Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Notices 29027 

34See proposed Section 703.16(F)(2). 

35See supra note 32. 

36 15 U.S.C. 78s(b)(2). 

37 Id. 

38 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. 50643 

(November 5, 2004), 69 FR 65668 (November 15, 

2004) (SR–PCX–2004–98) (approving amendments 

to NYSE Arca Equities Rule 7.35 to include certain 

ETFs in the closing auction process). NYSE Arca 

Equities Rule 7.35(e)(3)(E) applies only to securities 

that are listed on the Exchange and not to securities 

that are traded pursuant to unlisted trading 

privileges (‘‘UTP’’). 

6See Securities Exchange Act Release No. 51245 

(February 23, 2005), 70 FR 10731 (March 4, 2005) 

(SR–PCX–2004–117) (approving generic listing 

standards for Equity Gold Shares and trading, on a 

UTP basis, of the streetTRACKS Gold Shares 

pursuant to NYSE Arca Equities Rule 5.2(j)(5)). 

7See Securities Exchange Act Release No. 44182 

(April 16, 2001), 66 FR 21798 (May 1, 2001) (SR–

PCX–2001–01) (approving generic listing standards 

for Trust Issued Receipts pursuant to NYSE Arca 

Equities Rule 8.200). 

8See Securities Exchange Act Release No. 51067 

(January 21, 2005), 70 FR 3952 (January 27, 2005) 

(SR–PCX–2004–132) (approving generic listing 

standards for Commodity-Based Trust Shares and 

trading, on a UTP basis, of the iShares COMEX 

Gold Trust pursuant to NYSE Arca Equities Rule 

8.201). 

the value of the underlying index is no 

longer calculated or available. 

The Exchange will implement written 

surveillance procedures for ETFs based 

on Fixed Income Indexes or 

Combination Indexes.34 In approving 

this proposal, the Commission relied on 

NYSE’s representation that its 

surveillance procedures are adequate to 

properly monitor the trading of ICUs 

listed pursuant to this proposal. This 

approval is conditioned on the 

continuing accuracy of that 

representation. 

Acceleration 

The Commission finds good cause for 

approving the proposed rule change, as 

amended, prior to the 30th day after the 

date of publication of the notice of filing 

thereof in the Federal Register. The 

Commission notes that NYSE’s proposal 

is substantially similar to an Amex 

proposal that has been approved by the 

Commission.35 The Commission does 

not believe that NYSE’s proposal raises 

any novel regulatory issues and, 

therefore, believes that good cause exists 

for approving the filing before the 

conclusion of a notice-and-comment 

period. Accelerated approval of the 

proposal will expedite the listing and 

trading of additional ETFs by the 

Exchange, subject to consistent and 

reasonable standards. Therefore, the 

Commission finds good cause, 

consistent with Section 19(b)(2) of the 

Exchange Act,36 to approve the 

proposed rule change, as amended, on 

an accelerated basis. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Exchange Act,37

that the proposed rule change (SR–

NYSE–2007–37), as amended, be, and it 

hereby is, approved on an accelerated 

basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.38

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. E7–9874 Filed 5–22–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55775; File No. SR–

NYSEArca–2007–40] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Closing 

Auctions for Securities Similar to 

Exchange-Traded Funds 

May 16, 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 May 11, 

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 and II 

below, which Items have been 

substantially prepared by the Exchange. 

The Exchange filed the proposed rule 

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

of the Act 3 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 

The Exchange, through NYSE Arca 

Equities, proposes to amend NYSE Arca 

Equities Rule 7.35(e)(3)(E) relating to 

closing auctions for exchange-traded 

funds (‘‘ETFs’’). The text of the 

proposed rule change is available on the 

Exchange’s Web site (http:// 

www.nysearca.com), at the Exchange’s 

principal office 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 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 III 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 

The Exchange proposes to amend 

NYSE Arca Equities Rule 7.35(e)(3)(E) 

relating to closing auctions for ETFs. 

Currently, NYSE Arca Equities Rule 

7.35(e)(3)(E) provides special closing 

auction rules for certain listed ETFs as 

defined in NYSE Arca Equities Rules 

5.1(b)(13) (Unit Investment Trusts), 

5.2(j)(3) (Investment Company Units), 

and 8.100 (Portfolio Depositary 

Receipts).5 Since receiving Commission 

approval to include ETFs in its closing 

auction process in 2004, the Exchange 

has obtained approval from the 

Commission to list and trade the 

securities of additional derivative 

securities products that operate in a 

manner similar to ETFs. These 

derivative securities products are not 

currently included in NYSE Arca 

Equities Rule 7.35(e)(3)(E). The 

Exchange proposes to amend NYSE 

Arca Equities Rule 7.35(e)(3)(E) to 

include references to the rules 

governing these additional derivative 

securities products, rendering these 

types of products subject to the same 

closing auction rules as ETFs. 

Specifically, the Exchange proposes to 

amend NYSE Arca Equities Rule 

7.35(e)(3)(E) to include references to 

NYSE Arca Equities Rules 5.2(j)(5) 

(Equity Gold Shares),6 8.200 (Trust 

Issued Receipts),7 8.201 (Commodity 

Based Trust Shares),8 8.202 (Currency 


pwalker on PROD1PC71 with NOTICES
29028 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Notices 

9See Securities Exchange Act Release No. 53253 

(February 8, 2006), 71 FR 8029 (February 15, 2006) 

(SR–PCX–2005–123) (approving generic listing 

standards for Currency Trust Shares and trading, on 

a UTP basis, of the Euro Currency Trust pursuant 

to NYSE Arca Equities Rule 8.202). 

10See Securities Exchange Act Release No. 54025 

(June 21, 2006), 71 FR 36856 (June 28, 2006) (SR–

NYSEArca–2006–12) (approving generic listing 

standards for Commodity Index Trust Shares and 

trading, on a UTP basis, of the iShares GSCI 

Commodity Indexed Trust pursuant to NYSE Arca 

Equities Rule 8.203). 

11See Securities Exchange Act Release No. 53875 

(May 25, 2006), 71 FR 32164 (June 2, 2006) (SR–

NYSEArca–2006–11) (approving generic listing 

standards for Partnership Units and trading, on a 

UTP basis, of the United States Oil Fund, LP 

pursuant to NYSE Arca Equities Rule 8.300). 

12See Securities Exchange Act Release No. 34–

55033 (December 29, 2006), 72 FR 1253 (January 10, 

2007) (SR–NYSEArca–2006–75) (approving generic 

listing standards for Paired Trust Shares and 

trading, on a UTP basis, of the Claymore MACRO 

Tradeable Shares pursuant to NYSE Arca Equities 

Rule 8.400). 

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

14 15 U.S.C. 78f(b)(5). 

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

16 17 CFR 240.19b–4(f)(6). The Commission notes 

that the Exchange satisfied the five-day pre-filing 

notice requirement. 17 17 CFR 200.30–3(a)(12). 

Trust Shares),9 8.203 (Commodity Index 

Trust Shares),10 8.300 (Partnership 

Units),11 and 8.400 (Paired Trust 

Shares).12 In addition, the Exchange 

proposes to amend NYSE Arca Equities 

Rule 7.35(e)(3)(E) to include references 

to NYSE Arca Equities Rule 5.1(b)(18) 

which defines the term ‘‘ExchangeTraded Funds.’’

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act 13 in general and 

furthers the objectives of Section 6(b)(5) 

of the Act 14 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 

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 

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,15 and Rule 19b–4(f)(6) 

thereunder.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–2007–40 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–2007–40. 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–2007–40 and should be 

submitted by or before June 13, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. E7–9856 Filed 5–22–07; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

July 23, 2007. 

ADDRESSES: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Teresa Lewis, Assistant Administrator, 

Office of Management and Technical 

Assistance Small Business 

Administration, 409 3rd Street, SW., 8th 

Floor, Wash., DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Lewis, Assistant Administrator, 

Office of Management and Technical 

Assistance 202–619–1624 

teresa.lewis@sba.gov. Curtis B. Rich, 


pwalker on PROD1PC71 with NOTICES