Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices 66211 

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). 

5The Exchange has asked the Commission to 

waive the 5-day pre-filing notice requirement and 

the 30-day operative delay. See 15 U.S.C. 

78s(b)(3)(A), 17 CFR 240.19b–4(f)(6)(iii). 

6See Securities Exchange Act Release No. 54238 

(July 28, 2006), 71 FR 44758 (August 7, 2006) (SR–

NYSEArca–2006–13) (OX Approval Order). 

7 17 CFR 240.17d–2. 

8Archipelago Securities, a wholly-owned 

subsidiary of Archipelago Holdings, Inc. and a 

registered broker-dealer, acts as the outbound order 

router for the NYSE Arca Marketplace (formerly 

known as the Archipelago Exchange) and, as such, 

is regulated as an exchange ‘‘facility’’ of NYSE Arca 

and NYSE Arca Equities, Inc. See 15 U.S.C. 

78c(a)(2). As such, any proposed rule change 

relating to Archipelago Securities’ order-routing 

function must be filed with the Commission, and 

must operate in a manner that is consistent with the 

provisions of the Act applicable to exchanges and 

with NYSE Arca rules. 

9See OX Approval Order, supra note 6. Pursuant 

to NYSE Arca Rule 6.1A(a)(15), which was adopted 

in connection with the establishment of the new OX 

trading platform, the term ‘‘OX Routing Broker’’

refers to the broker-dealer affiliate of the Exchange 

that acts as agent for routing orders entered into OX 

of OTP Holders, OTP Firms and OTP Firms’

Sponsored Participants to other Market Centers for 

execution whenever such routing is permitted by 

Exchange Rules. Archipelago Securities is the 

Exchange’s only OX Routing Broker. 

10See OX Approval Order, supra note 6. 

11 17 CFR 240.17d–1. 

Replaced Portfolios, their advisers or 

underwriters (or their affiliates), 

including without limitation 12b–l, 

shareholder service, administration or 

other service fees, revenue sharing or 

other arrangements in connection with 

such assets. Annuity Investors 

represents that the Substitutions and the 

selection of the Replacement Portfolios 

were not motivated by any financial 

consideration paid or to be paid by the 

Replacement Portfolios, their advisers or 

underwriters, or their respective 

affiliates. 

Conclusion 

For the reasons and upon the facts set 

forth above, Applicants submit that the 

requested order meets the standards set 

forth in Section 26(c). Applicants 

request an order of the Commission, 

pursuant to Section 26(c) of the Act, 

approving the Substitutions. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–19075 Filed 11–9–06; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of FuelNation, Inc. and 

Sytron, Inc.; Order of Suspension of 

Trading 

November 8, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of FuelNation, 

Inc. because it has not filed any periodic 

reports since it filed a Form 10–QSB for 

the period ended March 31, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Sytron, Inc. 

because it has not filed any periodic 

reports since it filed a Form 10–SB on 

February 1, 2000. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the abovelisted companies is suspended for the 

period from 9:30 a.m. EST on November 

8, 2006, through 11:59 p.m. EST on 

November 21, 2006. 

By the Commission. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 06–9189 Filed 11–8–06; 11:55 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54690; File No. SR–

NYSEArca–2006–79] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Extending the 

Time Period by Which the Exchange 

Will Amend the NASD–NYSE Arca 

Options Agreement Pursuant to Rule 

17d–2 

November 2, 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 October 

25, 2006, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. The Exchange filed the 

proposal as a ‘‘non-controversial’’ 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is proposing to amend 

its undertaking 6 to extend for 90 days 

from the date of this filing the time 

period by which the Exchange will enter 

into an agreement with the National 

Association of Securities Dealers, Inc. 

(‘‘NASD’’) pursuant to Rule 17d–2 

under the Act 7 (the ‘‘NASD / NYSE 

Arca Options Agreement’’ or 

‘‘Agreement’’). The Agreement would 

expand the allocation to NASD of 

regulatory responsibility to encompass 

all the regulatory oversight and 

enforcement responsibilities with 

respect to the options activities of 

Archipelago Securities, L.L.C. 

(‘‘Archipelago Securities’’),8 except for 

‘‘real-time market surveillance.’’

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 

In connection with the Commission’s 

approval of the Exchange’s new 

electronic options trading platform, OX, 

Archipelago Securities became a routing 

broker for OX options orders on the 

Exchange.9 In Amendment No. 3 to its 

filing seeking approval of the OX 

platform,10 the Exchange proposed to 

clarify that NASD, a self-regulatory 

organization unaffiliated with the 

Exchange or any of its affiliates, would 

continue to carry out oversight and 

enforcement responsibilities as the 

Designated Examining Authority 

designated by the Commission pursuant 

to Rule 17d–1 under the Act 11 with the 


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