2720 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

18 15 U.S.C. 78s(b)(2). 

19 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). 

6Market Maker, as defined in NYSE Arca Rule 

6.1(b)(29) and NYSE Arca Rule 6.1A(a)(4). 

competition in the market for the 

Shares. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,18 that the 

proposed rule change (SR–NYSEArca–

2006–37), as modified by Amendment 

No. 1, be, and it hereby is, approved on 

an accelerated basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.19

Nancy M. Morris, 

Secretary. 

[FR Doc. E7–756 Filed 1–19–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55099; File No. SR–

NYSEArca–2006–91] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Exchange 

Fees and Charges 

January 12, 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 December 

22, 2006, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ 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 Exchange. 

NYSE Arca has designated this proposal 

as one establishing or changing a due, 

fee, or other charge imposed by NYSE 

Arca 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 

NYSE Arca is proposing to amend its 

Schedule of Fees and Charges for 

Exchange Services (‘‘Schedule’’) in 

order to revise certain Royalty Fees 

assessed on options contracts traded on 

certain Exchange Traded Funds 

(‘‘ETFs’’), and to revise the Marketing 

Charge related to Market Maker 

transactions. 

Below is the text of the proposed rule 

change. Proposed new language is in 

italics; deleted language is in [brackets]. 

NYSE Arca Options: Trade-Related 

Charges 

* * * * * 

Marketing Charge 

For Nasdaq-100 Tracking Stock 

Options (QQQQ) $0.95 per contract side 

on all Market Maker transactions 

(excluding Market Maker to Market 

Maker transactions) and for Standard 

and Poor’s Depository Receipts (SPY) 

$1.00 per contract side on all Market 

Maker transactions (excluding Market 

Maker to Market Maker transactions). 

For all other NYSE Arca Equity 

Options: [$0.45] $0.65 per contract side 

on transactions of Lead Market Makers 

and Market Makers against all public 

customer orders. 

Royalty Fees 9

[For] Nasdaq Fidelity Composite 

Index ETF (ONEQ): $0.12[per contract 

side] 

Financial Select Sector SPRD 

(XLF) ......................................... $0.10 5

Technology Select Sector SPDR 

(XLK) ........................................ 0.10 

Healthcare Select Sector SPDR 

(XLV) ........................................ 0.10 

Russell 2000 Index (RUT) ........... 0.15 

5The Exchange inadvertently failed to designate the phrase ‘‘.10’’ in this line as proposed new text. For clarity, the new text has 

been underlined herein. 

Royalty Fees will be assessed on a percontract basis for firm, broker/dealer, 

and Market Maker transactions. [For 

IWB, IWD, IWM, IWN, IWO, IWR: $0.10 

per contract for firm, broker/dealer, and 

Market Maker transactions.] 

* * * * * 9[This] These fees will not be assessed on 

the customer side of transactions. Please refer 

to ‘‘Limit of Fees on Options Strategy 

Executions’’ section of this schedule for 

information regarding [r]Royalty [f]Fees 

associated with Options Strategy Executions 

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 

NYSE Arca is proposing to amend its 

Schedule in order to make the following 

changes to certain fees and charges that 

are assessed to OTP Holders and OTP 

Firms. The Exchange also proposes 

making minor technical changes to the 

Schedule at this time. 

Royalty Fees 

The Exchange proposes to eliminate 

the $0.10 per contract Royalty Fee on 

options traded on the following ETFs: 

the Russell 1000 Index Fund (IWB); the 

Russell 1000 Value Index Fund (IWD); 

the Russell 2000 Index Fund (IWM); the 

Russell 2000 Value Index Fund (IWN); 

the Russell 2000 Growth Fund (IWO); 

and the Russell Midcap Index fund 

(IWR). As of January 1, 2007, the 

Exchange will no longer assess the $0.10 

per contract on any transactions 

involving the aforementioned ETFs. 

The Exchange proposes to begin 

assessing a $0.10 per contract Royalty 

Fee on options traded on the following 

ETFs: the Financial Select Sector SPDR 

(XLF); the Technology Select Sector 

SPDR (XLK); and the Healthcare Select 

Sector SPRD (XLV). The Exchange also 

proposes a $0.15 per contract Royalty 

Fee on options traded on the Russell 

2000 Index (RUT). The Exchange will 

begin assessing these fees on 

transactions in the aforementioned ETFs 

as of January 1, 2007. 

Marketing Fees 

The Exchange presently assesses 

Market Makers 6 a per contract 

Marketing Fee on all transactions 

involving public customer orders. For 

orders in the NASDAQ–100 Tracking 

Stock (QQQQ), the Exchange charges 

Market Makers $0.95 per contract; in the 

Standard and Poor’s Depository 

Receipts (SPY), the Exchange charges 

$1.00 per contract. In all other issues, 

the Exchange charges Market Makers 

$0.45 per contract. The Exchange now 

proposes to amend the fee it charges on 

non-QQQQ and non-SPY transactions to 

$0.65 cents per contract. The fee on 

QQQQ and SPY orders will remain the 

same. The increased Marketing Fee will 

be used to attract additional order flow 

to the Exchange, thereby allowing NYSE 

Arca to remain competitive with other 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 2721 

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

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

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). 

options exchanges that charge similar 

fees. 

While this proposed rule change will 

become effective upon filing with the 

Commission, NYSE Arca plans to 

implement the fee change on January 1, 

2007. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,7 in general, and 

Section 6(b)(4) of the Act,8 in particular, 

in that it provides for the equitable 

allocation of reasonable dues, fees, and 

other charges among its 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 

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 

has been designated as a fee change 

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

Act 9 and Rule 19b–4(f)(2) 10 thereunder, 

because it establishes or changes a due, 

fee, or other charge imposed by the 

Exchange. Accordingly, the proposal 

will take effect upon filing with the 

Commission. At any time within 60 

days of the filing of such 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–2006–91 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–2006–91. 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 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–2006–91 and 

should be submitted on or before 

February 12, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–799 Filed 1–19–07; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 5675] 

Determination and Waiver of Section 

620(q) of the Foreign Assistance Act of 

1961, as Amended, Relating to 

Assistance to the Democratic Republic 

of Congo 

Pursuant to the authority vested in me 

by section 620(q) of the Foreign 

Assistance Act of 1961, as amended 

(FAA), and by Executive Order 12163, 

as amended, I hereby determine that 

assistance to the Democratic Republic of 

Congo is in the national interest of the 

United States and thereby waive, with 

respect to that country, the application 

of section 620(q) of the FAA. 

This determination shall be reported 

to Congress and published in the 

Federal Register. 

Dated: December 11, 2006. 

Condoleezza Rice, 

Secretary of State, Department of State. 

[FR Doc. E7–833 Filed 1–19–07; 8:45 am] 

BILLING CODE 4710–26–P 

TENNESSEE VALLEY AUTHORITY 

Proposed Standards on Smart 

Metering Interconnection, Net 

Metering, Fuels Sources, and Fossil 

Fuel Generation Efficiency 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Notice. 

SUMMARY: On August 17, 2006, 

Tennessee Valley Authority (‘‘TVA’’) 

published a notice (71 FR 47557) of the 

commencement of its consideration 

process for the Time-based Metering & 

Communications (hereinafter called 

‘‘Smart Metering’’), Interconnection, and 

Net Metering standards promulgated by 

section 111(d) of the Public Utility 

Regulatory Policies Act of 1978 (Pub. L. 

95–617) as amended by the Energy 

Policy Act of 2005 (Pub. L. 109–58) 

(hereinafter called ‘‘PURPA’’). This 

notice amends and supplements the 

August 17 notice to (1) set new 

deadlines related to the consideration of 

the three standards which were the 

subject of that notice and (2) inform the 

public of the commencement of TVA’s 

consideration process for the two 

remaining standards listed in section 

111(d) of PURPA, which are the Fuel 

Sources and Fossil Fuel Generation 

Efficiency standards. 

TVA will consider adopting all five of 

these standards for itself as well as for 

the distributors of TVA power and will 

consider these standards on the basis of 


rmajette on PROD1PC67 with NOTICES