Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices 26667 

9See Securities Exchange Act Release No. 55621 

(April 12, 2007), 72 FR 19571 (April 18, 2007) (SR–

NYSEArca–2006–86). 

10 15 U.S.C. 78f(b). 

11 15 U.S.C. 78f(b)(5). 

12 15 U.S.C. 78s(b)(3)(A). 

13 17 CRF 240.19b–4(f)(6). In addition, Rule 19b–

4(f)(6) requires an exchange to give 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 days prior 

to the date of filing of the proposed rule change, or 

such shorter time as designated by the Commission. 

The Commission has determined to waive the fiveday pre-filing notice requirement in this case. 

14For purposes only of waiving the operative date 

of this proposal, the Commission has considered 

the rule’s impact on efficiency, competition, and 

capital formation. See 15 U.S.C. 78c(f). 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

on the NYSE Arca Marketplace that do 

not trade for the duration of each of the 

three sessions specified in NYSE Arca 

Equities Rule 7.34. The Exchange 

proposes to add the following securities 

to these lists: (1) SPDR S&P

International Small Cap ETF; and (2) 

SPDR S&P World ex-US ETF. These 

ICUs currently trade on the Exchange on 

a UTP basis pursuant to generic listing 

standards for foreign derivative 

securities products described in NYSE 

Arca Equities Rule 5.2(j)(3) that were 

adopted by the Exchange pursuant to 

Rule 19b–4(e) under the Act.9

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,10 in general, and 

furthers the objectives of Section 

6(b)(5),11 in particular, in that it is 

designed to facilitate transactions in 

securities, to promote just and equitable 

principles of trade, to enhance 

competition, and 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 

Because the foregoing proposed rule 

change 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, it has become effective 

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

Act 12 and Rule 19b–4(f)(6) 

thereunder.13

The Exchange has asked the 

Commission to 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 should provide 

transparency and more clarity with 

respect to the trading hours eligibility of 

certain derivative securities products 

and should promote consistency in the 

trading halts of derivative securities. 

The Commission notes that this filing 

does not change the trading hours of the 

Derivative Securities Products listed in 

NYSE Arca Equities Rule 7.34, but 

codifies trading hour sessions that have 

been established through other rule 

changes or through the use of the 

Exchange’s generic listing standards 

pursuant to Rule 19b–4(e) under the 

Act. For these reasons, the Commission 

designates the proposed rule change as 

operative immediately.14

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

Number SR–NYSEArca–2007–41 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–2007–41. 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 will also 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–2007–41 and should be 

submitted by or before May 31, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–9045 Filed 5–9–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55708; File No. SR–

NYSEArca–2007–39] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to NYSE Arca 

Marketplace Trading Sessions 

May 4, 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 April 20, 

2007 NYSE Arca, Inc. (‘‘NYSE Arca’’ or 


pwalker on PROD1PC71 with NOTICES
26668 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices 

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

4 17 CFR 240.19b–4(f)(6). 

5NYSE Arca Equities Rule 5.1(b)(15) defines an 

ICU as a security representing an interest in a 

registered investment company that could be 

organized as a unit investment trust, an open-end 

management investment company or a similar 

entity. 

6 iShares is a registered trademark of Barclays 

Global Investors, N.A. 

7SPDR is a registered trademark of The 

McGraw-Hill Companies, Inc. and licensed by State 

Street Bank and Trust Company. 

8 streetTRACKS is a registered trademark of 

State Street Corporation. 

9 Vanguard is a registered trademark of The 

Vanguard Group, Inc. 

10NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), 

8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 

relate to Unit Investment Trusts, ICUs, Portfolio 

Depositary Receipts, Trust Issued Receipts, 

Commodity-Based Trust Shares, Currency Trust 

Shares, Commodity Index Trust Shares, Partnership 

Units, and Paired Trust Shares, respectively. See 

Securities Exchange Act Release No. 54997 

(December 21, 2006), 71 FR 78501 (December 29, 

2006) (SR–NYSEArca–2006–77) (amending NYSE 

Arca Equities Rule 7.34). 

11See Securities Exchange Act Release No. 55621 

(April 12, 2007), 72 FR 19571 (April 18, 2007) (SR–

NYSEArca–2006–86). 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

‘‘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 and II 

below, which Items have been 

substantially prepared by the Exchange. 

The Exchange filed the proposal 

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

Act 3 and Rule 19b–4(f)(6) thereunder,4

which renders the proposed rule change 

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, through 

NYSE Arca Equities, to update the list 

in NYSE Arca Equities Rule 7.34 of 

securities eligible to trade in one or 

more, but not all three, of the 

Exchange’s trading sessions. The 

Exchange proposes to add to the lists 

the following investment company units 

(ICUs) 5 of funds that are trading on 

NYSE Arca, L.L.C. (‘‘NYSE Arca 

Marketplace’’), the equities trading 

facility of NYSE Arca Equities, pursuant 

to unlisted trading privileges (‘‘UTP’’): 

(1) Claymore/Robeco Developed 

International Equity ETF; (2) Claymore/ 

Robeco Developed World Equity ETF; 

(3) iShares 6 MSCI EAFE Growth Index 

Fund; (4) iShares MSCI EAFE Value 

Index Fund; (5) SPDR 7 FTSE/ 

Macquarie Global Infrastructure 100 

Index ETF; (6) SPDR S&P China ETF; 

(7) SPDR S&P Emerging Asia Pacific 

ETF; (8) SPDR S&P Emerging Europe 

ETF; (9) SPDR S&P Emerging Latin 

America ETF; (10) SPDR S&P Emerging 

Markets ETF; (11) SPDR S&P Emerging 

Middle East & Africa ETF; (12) 

streetTRACKS 8 DJ Wilshire 

International Real Estate ETF; (13) 

streetTRACKS MSCI ACWI ex-US ETF; 

(14) streetTRACKS Russell/Nomura 

PRIMETM Japan ETF; (15) 

streetTRACKS Russell/Nomura Small 

CapTM Japan ETF; and (16) Vanguard 9

FTSE All-World ex U.S. ETF. The text 

of the proposed rule change is available 

on the Exchange’s Web site (http:// 

www.nyse.com), at the principal office 

of the Exchange, 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 

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 

NYSE Arca Equities Rule 7.34 

currently provides, in part, that NYSE 

Arca Marketplace shall have three 

trading sessions each day: an Opening 

Session (1 a.m. Pacific Time (‘‘PT’’) to 

6:30 a.m. PT), a Core Trading Session 

(6:30 a.m. PT to 1 p.m. PT) and a Late 

Trading Session (1 p.m. PT to 5 p.m. 

PT), and that the Core Trading Session 

for securities described in NYSE Arca 

Equities Rules 5.1(b)(13), 5.1(b)(18), 

5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 

8.203, 8.300, and 8.400 (each, a 

‘‘Derivative Securities Product’’) shall 

conclude at 1:15 p.m. PT.10

NYSE Arca Equities Rule 7.34 

includes a list of those securities which 

are eligible to trade in one or more, but 

not all three, of the Exchange’s trading 

sessions. The Exchange maintains on its 

Web site (http://www.nysearca.com) a 

list that identifies all securities traded 

on the NYSE Arca Marketplace that do 

not trade for the duration of each of the 

three sessions specified in NYSE Arca 

Equities Rule 7.34. The Exchange 

proposes to add the following securities 

to these lists: (1) Claymore/Robeco 

Developed International Equity ETF; (2) 

Claymore/Robeco Developed World 

Equity ETF; (3) iShares MSCI EAFE 

Growth Index Fund; (4) iShares MSCI 

EAFE Value Index Fund; (5) SPDR 

FTSE/Macquarie Global Infrastructure 

100 Index ETF; (6) SPDR S&P China 

ETF; (7) SPDR S&P Emerging Asia 

Pacific ETF; (8) SPDR S&P Emerging 

Europe ETF; (9) SPDR S&P Emerging 

Latin America ETF; (10) SPDR S&P 

Emerging Markets ETF; (11) SPDR S&P 

Emerging Middle East & Africa ETF; (12) 

streetTRACKS DJ Wilshire International 

Real Estate ETF; (13) streetTRACKS 

MSCI ACWI ex-US ETF; (14) 

streetTRACKS Russell/Nomura 

PRIMETM Japan ETF; (15) 

streetTRACKS Russell/Nomura Small 

Cap Japan ETF; and (16) Vanguard FTSE 

All-World ex U.S. ETF. These ICUs 

currently trade on the Exchange on a 

UTP basis pursuant to generic listing 

standards for foreign derivative 

securities products described in NYSE 

Arca Equities Rule 5.2(j)(3) that were 

adopted by the Exchange pursuant to 

Rule 19b–4(e) under the Act.11

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,12 in general, and 

furthers the objectives of Section 

6(b)(5),13 in particular, in that it is 

designed to facilitate transactions in 

securities, to promote just and equitable 

principles of trade, to enhance 

competition, and 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 

Because the foregoing proposed rule 

change does not: 

(i) Significantly affect the protection 

of investors or the public interest; 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices 26669 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CRF 240.19b–4(f)(6). In addition, Rule 19b–

4(f)(6) requires an exchange to give 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 days prior 

to the date of filing of the proposed rule change, or 

such shorter time as designated by the Commission. 

The Commission has determined to waive the fiveday pre-filing notice requirement in this case. 

16For purposes only of waiving the operative date 

of this proposal, the Commission has considered 

the rule’s impact on efficiency, competition, and 

capital formation. See 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). 

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

2The Commission has modified parts of these 

statements. 

(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, it has become effective 

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

Act 14 and Rule 19b–4(f)(6) 

thereunder.15

The Exchange has asked the 

Commission to 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 should provide 

transparency and more clarity with 

respect to the trading hours eligibility of 

certain derivative securities products 

and should promote consistency in the 

trading halts of derivative securities. 

The Commission notes that this filing 

does not change the trading hours of the 

Derivative Securities Products listed in 

NYSE Arca Equities Rule 7.34, but 

codifies trading hour sessions that have 

been established through other rule 

changes or through the use of the 

Exchange’s generic listing standards 

pursuant to Rule 19b–4(e) under the 

Act. For these reasons, the Commission 

designates the proposed rule change as 

operative immediately.16

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

Number SR–NYSEArca–2007–39 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–2007–39. 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 will also 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–2007–39 and should be 

submitted by or before May 31, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–9044 Filed 5–9–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55709; File No. SR–OCC–

2007–05] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Notice 

of Filing and Immediate Effectiveness 

of a Proposed Rule Change Relating to 

OCC’s Clearing Fee Schedule 

May 4, 2007. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

April 11, 2007, The Options Clearing 

Corporation (‘‘OCC’’) 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 

prepared primarily by OCC. 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 proposed rule change would (i) 

make permanent the current discounted 

clearing fee schedule for specified 

contracts, (ii) further discount the newly 

adopted clearing fee schedule, and (iii) 

modify the new product clearing fee 

schedule, with all changes being 

effective May 1, 2007. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

OCC 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. OCC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of such statements.2

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

The purpose of the proposed rule 

change is to amend OCC’s standard 

clearing and new products fee 

schedules, effective May 1, 2007, as 

described below. First, OCC is making 

permanent the current discounted 

clearing fee schedule for (i) securities 


pwalker on PROD1PC71 with NOTICES