Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices 12653 

6 17 CFR 200.30–3(a)(12). 

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)(2). 

5See NYSE Arca Equities Rule 1.1(n). 

6See Securities Exchange Act Release No. 54742 

(November 13, 2006), 71 FR 67179 (November 20, 

2006) (SR–NASD–2006–122). See also Securities 

Exchange Act Release Nos. 54932 (December 13, 

2006), 71 FR 76406 (December 20, 2006) (SR–

NASD–2006–132); 55137 (January 19, 2007), 72 FR 

3452 (January 25, 2007) (SR–NASDAQ–2006–068); 

and 55284 (February 13, 2007), 72 FR 8231 

(February 23, 2007) (SR–NASDAQ–2007–003). 

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

8 15 U.S.C. 78f(b)(4). 

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–NYSEArca–2007–24 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–NYSEArca–2007–24. 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–NYSEArca–2007–24 and 

should be submitted on or before April 

6, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–4786 Filed 3–15–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55435; File No. SR–

NYSEArca–2007–23] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending Fees for 

Round-Lot Transactions in NYSEListed Securities (Other Than ETFs) 

Routed Outside the Book 

March 9, 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 

26, 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, II, and III below, which Items 

have been substantially prepared by 

NYSE Arca. NYSE Arca has filed the 

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

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the proposal 

effective upon filing with the 

Commission. 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 proposes to amend the 

section of its Schedule of Fees and 

Charges for Exchange Services (‘‘Fee 

Schedule’’) that applies to round-lot 

transactions by ETP Holders 5 in 

securities (other than exchange-traded 

funds, or ‘‘ETFs’’) listed on the New 

York Stock Exchange LLC (‘‘NYSE’’). 

While changes to the Fee Schedule 

pursuant to this proposal will be 

effective upon filing, the changes will 

become operative on March 1, 2007. The 

text of the proposed rule change is 

available at NYSE Arca, the 

Commission’s Public Reference Room, 

and http://www.nysearca.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NYSE Arca 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. NYSE 

Arca 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 

section of its Fee Schedule that applies 

to round-lot transactions by ETP 

Holders in NYSE-listed securities (other 

than ETFs). While changes to the Fee 

Schedule pursuant to this proposal will 

be effective upon filing, the changes will 

become operative on March 1, 2007. 

The Fee Schedule currently provides 

that ETP Holders are charged $0.001 per 

share for round-lot transactions in 

NYSE-listed securities that are routed 

outside the NYSE Arca Book. The 

Exchange proposes to amend its Fee 

Schedule to increase this fee to $0.003 

per share for such routed orders 

executed at any away market center 

other than the NYSE. ETP Holders will 

continue to be charged $0.001 per share 

for round-lot transactions in NYSElisted securities that are routed to, and 

executed on, the NYSE. The Exchange 

proposes to increase this fee in direct 

response to the recent fee announced by 

The NASDAQ Stock Market LLC 

(‘‘Nasdaq’’) of $0.003 per share for 

orders that remove liquidity from the 

Nasdaq Market Center for NYSE-, Amexand regional-listed securities (excluding 

ETFs), effective January 1, 2007.6

Specifically, the Exchange proposes this 

increase so that it may pass through to 

its ETP Holders the increased fee that 

Nasdaq is charging the Exchange for 

such ETP Holders’ transactions. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

provisions of Section 6(b) of the Act,7 in 

general, and with Section 6(b)(4) of the 

Act,8 in particular, in that the proposal 


sroberts on PROD1PC70 with NOTICES
12654 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices 

9 15 U.S.C. 78s(b)(3)(A)(ii). 

10 17 CFR 240.19b–4(f)(2). 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 55232 

(February 2, 2007), 72 FR 6308. 

4Archipelago Securities is a registered brokerdealer, a member of several self-regulatory 

organizations including the NASD, and a facility of 

the Exchange. 

5See Securities Exchange Act Release No. 44983 

(October 25, 2001), 66 FR 55225 (November 1, 2001) 

(SR–PCX–00–25). 

6See Securities Exchange Act Release No. 52497 

(September 22, 2005), 70 FR 56949 (September 29, 

2005) (SR–PCX–2005–90) (‘‘Archipelago/PCX 

Acquisition Release’’). 

7Recently, the Commission approved the 

expansion of the business activities of Archipelago 

Securities to include, as a facility of the Exchange, 

the function of routing option orders for members 

of the Exchange. See Securities Exchange Act 

Release No. 54238 (July 28, 2006), 71 FR 44758 

(August 7, 2006) (SR–NYSEArca–2006–13). 

provides for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members 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 

Written comments on the proposed 

rule change were neither solicited nor 

received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change is 

subject to Section 19(b)(3)(A)(ii) of the 

Act 9 and subparagraph (f)(2) of Rule 

19b–4 thereunder 10 because it 

establishes or changes a due, fee, or 

other charge applicable only to a 

member imposed by the self-regulatory 

organization. Accordingly, the proposal 

is effective upon Commission receipt of 

the filing. 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. 

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–NYSEArca–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–NYSEArca–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 NYSE Arca. 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–NYSEArca–2007–23 and 

should be submitted on or before April 

6, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–4787 Filed 3–15–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55442; File No. SR–

NYSEArca–2007–09] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Granting Approval of 

Proposed Rule Change Relating to the 

Expansion of Business Activities of 

Archipelago Securities, L.L.C. 

March 12, 2007. 

I. Introduction 

On January 25, 2007, the NYSE Arca, 

Inc. (‘‘NYSE Arca’’ or the ‘‘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 proposal to allow 

Archipelago Securities, L.L.C. 

(‘‘Archipelago Securities’’) to act as a 

marketing agent on behalf of the NYSE 

Arca Tech 100 Index (the ‘‘Index’’) and 

the NYSE Arca Tech 100 ETF (the 

‘‘ETF’’) and provide reasonable services 

attendant thereto. The proposed rule 

change was published for comment in 

the Federal Register on February 9, 

2007.3 The Commission received no 

comments regarding the proposal. This 

order approves the proposed rule 

change. 

II. Description of the Proposal 

Archipelago Securities 4 succeeded 

Wave Securities, L.L.C. (‘‘Wave’’), 

which was approved by the Commission 

to operate as a facility of the Exchange,5

and assumed some of Wave’s duties, 

including Wave’s function as the 

outbound router for the Exchange. 

Pursuant to the order approving rule 

changes proposed by the Exchange in 

connection with the acquisition of the 

Exchange (formerly Pacific Exchange, 

Inc.) by Archipelago Holdings, Inc., now 

the parent company of the Exchange, 

any expansion of the business activities 

of Archipelago Securities must be 

approved by the Commission.6

NYSE Arca is now proposing to 

expand the business activities of 

Archipelago Securities to allow 

Archipelago Securities to act as a 

marketing agent on behalf of the Index 

and the ETF and provide reasonable 

services attendant thereto.7 In the 

proposal, the Exchange represents that 

as marketing agent for the Index and the 

ETF, Archipelago Securities will 

develop a marketing plan designed to 

advertise, promote, and increase public 

awareness of the Index and the ETF 

within the financial services industry 

and investing public (‘‘Marketing 

Plan’’), including: branding; 

promotional activities; development and 

design of marketing materials, collateral 


sroberts on PROD1PC70 with NOTICES