Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Exchange Fees and Charges, 77847-77849 [06-9864]
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
attributes trade volume for direct billing
purposes.
2. Statutory BasisThe
Exchange states that the basis under
the Act for this proposed rule change is
the requirement under Section 6(b)(5) 6
that an exchange have rules that are
designed to promote just and equitable
principles of trade, to serve 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 Exchange states that
the proposed rule will provide more
accurate order identification.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange states that the proposed
rule change does not 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 states that no written
comments were solicited or received
with respect to the proposed rule
change.
jlentini on PROD1PC65 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms does not become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 7 and Rule
19b-4(f)(6) thereunder.8
The Exchange requests that the
Commission waive the provision in
Rule 19b-4(e)(6)(iii) 9 requiring written
notice of the NYSE’s intent to file the
proposed rule change at least five days
prior to the filing date. The Commission
grants the Exchange’s request to waive
the pre-filing requirement because a
similar version this proposal was filed
previously with the Commission.
At any time within 60 days of the
filing of the proposed rule change, the
6 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b-4(f)(6).
9 17 CFR 240.19b-4(e)(6)(iii).
7 15
VerDate Aug<31>2005
20:43 Dec 26, 2006
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–NYSE–2006–89 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
No. SR–NYSE–2006–89. 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 (https://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 No.
SR–NYSE–2006–89 and should be
submitted on or before January 17, 2007.
10 17
Jkt 211001
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CFR 200.30–3(a)(12).
Frm 00131
Fmt 4703
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77847
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.10
Nancy M. Morris,
Secretary.
[FR Doc. E6–22090 Filed 12–26–06; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54966; File No. SR–
NYSEArca–2006–89]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1
Thereto Relating to Exchange Fees
and Charges
December 19, 2006.
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
1, 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 NYSE Arca.
On December 15, 2006, the Exchange
submitted Amendment No. 1 to the
proposed rule change. NYSE Arca has
filed the proposal pursuant to Section
19(b)(3)(A) 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,
as amended, from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
NYSE Arca proposes to amend its
Schedule of Fees and Charges For
Exchange Services (‘‘Schedule’’) to
make a minor change to the Firm
Transaction Fee, eliminate certain
obsolete fees, and make a nonsubstantive formatting change to the
Schedule. The text of the proposed rule
change is available on NYSE Arca’s Web
site at https://www.nysearca.com, at the
principal office of NYSE Arca, and at
the Commission’s Public Reference
Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
2 17
E:\FR\FM\27DEN1.SGM
27DEN1
77848
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NYSE Arca 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 the
these statements may be examined at
the places specified in Item IV below.
NYSE Arca 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 its
Schedule in order to make a minor
change to the Firm Transaction Fee,
eliminate certain obsolete fees, and
make a non-substantive formatting
change.
jlentini on PROD1PC65 with NOTICES
Changes to the Firm Transaction Fee
NYSE Arca charges transaction fees
associated with all option contracts that
are executed on the Exchange. The
current Firm Transaction Fee applies to
OTP Firm 5 proprietary trades that have
a customer of that firm on the contra
side of the transaction. The Exchange
offers this rate as an incentive to OTP
Firms to direct their customer orders to
NYSE Arca for execution. NYSE Arca
applies the Firm Transaction Fee to all
trades between an OTP Firm and a
customer of the same OTP Firm,
whenever a proprietary account of the
firm is used. This includes market
makers that trade against orders that
their affiliated firm represents for
customers. The Firm Transaction Fee
became applicable for certain market
maker transactions upon the filing of a
proposed rule change with the
commission.6 At that time the Market
Maker Transaction Fee was $0.26 per
contract and the Firm Transaction Fee
was $0.15 per contract. As stated above,
the cost savings was offered as a
incentive for Firms to send addition
customer orders to NYSE Arca. As part
of a more recent proposed rule change,7
the Market Maker Transaction Fee was
lowered to $0.16 per contract,
5 See
NYSE Arca Rule (1(r).
Securities Exchange Act Release No. 53165
(January 22, 2006), 71 FR 4955 (January 30, 2006)
(SR–PCX–2005–136..
7 See Securities Exchange Act Release No. 54309
(August 11, 2006), 71 FR 48571 (August 21, 2006)
(SR–NYSEArca–2006–25).
6 See
VerDate Aug<31>2005
20:43 Dec 26, 2006
Jkt 211001
representing a savings of almost 40%
over the previous fee. Because of the
reduction in the Market Maker
Transaction Fee, the additional savings
afforded by the application of the Firm
Transaction Fee in certain instances, is
no longer significant. In order to
simplify the billing process, all market
maker transactions will now be billed
the same the fee of $0.16 per contract.
While this change represents a modest
$0.01 increase in certain cases, the
Exchange believes that it is more than
compensated for by the previous
reduction in the Market Maker
Transaction Fee.
The change to this fee will be
reflected in the footnote associated with
the Firm Transaction Fee on the
Schedule.
Elimination of Obsolete Fees
Due to changes in the market
structure at NYSE Arca certain fees have
become outdate and obsolete. The
Exchange proposes to eliminate these
fees from the Schedule.
• Order Cancellation Fee—This fee
was applied to orders were cancelled on
the PCX Plus automated trading system.
This system is no longer in use and
accordingly the fee no longer applies.
∑ Booth WorkStation Fee—This fee
was assessed to OTP Firms operating on
the floor of the Exchange that used
certain Exchange provided
workstations. These workstations have
been replaced by firm proprietary
systems; therefore the fee no longer
applies.
∑ Printer Fee—Prior to the
introduction of the OX system,8 the
Exchange provided printers that would
generate order tickets in certain cases
where orders were not electronically
executed or represented. OX is a fully
automated system and does not need to
print order tickets. The printers are no
longer in use and therefore the user fee
no longer applies.
∑ Market Maker Held Fees—Market
Makers on the floor of the Exchange
now use proprietary trading systems to
interface with the OX system. The
Market Maker Hand Held system is no
longer in use on NYSE Area;
accordingly the fees associated with it
no longer apply.
Administrative Changes
the Exchange also proposes a change
to the formatting of the Schedule.
Presently, the Schedule shows a list of
explanatory end notes on the last page
of the Schedule. With the new format,
8 See Securities Exchange Act Release No. 54238
(July 28, 2006), 71 FR 44758 (August 7, 2006)(SR–
NYSEArca–2006–13).
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
the end notes will be moved to the
appropriate page that shows the
corresponding fee or charge. Except
where previously noted, the language in
the reference notes will remain the
same, just the formatting of the
reference note will change. The
Exchange believes that by having the
reference notes on the same page as the
corresponding charge or fee, the
Schedule will be more user friendly and
easier to read.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
provisions of Section 6 of the Act, 9 in
general, and with Section 6(b)(4) of the
Act,10 in particular, in that the proposal
provides for the equitable allocation of
reasonable dues, fees, and other charges
among its OTP Holders 11 and OTP
Firms trading option contracts on NYSE
Arca.
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 is
subject to Section 19(b)(3)(A)(ii) of the
Act 12 and subparagraph (f)(2) of Rule
19b–4 thereunder 13 because it
establishes or changes a due, fee, or
other charge applicable only to a
member imposed by the self-regulatory
organization. Accordingly, the proposal
is effective upon Commission receipt of
the filing. 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.14
9 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
11 See NYSE Arca rule 1(q).
12 15 U.S.C. 78s(b)(3)(A)(ii).
13 17 CFR 240.19bn–4(f)(2).
14 15 U.S.C. 78s(b)(3)(C). For purposes of
calculating the 60-day period within which the
10 15
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
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 from (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2006–89 on the
subject line.
jlentini on PROD1PC65 with NOTICES
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–2006–89. 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 (https://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 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–2006–89 and
should be submitted on or before
January 17, 2007.
Commission may summarily abrogate the proposal,
the Commission considers the period to commence
on December 15, 2006, the date on which the
Exchange submitted Amendment No. 1.
VerDate Aug<31>2005
20:43 Dec 26, 2006
Jkt 211001
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 06–9864 Filed 12–26–06; 8:45 am]
BILLING CODE 8011–01–M
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54967; File No. SR–
NYSEArca–2006–90]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of
Proposed Rule Change to Trade
Exchange-Traded Notes Linked to the
MSCI India Total Return Index
Pursuant to Unlisted Trading
Privileges
December 19, 2006.
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
18, 2006, NYSE Arca, Inc. (the
‘‘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 Commission is publishing this
notice and order to solicit comments on
the proposal from interested persons
and to approve the proposal on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange, through NYSE Arca
Equities, is proposing to trade
Exchange-Traded Notes (‘‘Notes’’) of
Barclays Bank PLC (‘‘Barclays’’) linked
to the performance of the MSCI India
Total Return Index (‘‘Index’’) pursuant
to unlisted trading privileges (‘‘UTP’’).
The text of the proposed rule change is
available on the Exchange’s Web site
https://www.nysearca.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
77849
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 is proposing to trade
the Notes of Barclays linked to the
performance of the Index pursuant to
UTP. The Index is a free-float-adjusted
market capitalization index that is
designed to measure the market
performance, including price
performance and income from dividend
payments, of Indian equity securities.
The Index is currently comprised of the
top 68 companies by market
capitalization listed on the National
Stock Exchange of India. The Index is
calculated by Morgan Stanley Capital
International Inc. (‘‘MSCI’’) and is
denominated in U.S. dollars. A rule
proposal for the original listing and
trading of the Notes by New York Stock
Exchange LLC (‘‘NYSE’’) has been
approved by the Commission.3 The
Exchange deems the Notes to be an
equity securities, thus rendering trading
in the Notes subject to the Exchange’s
existing rules governing the trading of
equity securities. The trading hours for
the Notes on the Exchange would be
from 9:30 a.m. to 8 p.m. Eastern Time
(‘‘ET’’) in accordance with NYSE Arca
Equities Rule 7.34(a).
Quotations for and last sale
information regarding the Notes are
disseminated through the Consolidated
Quotation System. Bloomberg L.P.
disseminates the value of the Index
under the ticker symbol ‘‘NDEUSIA’’
and this information is widely
disseminated by quotation vendors. The
Index is static during the NYSE’s
trading day from 9:30 a.m. ET to 4 p.m.
ET, which is equivalent to the
Exchange’s Core Trading Session. An
intraday ‘‘indicative value’’ (‘‘IIV’’)
meant to approximate the intrinsic
15 17
1 15
PO 00000
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3 See Securities Exchange Act Release No. 54944
(December 15, 2006).
E:\FR\FM\27DEN1.SGM
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Agencies
[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 77847-77849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9864]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54966; File No. SR-NYSEArca-2006-89]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1
Thereto Relating to Exchange Fees and Charges
December 19, 2006.
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 1, 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 NYSE Arca. On December 15,
2006, the Exchange submitted Amendment No. 1 to the proposed rule
change. NYSE Arca has filed the proposal pursuant to Section
19(b)(3)(A) 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, as amended, from interested persons.
---------------------------------------------------------------------------
\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)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NYSE Arca proposes to amend its Schedule of Fees and Charges For
Exchange Services (``Schedule'') to make a minor change to the Firm
Transaction Fee, eliminate certain obsolete fees, and make a non-
substantive formatting change to the Schedule. The text of the proposed
rule change is available on NYSE Arca's Web site at https://www.nysearca.com, at the principal office of NYSE Arca, and at the
Commission's Public Reference Room.
[[Page 77848]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, NYSE Arca 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 the these statements may be examined at the places specified in
Item IV below. NYSE Arca 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 its Schedule in order to make a
minor change to the Firm Transaction Fee, eliminate certain obsolete
fees, and make a non-substantive formatting change.
Changes to the Firm Transaction Fee
NYSE Arca charges transaction fees associated with all option
contracts that are executed on the Exchange. The current Firm
Transaction Fee applies to OTP Firm \5\ proprietary trades that have a
customer of that firm on the contra side of the transaction. The
Exchange offers this rate as an incentive to OTP Firms to direct their
customer orders to NYSE Arca for execution. NYSE Arca applies the Firm
Transaction Fee to all trades between an OTP Firm and a customer of the
same OTP Firm, whenever a proprietary account of the firm is used. This
includes market makers that trade against orders that their affiliated
firm represents for customers. The Firm Transaction Fee became
applicable for certain market maker transactions upon the filing of a
proposed rule change with the commission.\6\ At that time the Market
Maker Transaction Fee was $0.26 per contract and the Firm Transaction
Fee was $0.15 per contract. As stated above, the cost savings was
offered as a incentive for Firms to send addition customer orders to
NYSE Arca. As part of a more recent proposed rule change,\7\ the Market
Maker Transaction Fee was lowered to $0.16 per contract, representing a
savings of almost 40% over the previous fee. Because of the reduction
in the Market Maker Transaction Fee, the additional savings afforded by
the application of the Firm Transaction Fee in certain instances, is no
longer significant. In order to simplify the billing process, all
market maker transactions will now be billed the same the fee of $0.16
per contract. While this change represents a modest $0.01 increase in
certain cases, the Exchange believes that it is more than compensated
for by the previous reduction in the Market Maker Transaction Fee.
---------------------------------------------------------------------------
\5\ See NYSE Arca Rule (1(r).
\6\ See Securities Exchange Act Release No. 53165 (January 22,
2006), 71 FR 4955 (January 30, 2006) (SR-PCX-2005-136..
\7\ See Securities Exchange Act Release No. 54309 (August 11,
2006), 71 FR 48571 (August 21, 2006) (SR-NYSEArca-2006-25).
---------------------------------------------------------------------------
The change to this fee will be reflected in the footnote associated
with the Firm Transaction Fee on the Schedule.
Elimination of Obsolete Fees
Due to changes in the market structure at NYSE Arca certain fees
have become outdate and obsolete. The Exchange proposes to eliminate
these fees from the Schedule.
Order Cancellation Fee--This fee was applied to orders
were cancelled on the PCX Plus automated trading system. This system is
no longer in use and accordingly the fee no longer applies.
Booth WorkStation Fee--This fee was assessed to OTP Firms
operating on the floor of the Exchange that used certain Exchange
provided workstations. These workstations have been replaced by firm
proprietary systems; therefore the fee no longer applies.
Printer Fee--Prior to the introduction of the OX
system,\8\ the Exchange provided printers that would generate order
tickets in certain cases where orders were not electronically executed
or represented. OX is a fully automated system and does not need to
print order tickets. The printers are no longer in use and therefore
the user fee no longer applies.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006)(SR-NYSEArca-2006-13).
---------------------------------------------------------------------------
Market Maker Held Fees--Market Makers on the floor of the
Exchange now use proprietary trading systems to interface with the OX
system. The Market Maker Hand Held system is no longer in use on NYSE
Area; accordingly the fees associated with it no longer apply.
Administrative Changes
the Exchange also proposes a change to the formatting of the
Schedule. Presently, the Schedule shows a list of explanatory end notes
on the last page of the Schedule. With the new format, the end notes
will be moved to the appropriate page that shows the corresponding fee
or charge. Except where previously noted, the language in the reference
notes will remain the same, just the formatting of the reference note
will change. The Exchange believes that by having the reference notes
on the same page as the corresponding charge or fee, the Schedule will
be more user friendly and easier to read.
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
provisions of Section 6 of the Act, \9\ in general, and with Section
6(b)(4) of the Act,\10\ in particular, in that the proposal provides
for the equitable allocation of reasonable dues, fees, and other
charges among its OTP Holders \11\ and OTP Firms trading option
contracts on NYSE Arca.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f.
\10\ 15 U.S.C. 78f(b)(4).
\11\ See NYSE Arca rule 1(q).
---------------------------------------------------------------------------
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 is subject to Section
19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule 19b-4
thereunder \13\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by the self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. 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.\14\
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\12\ 15 U.S.C. 78s(b)(3)(A)(ii).
\13\ 17 CFR 240.19bn-4(f)(2).
\14\ 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to commence on
December 15, 2006, the date on which the Exchange submitted
Amendment No. 1.
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[[Page 77849]]
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 from (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2006-89 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-2006-89.
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 (https://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 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-2006-89 and should be submitted on or before
January 17, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 06-9864 Filed 12-26-06; 8:45 am]
BILLING CODE 8011-01-M