Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices 4931 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 56908 

(December 5, 2007), 72 FR 70639. 

4See NYSE Arca Rule 6.37B(b). 

5 In approving this rule, the Commission notes 

that it has considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

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

6 15 U.S.C. 78f(b)(5). 

7 In addition, the Commission notes that all NYSE 

Arca Market Makers have a minimum continuous 

quoting obligation. NYSE Arca Rule 6.37B(c) states 

that a Market Maker must provide continuous two 

sided quotations throughout the trading day in its 

appointed issues for 60% of the time the Exchange 

is open for trading in each issue. In addition, the 

Commission notes that NYSE Arca Rule 6.37B(d), 

which states that in the interest of maintaining a 

fair and orderly market, a Market Maker may be 

called upon by a Trading Official to maintain 

continuous quotes in one or more series of an 

option issue, shall continue to apply. 

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

9 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–1374 Filed 1–25–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–57186; File No. SR–

NYSEArca–2007–121] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Granting Approval of 

Proposed Rule Change Relating to 

Rule 6.37B and the Quoting 

Obligations of Lead Market Makers 

January 22, 2008. 

On November 27, 2007, NYSE Arca, 

Inc. (‘‘NYSE Arca’’ 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 proposed rule 

change to modify the continuous 

quoting obligation of Lead Market 

Makers (‘‘LMMs’’). The proposed rule 

change was published for comment in 

the Federal Register on December 12, 

2007.3 The Commission received no 

comments on the proposed rule change. 

This order approves the proposed rule 

change. 

NYSE Arca proposes to amend its 

Rule 6.37B to reduce the continuous 

quoting obligation of LMMs. Currently, 

an LMM must provide continuous twosided quotations throughout the trading 

day in its appointed issues for 99% of 

the time the Exchange is open for 

trading in each issue.4 NYSE Arca 

proposes to reduce the continuous 

quoting obligation of LMMs to 90% of 

the time the Exchange is open for 

trading in each appointed issue. The 

Exchange proposes that any period in 

which a technical failure or limitation of 

a system of the Exchange prevents an 

LMM from maintaining, or prevents an 

LMM from communicating to the 

Exchange, timely and accurate 

electronic quotes in a class shall not be 

considered in determining whether an 

LLM has satisfied the 90% quoting 

standard with respect to that option 

class. The Exchange also proposes that 

it may consider other exceptions to the 

continuous quoting obligation based on 

demonstrated legal or regulatory 

requirements or other mitigating 

circumstances. In addition, the 

Exchange proposes to amend the review 

period for this continuous quoting 

obligation from a quarterly basis to a 

monthly basis. 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

are applicable to a national securities 

exchange.5 In particular, the 

Commission believes that the proposed 

rule change is consistent with section 

6(b)(5) of the Act,6 in that it is designed 

to promote just and equitable principles 

of trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

Commission believes that the 

Exchange’s proposal to reduce the 

continuous quoting obligation of LMMs 

is appropriate given the benefits 

afforded to LMMs.7

It is therefore ordered, pursuant to 

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

proposed rule change (SR–NYSEArca–

2007–121) be, and it hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–1395 Filed 1–25–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Certain Companies 

Quoted on the Pink Sheets: Asia 

Pacific Energy Inc.; Bolivar Mining 

Corp; Order of Suspension of Trading 

January 24, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of the issuers 

listed below. As set forth below for each 

issuer, questions have arisen regarding 

the adequacy and accuracy of publicly 

disseminated information concerning, 

among other things: (1) The companies’

current financial condition, (2) the 

companies’ management, (3) the 

companies’ business operations, and/or 

(4) stock promoting activity. 

1. Asia Pacific Energy Inc. is a Nevada 

company with offices in Richmond Hill, 

Ontario, Canada. Questions have arisen 

regarding the adequacy and accuracy of 

statements on the company’s Web site 

concerning the company’s management, 

operations, current financial condition, 

transactions involving the issuance of 

the company’s shares, and concerning 

stock promoting activity. 

2. Bolivar Mining Corp. is a Nevada 

company with offices in Vancouver, 

British Columbia, Canada. Questions 

have arisen regarding the adequacy and 

accuracy of press releases concerning 

the company’s current financial 

condition, operations, management, and 

concerning stock promoting activity. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the companies listed 

above. 

Therefore, it is ordered, pursuant to 

section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the companies listed above 

is suspended for the period from 9:30 

a.m. EST on January 24, 2008, through 

11:59 p.m. EST, on February 6, 2008. 

By the Commission. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 08–359 Filed 1–24–08; 10:26 am] 

BILLING CODE 8011–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

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