10808 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 

9 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 17 CFR 242.611. 

5See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005). 

6The Trading Phase Date is currently March 5, 

2007. 

7As defined in Reg. NMS, a ‘‘trade-through’’ is 

the ‘‘purchase or sale of an NMS stock during the 

regular trading hours, either as principal or agent, 

at a price that is lower than a protected bid or 

higher than a protected offer.’’ 17 CFR 

242.600(b)(77). 

8 17 CFR 242.611. 

9The Pilot Stocks Phase is currently set to begin 

on July 9, 2007. 

10 17 CFR 242.611. 

appropriate in the public interest, for 

the protection of investors, or otherwise 

in furtherance of the purposes of the 

Act. 

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 (http:/www.sec.gov/ 

rules/ sro.shtml); or 

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

No. SR–NSCC–2007–04 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–NSCC–2007–04. 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 (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 

Section, 100 F Street, NE., Washington, 

DC 20549. Copies of such filing also will 

be available for inspection and copying 

at NSCC’s principal office and on 

NSCC’s Web site at http:// 

www.nscc.com/legal/index.html. 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 

submission should refer to File No. SR–

NSCC–2007–04 and should be 

submitted on or before March 30, 2007. 

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–4189 Filed 3–8–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55387; File No. SR–NYSE–

2007–23] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend Rule 

15A.50 Clarifying the Circumstances 

Under Which the Exchange Will 

Automatically Route Orders to Other 

Market Centers to Prevent TradeThroughs, and Rename Rule 15A 

March 2, 2007. 

Pursuant to Section 19(b)(1)1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’)2 and Rule 19b–4 thereunder,3

notice is hereby given that on March 1, 

2007, the New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘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 

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 

Rule 15A.50 to describe how tradethroughs will be prevented on the 

Exchange in conformance with the 

Order Protection Rule (‘‘OPR’’)4 of 

Regulation National Market System 

(‘‘Reg. NMS’’)5 beginning on the Trading 

Phase Date of Reg. NMS,6 and to rename 

Rule 15A the ‘‘Order Protection Rule.’’

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. 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 

The NYSE proposes to amend Rule 

15A.50 to reflect the circumstances 

under which the Exchange will 

automatically route orders to other 

market centers to prevent tradethroughs7 on its market, beginning on 

the Trading Phase Date of Reg. NMS. 

The avoidance of trade-throughs on the 

Exchange has been governed by Section 

8(d)(i) (Order Protection—Trade 

Throughs; Locked Markets) and the 

related provisions of Section B of the 

ITS Plan, and NYSE Rule 15A (ITS 

‘‘Trade-Throughs’’ And ‘‘Locked 

Markets’’), implemented as a function of 

the Exchange’s participation in the ITS 

Plan. Presently, NYSE Rule 15A.50 

describes the circumstances under 

which the Exchange will route orders to 

other market centers to avoid trade 

throughs according to parameters 

established by the ITS Plan. However, it 

is expected that the termination of the 

ITS Plan will coincide with the Trading 

Phase Date. More significantly, the 

Exchange is required to fully operate a 

Reg. NMS-compliant trading system, 

which includes compliance with Rule 

611 of Reg. NMS,8 no later than the 

Trading Phase Date in order to qualify 

NYSE quotations for trade-through 

protection beginning with the Pilot 

Stocks Phase and beyond.9

The Exchange notes that it completed 

Phase IV of the Hybrid MarketSM rollout 

on February 28, 2007. 

The rule amendment proposed herein 

is intended to conform Rule 15A.50 in 

recognition of certain Phase IV changes 

that were made to Exchange trading 

systems to be consistent with the 

requirements of Rule 611 of Reg. NMS,10

as well as the elimination of the ITS 

Plan. Specifically, the amendment seeks 

to update NYSE Rule 15A.50 to describe 

the conditions under which the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10809 

11NYSE Rule 19 governs locking or crossing 

protected quotations in NMS stocks. Additionally, 

a forthcoming filing will propose conforming 

changes to NYSE rules to reflect the elimination of 

the ITS Plan. 

12 17 CFR 242.600(b)(57). 

13See Letter from Mary Yeager, Assistant 

Secretary, NYSE, to Nancy M. Morris, Secretary, 

Commission, dated March 1, 2007. 

14 15 U.S.C. 78f(b)(5). 

15 15 U.S.C. 78s(b)(3)(A). 

16 17 CFR 240.19b–4(f)(6). 

17Rule 19b–4(f)(6)(iii) under the Act requires that 

a self-regulatory organization submit to the 

Commission written notice of its intent to file the 

proposed rule change, along with a brief description 

and text of the proposed rule change, at least five 

business days prior to the date of filing of the 

proposed rule change, or such shorter time as 

designated by the Commission. NYSE has satisfied 

the pre-filing requirement. 

18For purposes only of waiving the 30-day 

operative delay of the proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

19See 15 U.S.C. 78s(b)(3)(C). 20 17 CFR 200.30–3(a)(12). 

Exchange will automatically route 

orders to other markets to prevent tradethroughs beginning on the Trading 

Phase Date. Further, the filing seeks to 

rename NYSE Rule 15A from ‘‘ITS 

‘Trade-Throughs’ And ‘Locked 

Markets’ ’’ to ‘‘Order Protection Rule.’’11

In addition, the NYSE has requested 

from the Commission limited no-action 

relief with respect to the Exchange’s 

obligation to route orders, in accordance 

with amended Rule 15A.50, proposed 

herein, to protected quotations, as 

defined in Rule 600(b)(57) under the 

Act,12 of NASD ADF participants and 

the International Stock Exchange, LLC 

beginning on Reg. NMS’s Trading Phase 

Date until April 5, 2007.13

2. Statutory Basis 

The basis under the Act for this 

proposed rule change is the requirement 

under Section 6(b)(5) 14 that an 

Exchange have rules that are designed to 

promote just and equitable principles of 

trade, to 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. 

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 

The proposed rule change has become 

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

of the Act 15 and Rule 19b–4(f)(6) 

thereunder 16 because the proposal does 

not: (i) Significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate if 

consistent with the protection of 

investors and the public interest.17

NYSE has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

such waiver is consistent with the 

protection of investors and the public 

interest because the proposed rule 

change will allow the Exchange to 

implement, without delay, its amended 

Rule 15A.50 to specify the 

circumstances under which the 

Exchange will automatically route 

orders to other market centers to prevent 

trade-throughs on its market beginning 

on March 5, 2007, which marks the 

Trading Phase Date of Regulation NMS 

and the expected termination of the ITS 

Plan. Accordingly, the Commission 

hereby designates the proposed rule 

change to be operative on March 5, 

2007.18

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act.19

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–NYSE–2007–23 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 

Number SR–NYSE–2007–23. 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 (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 the 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 

Number SR–NYSE–2007–23 and should 

be submitted on or before March 30, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–4186 Filed 3–8–07; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 5717] 

60-Day Notice of Proposed Information 

Collection: DS–2031, Shrimp 

Exporter’s/Importer’s Declaration, 

OMB Control Number 1405–0095 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 


jlentini on PROD1PC65 with NOTICES