
comments more efficiently, please use
appropriate. (8) The monthly exempt amounts
only one method. The Commission will
under the Social Security retirement
post all comments on the Commission’s V. Conclusion
earnings test for taxable years ending in
Internet Web site (http://www.sec.gov/ It is therefore ordered, pursuant to calendar year 2007 to be $1,080 and
rules/sro.shtml). Copies of the Section 19(b)(2) of the Act, that the
submission, all subsequent $2,870;
proposed rule change (SR–NYSEArca– (9) The dollar amounts (‘‘bend
amendments, all written statements
2006–74), is hereby approved on an points’’) used in the primary insurance
with respect to the proposed rule
accelerated basis.17 amount benefit formula for workers who
change that are filed with the
Commission, and all written For the Commission, by the Division of become eligible for benefits, or who die
communications relating to the Market Regulation, pursuant to delegated before becoming eligible, in 2007 to be
proposed rule change between the authority.18 $680 and $4,100;
Commission and any person, other than Nancy M. Morris, (10) The dollar amounts (‘‘bend
those that may be withheld from the Secretary. points’’) used in the formula for
public in accordance with the [FR Doc. E6–17989 Filed 10–25–06; 8:45 am] computing maximum family benefits for
provisions of 5 U.S.C. 552, will be BILLING CODE 8011–01–P
workers who become eligible for
available for inspection and copying in benefits, or who die before becoming
the Commission’s Public Reference eligible, in 2007 to be $869, $1,255, and
Room. Copies of such filing also will be SOCIAL SECURITY ADMINISTRATION $1,636;
available for inspection and copying at (11) The amount of taxable earnings a
the principal offices of the Exchange. [Document No. 2006 SSA–0088] person must have to be credited with a
All comments received will be posted quarter of coverage in 2007 to be $1,000;
without change; the Commission does Office of the Commissioner; Cost-of- (12) The ‘‘old-law’’ contribution and
not edit personal identifying Living Increase and Other benefit base to be $72,600 for 2007;
information from submissions. You Determinations for 2007 (13) The monthly amount deemed to
should submit only information that constitute substantial gainful activity for
AGENCY: Social Security Administration. statutorily blind individuals in 2007 to
you wish to make available publicly. All
submissions should refer to File ACTION: Notice. be $1,500, and the corresponding
Number SR–NYSEArca–2006–74 and amount for non-blind disabled persons
SUMMARY: The Commissioner has
should be submitted on or before to be $900;
determined— (14) The earnings threshold
November 16, 2006. (1) A 3.3 percent cost-of-living establishing a month as a part of a trial
IV. Commission’s Findings and Order increase in Social Security benefits work period to be $640 for 2007; and
Granting Accelerated Approval of under title II of the Social Security Act (15) Coverage thresholds for 2007 to
Proposed Rule Change (the Act), effective for December 2006; be $1,500 for domestic workers and
The Commission finds that the (2) An increase in the Federal $1,300 for election workers.
proposed rule change is consistent with Supplemental Security Income (SSI)
FOR FURTHER INFORMATION CONTACT:
the requirements of the Act and the monthly benefit amounts under title
XVI of the Act for 2007 to $623 for an Jeffrey L. Kunkel, Office of the Chief
rules and regulations thereunder Actuary, Social Security
applicable to a national securities eligible individual, $934 for an eligible
individual with an eligible spouse, and Administration, 6401 Security
exchange.14 In particular, the Boulevard, Baltimore, MD 21235, (410)
ycherry on PROD1PC64 with NOTICES

Commission finds that the proposed $312 for an essential person;


965–3013. Information relating to this
15 15 U.S.C. 78f(b)(5). announcement is available on our
14 In approving this rule change, the Commission

notes that it has considered the proposed rule’s


16 See Approval Order, supra note 4. Internet site at www.socialsecurity.gov/
impact on efficiency, competition, and capital 17 15 U.S.C. 78s(b)(2). OACT/COLA/index.html. For
formation. See 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12). information on eligibility or claiming

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