Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices 16845 

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)(ii). 

4 17 CFR 240.19b–4(f)(2). 

5The Commission notes that the text of Phlx Rule 

607 was incorrectly reflected in Exhibit 5A of the 

Exchange’s Form 19b–4 filing. Specifically, the 

Exchange did not include two references to the 

‘‘Intermarket Trading System’’ that were contained 

in the third paragraph of Rule 607 (the third 

paragraph of the rule is not affected by this 

proposed rule change). These two references have 

subsequently been deleted as part of another 

immediately effective proposed rule change (see 

File No. SR–Phlx–2007–31), filed on March 27, 

2007. 

6The term ‘‘Covered Sale fee’’ describes the fee 

that Phlx imposes to recover what it owes pursuant 

to Section 31 of the Act (15 U.S.C. 78ee). Other 

exchanges may use different terms to describe the 

same fee (e.g., ‘‘Activity Assessment Fee’’ or ‘‘Sales 

Value Fee’’). 

7See Phlx Rule 185(g). 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–NYSEArca–2007–17 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–2007–17. 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 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–2007–17 and 

should be submitted on or before April 

26, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–6372 Filed 4–4–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55553; File No. SR–Phlx–

2007–23] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Phlx Rule 607 and 

the XLE Fee Schedule 

March 29, 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 20, 

2007, the Philadelphia Stock Exchange, 

Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 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 the 

Phlx. The Phlx has designated this 

proposal as one establishing or changing 

a due, fee, or other charge applicable 

only to a member under Section 

19(b)(3)(A)(ii) 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 Phlx proposes to amend Phlx 

Rule 607,5 Covered Sale Fee, and the 

XLE Fee Schedule to include sale 

transactions that are routed through the 

Exchange’s routing facility. The 

Exchange also proposes to clarify and 

update the language in Phlx Rule 607 

and on the XLE Fee Schedule that 

relates to the routing of orders over the 

NMS Linkage Plan. 

This proposal is scheduled to become 

effective for transactions settling on or 

after March 20, 2007. The text of the 

proposed rule change is available at the 

Exchange, on the Exchange’s Web site at 

www.phlx.com, and at the 

Commission’s Public Reference Room. 

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 

Phlx 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 Phlx 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 

Currently, pursuant to Phlx Rule 607, 

each Phlx member and member 

organization engaged in executing sale 

transactions on the Exchange or 

executing transactions on another 

exchange or on a Participant in NASD’s 

Alternative Display Facility (‘‘ADF 

Participant’’), which were routed over 

the NMS Linkage Plan, pays a Covered 

Sale fee equal to (i) The Section 31 fee 

rate multiplied by (ii) the member’s 

aggregate dollar amount of covered 

sales.6

A sale transaction may now be routed 

through the Exchange’s outbound 

routing facility,7 which is not covered 


jlentini on PROD1PC65 with NOTICES
16846 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices 

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

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4(f)(2). 

12 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)(ii). 

4 17 CFR 240.19b–4(f)(5). 

by the language set forth above. The 

Exchange’s outbound routing facility 

sends outbound orders to an away 

market broker for execution on an away 

market. Any covered sale type-fee 

assessed by an away market and 

incurred by the away market broker is 

then passed back to Phlx for payment, 

through the Exchange’s outbound 

routing facility. This proposal inserts 

language to reflect that sale transactions 

may be routed over the Exchange’s 

routing facility. Also, the proposed 

language reflects that the Covered Sale 

fee may be collected by the Exchange for 

these transactions to help the Exchange 

recover the amounts paid to other 

exchanges. 

Additionally, the Exchange proposes 

to delete the reference to transactions 

routed over the NMS Linkage Plan, as it 

is no longer applicable. As discussed 

above, the Exchange has contracted with 

its outbound routing facility to route the 

Exchange’s outbound orders. Thus, 

these orders are no longer routed 

outbound through the NMS Linkage 

Plan. Deleting the language relating to 

outbound routing over the NMS Linkage 

Plan will update Phlx Rule 607 and the 

XLE Fee Schedule to reflect the 

Exchange’s current outbound routing 

practices. The provisions of Phlx Rule 

607 pertaining to arrangements with 

other exchanges remain unchanged 

because the Exchange accepts orders 

routed inbound through the NMS 

Linkage Plan. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 8 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 9

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. 

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 

No written comments were either 

solicited or received by the Exchange. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and 

paragraph (f)(2) of Rule 19b–4 11

thereunder because it establishes a due, 

fee, or other charge applicable only to a 

member. 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–Phlx–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–Phlx–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 Phlx. 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–Phlx-2007–23 and should 

be submitted on or before April 26, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–6375 Filed 4–4–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55558; File No. SR–Phlx–

2007–25] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to the Exchange’s 

Automated Opening System 

March 29, 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 20, 

2007, the Philadelphia Stock Exchange, 

Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 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 the 

Phlx. The Phlx has filed the proposed 

rule change as one effecting a change in 

an existing order-entry or trading system 

of a self-regulatory organization 

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

Act 3 and Rule 19b–4(f)(5) 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 Phlx proposes to amend 

Exchange Rule 1017, Openings in 


jlentini on PROD1PC65 with NOTICES