Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 8233 

14 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The Commission approved Exchange listing of 

streetTRACKS Gold Shares in Securities Exchange 

Act Release No. 50603 (October 28, 2004), 69 FR 

64614 (November 5, 2004) (SR–NYSE–2004–22). 

The Exchange indicated in such filing that the 

listing fee for the streetTRACKS Gold Trust was 

$5,000. 

4 17 CFR 240.19b–4. 

5See, e.g., Securities Exchange Act Release No. 

54020 (June 20, 2006), 71 FR 36579 (June 27, 2006) 

(SR–NYSE–2006–35) (Listing of Six CurrencyShares 

Trusts). 

6 Id. 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of NASDAQ. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NASDAQ–2007–003 and 

should be submitted on or before March 

16, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–3093 Filed 2–22–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55299; File No. SR–NYSE–

2007–01] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing of Proposed Rule Change to 

Amend Listing and Annual Fees 

Applicable to Investment Company 

Units, Currency Trust Shares, 

Commodity Trust Shares and 

streetTRACKS Gold Shares 

February 15, 2007. 

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 January 

24, 2007, the New York Stock Exchange 

LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule changes as described in 

Items I, II and III below, which Items 

have been substantially prepared by the 

NYSE. The Commission is publishing 

this notice to solicit comments on the 

proposed rule changes from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Changes 

The Exchange proposes to amend 

initial listing fees and annual fees 

applicable to Investment Company 

Units (‘‘ICUs’’), Currency Trust Shares, 

Commodity Trust Shares and 

streetTRACKS Gold Shares in Section 

902.07 of the NYSE Listed Company 

Manual (‘‘Manual’’), and to make 

conforming amendments to Sections 

902.02 and 902.03 of the Manual. The 

text of the proposed rule change is 

available at the Commission’s Public 

Reference Room, at the NYSE, and at its 

Web site: http://www.nyse.com/ 

Frameset.html?displayPage=http:// 

apps.nyse.com/commdata/pub19b4.nsf/ 

rulefilings?openview. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In filings with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The NYSE 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 

The Exchange proposes to amend the 

Listing Fees and Annual Fees in Section 

902.07 of the Manual applicable to 

Investment Company Units listed under 

Section 703.16, and to apply such fees 

to Currency Trust Shares as defined in 

Exchange Rule 1300A, Commodity 

Trust Shares as defined in Exchange 

Rule 1300B, and streetTRACKS Gold 

Shares as defined in Exchange Rule 

1300. The Exchange also proposes to 

make conforming amendments to 

Sections 902.02 (General Information on 

Fees) and 902.03 (Fees for Listed Equity 

Securities) of the Manual. 

Listing Fees 

The Exchange currently imposes a flat 

Original Listing Fee of $5,000 in 

connection with listing a series of 

Investment Company Units. The 

Exchange proposes to amend Section 

902.07 to specify that a $5,000 Listing 

Fee will also be imposed in connection 

with the initial listing of each issue of 

Currency Trust Shares as defined in 

NYSE Rule 1300A and Commodity 

Trust Shares as defined in NYSE Rule 

1300B. In addition, the proposed 

amendment reflects the $5,000 Listing 

Fee applicable to the currently-listed 

streetTRACKS Gold Trust.3 The 

Exchange has previously specified in its 

filings pursuant to Rule 19b–4 4 under 

the Act with respect to Currency Trust 

Shares and Commodity Trust Shares 

that a $5,000 initial listing fee applies,5

and the Exchange believes it is 

appropriate to include such fee in the 

Exchange’s Listing Fee schedule in 

Section 902.07. 

Annual Fees 

The Exchange currently imposes a flat 

Annual Fee of $2,000 for each series of 

ICUs listed on the Exchange. The 

Exchange has previously specified in its 

filings pursuant to Rule 19b–4 with 

respect to streetTRACKS Gold Shares, 

Currency Trust Shares and Commodity 

Trust Shares that a $2,000 annual fee 

applies,6 and the Exchange believes it is 

appropriate to include the Annual Fee, 

as proposed to be amended, in the 

Exchange’s Listing Fee schedule in 

Section 902.07. 

The proposed Annual Fee will be 

tiered based on the number of shares 

outstanding of each issue of ICUs, 

Currency Trust Shares or Commodity 

Trust Shares, and to streetTRACKS

Gold Shares as follows: 

Number of Shares Outstanding 

(each issue) Annual Fee 

Less than 25 million ................. $2,000 

25 million up to 50 million ........ 4,000 

50 million up to 99,999,999 ...... 8,000 

100 million up to 249,999,999 .. 15,000 

250 million up to 499,999,999 .. 20,000 

500 million and over ................. 25,000 

The Annual Fee will be billed each 

calendar quarter and will be 

apportioned based on the number of 

shares outstanding for an issue at the 

end of the preceding calendar quarter, 

as described below. 


cprice-sewell on PROD1PC61 with NOTICES
8234 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 

7 15 U.S.C. 78f(b)(4). 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

The Listing Fee schedule for ICUs is 

not being changed as to amount, but 

would be amended to include 

application of the $5,000 Listing Fee to 

specified securities other than ICUs. The 

revised Annual Fee will be billed 

quarterly in arrears effective as of 

January 1, 2007. As such, billing for the 

first calendar quarter of 2007 will be 

based on the number of shares 

outstanding for an issue on March 30, 

2007. For example, for an issue with 45 

million shares outstanding on March 30, 

2007, the Annual Fee payable for the 

quarter would be $1,000 ($4,000 Annual 

Fee divided by 4). If, at the end of the 

second calendar quarter of 2007, the 

number of shares outstanding for such 

issue increased to 55 million, the 

Annual Fee payable for such quarter 

would be $2,000 ($8,000 Annual Fee 

divided by 4). The Exchange believes it 

is appropriate to apply the revised 

Annual Fees to issuers of the specified 

securities as of January 1, 2007 to permit 

the Exchange to apply the fee in the 

same manner to all such issuers, 

including those listed on the Exchange 

in the first quarter of 2007. 

The Exchange further proposes to 

amend Section 902.02 of the Manual 

(General Information on Fees) to 

specify: (1) That the fees set forth in 

Section 902 are also applicable to ICUs, 

streetTRACKS Gold Shares, Currency 

Trust Shares and Commodity Trust 

Shares; (2) that Listing Fees are based on 

the number of shares issued and 

outstanding, with the exception of ICUs, 

streetTRACKS Gold Shares, Currency 

Trust Shares, and Commodity Trust 

Shares; (3) that Annual Fees are 

calculated on a per share basis, with the 

exception of ICUs, streetTRACKS Gold 

Shares, Currency Trust Shares, and 

Commodity Trust Shares; and (4) that 

the $500,000 per year fee cap in Section 

902.02 does not apply to ICUs, 

streetTRACKS Gold Shares, Currency 

Trust Shares, and Commodity Trust 

Shares. Section 902.03 of the Manual 

(Fees for Listed Equity Securities) is 

proposed to be amended to specify that 

such section does not apply to 

streetTRACKS Gold Shares, Currency 

Trust Shares, and Commodity Trust 

Shares (in addition to ICUs, closed-end 

funds, structured products, and shortterm securities.) 

2. Statutory Basis 

The basis under the Act for this 

proposed rule change is the requirement 

under Section 6(b)(4) of the Act 7 that an 

exchange have rules that provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members, issuers and other persons 

using its facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve such proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form at http://www.sec.gov/ 

rules/sro.shtml; or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

No. SR–NYSE–2007–01 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File No. 

SR–NYSE–2007–01. This file number 

should be included on the subject line 

if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site at http://www.sec.gov/ 

rules/sro.shtml. Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549. Copies of such filing also will 

be available for inspection and copying 

at the principal office of the Exchange. 

All comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File No. 

SR–NYSE–2007–01 and should be 

submitted on or before March 16, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–3066 Filed 2–22–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55295; File No. SR–

NYSEArca–2007–13] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to NYSE Arca 

Marketplace Trading Sessions 

February 14, 2007. 

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 February 

6, 2007, NYSE Arca, Inc. (‘‘NYSE Arca’’

or ‘‘Exchange’’), through its wholly 

owned subsidiary NYSE Arca Equities, 

Inc. (‘‘NYSE Arca Equities’’), filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been substantially prepared by the 

Exchange. The Exchange filed the 

proposal pursuant to Section 19(b)(3)(A) 


cprice-sewell on PROD1PC61 with NOTICES