15750 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 

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

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78s(b)(3)(A)(iii). 11 17 CFR 19b–4(f)(5). 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 55299 

(February 15, 2007), 72 FR 8233. 

condition halt will be immediately 

routed to NYSE Arca, where they will 

be handled in accordance with the rules 

governing that market. This process will 

facilitate customers who maintain 

systems connectivity with the Exchange, 

but may not have direct connectivity 

with NYSE Arca. If the entity entering 

the order on the Exchange is not an 

NYSE Arca ‘‘ETP Holder’’ as defined in 

NYSE Arca Rule 1.1(m), such order will 

be cancelled by NYSE Arca when 

received. Similarly, if an order routed 

by the NYSE to NYSE Arca contains 

execution instructions not supported by 

NYSE Arca, such order will be 

cancelled by NYSE Arca when received. 

In addition, NYSE Rule 123D(3) is 

amended to reflect that the Exchange 

will cancel any open limit orders in the 

Display Book system with respect to 

securities that become subject to a ‘‘Subpenny Trading’’ condition halt. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act,8

in general, and furthers the objectives of 

Section 6(b)(5) of the Act,9 in particular, 

in that it is designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system. 

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 foregoing proposed rule change 

has become effective upon filing 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 10 and Rule 19b–4(f)(5) 

thereunder 11 because it effects a change 

in an existing order-entry or trading 

system of a self-regulatory organization 

that: (i) Does not significantly affect the 

protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) does not have the effect of limiting 

the access to or availability of the 

system. 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–NYSE–2007–30 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2007–30. 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 such filing also will be 

available for inspection and copying at 

the principal offices 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–2007–30 and should 

be submitted on or before April 23, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–5965 Filed 3–30–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55536; File No. SR–NYSE–

2007–01] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Order 

Approving Proposed Rule Change to 

Amend Listing and Annual Fees 

Applicable to Investment Company 

Units, Currency Trust Shares, 

Commodity Trust Shares and 

streetTRACKS Gold Shares 

March 27, 2007. 

On January 24, 2007, the New York 

Stock Exchange LLC (‘‘NYSE’’ or 

‘‘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 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 proposed rule change was 

published for comment in the Federal 

Register on February 23, 2007.3 The 

Commission did not receive any 

comments regarding the proposal. This 

order approves the proposed rule 

change. 

Under the proposed rule change, the 

current flat $5,000 Listing Fee for each 

series of ICUs will be broadened to also 

apply to each series of streetTRACKS

Gold Shares and each issue of Currency 

Trust Shares and Commodity Trust 

Shares. Further, the Listing and Annual 

Fees for ICUs, streetTRACKS Gold 


hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15751 

4 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

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

5 15 U.S.C. 78f(b)(4). 

6See, e.g., Securities Exchange Act Release Nos. 

50603 (October 28, 2004), 69 FR 64614 (November 

5, 2004) (SR–NYSE–2004–22) and 54020 (June 20, 

2006), 71 FR 36579 (June 27, 2006) (SR–NYSE–

2006–35). 

7See, e.g., Securities Exchange Act Release Nos. 

53059 (January 5, 2006), 71 FR 2072 (January 12, 

2006) (SR–Amex–2005–128) and 54007 (June 16, 

2006), 71 FR 36155 (June 23, 2006) (SR–PCX–2006–

16). 

8 15 U.S.C. 78s(b)(2). 

9 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)(6). 

5See Securities Exchange Act Release No. 54238 

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

NYSEArca–2006–13) (Order approving rules related 

to the OX Trading System). 

6The Exchange anticipates submitting a 

comprehensive clean-up rule filing in the near 

future. At the request of the Commission staff, the 

instant filing is targeted to eliminate confusion 

regarding certain order types. 

Shares, Currency Trust Shares, and 

Commodity Trust Shares will not be 

counted toward the NYSE’s total annual 

fees cap of $500,000. 

In addition, the annual fee charged for 

ICUs, Currency Trust Shares, 

Commodity Trust Shares and 

streetTRACKS Gold Shares by the 

Exchange is currently a flat amount. 

Under the proposed rule change, this fee 

will be tiered based on the number of 

shares outstanding for each issue at the 

end of the preceding calendar quarter 

and will be billed on a quarterly basis. 

The Commission has reviewed 

carefully the proposed rule change and 

finds that it is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.4 In 

particular, the Commission finds that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,5 which 

requires that the rules of the exchange 

provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. The 

Commission notes that, in part, the 

proposed rule change merely reflects on 

the Exchange’s fee schedule listing fees 

that had previously been approved by 

the Commission.6 In addition, the 

Commission notes that it has approved 

similar tiered annual fee structures.7

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (File No. SR–

NYSE–2007–01) be, and hereby is, 

approved. 

For the Commission, by the Division of 

Market Regulation, pursuant delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–5983 Filed 3–30–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55522; File No. SR–

NYSEArca–2007–26] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change Relating to Certain Types 

of Orders on Ox 

March 26, 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 March 2, 

2007, 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 

substantially prepared by the Exchange. 

The Exchange filed the proposed rule 

change as a ‘‘non-controversial’’

proposed rule change pursuant to 

Section 19(b)(3)(A) 3 of the Act and Rule 

19b–4(f)(6) 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 

NYSE Arca proposes to update and 

amend its rules concerning order types 

by incorporating the order type 

definitions of NYSE Arca Rule 6.62A 

into a revised NYSE Arca Rule 6.62. The 

text of the proposed rule change is 

available at the Exchange, 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, 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. NYSE 

Arca has substantially 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 purpose of this filing is to 

incorporate the order definitions 

contained in NYSE Arca Rule 6.62A 

into a revised NYSE Arca Rule 6.62. 

Presently, Rule 6.62 defines certain 

order types applicable under the PCX 

Plus System, which is obsolete, while 

Rule 6.62A defines certain order types 

applicable under the current OX 

Trading System. Many of these rules 

overlap and actually apply to both 

systems, while some portions are 

obsolete. Revising the two rules will 

eliminate obsolete references and 

redundancies. 

In September 2006, NYSE Arca 

introduced the OX Trading System 

(‘‘OX’’), a new automated options 

trading platform. OX replaced the 

Exchange’s legacy system, PCX Plus. In 

conjunction with the introduction of 

OX, the Exchange filed, and received 

approval for, a new rule set applicable 

to the new system.5 During the 

introductory phase of OX, the Exchange 

operated two trading systems, which 

necessitated the need for two rule sets: 

one pertaining to PCX Plus; and another 

pertaining to OX. The Exchange has 

now completed its rollout of OX. As 

such, options issues no longer trade on 

the PCX Plus at the Exchange, thereby 

rendering the PCX Plus rule set 

effectively duplicative and obsolete.6

Order types that are contained in Rule 

6.62, designated as PCX Plus rules, may 

also be applicable under the OX system. 

Other order types that are presently 

designated as PCX Plus rules, may also 

be applicable in open outcry trading. 

The Exchange proposes to combine all 

order types from Rule 6.62 and Rule 

6.62A into one rule. Revised Rule 6.62 

will now contain all defined order types 

for options that trade on NYSE Arca and 

Rule 6.62A will be deleted in its 

entirety. In rule text where either ‘‘PCX 

Plus’’ or ‘‘OX’’ has been used, the 

Exchange proposes to replace such 

designation with ‘‘NYSE Arca’’ or 

‘‘Exchange.’’ The Exchange also 

proposes removing the ‘‘PCX Plus’’

designation from the title of Rule 6.62. 

A more detailed description of proposed 


hsrobinson on PROD1PC76 with NOTICES