Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Expanding the Business Activities of Archipelago Securities, L.L.C., 6308-6309 [E7-2152]
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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 13 and
subparagraph (f)(2) of Rule 19b–4
thereunder 14 because it establishes or
changes a due, fee or other charge
imposed by the Exchange. 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 of
appropriate in the public interest, for
the protection of investors, or otherwise
in the 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:
jlentini on PROD1PC65 with NOTICES
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
Number SR–NYSEArca–2007–07 on the
subject line.
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 No.
SR–NYSEArca–2007–07 and should be
submitted on or before March 2, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–2129 Filed 2–8–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55232; File No. SR–
NYSEArca–2007–09]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change Relating to Expanding
the Business Activities of Archipelago
Securities, L.L.C.
February 2, 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 January
Paper Comments
25, 2007, NYSE Arca, Inc. (‘‘NYSE
• Send paper comments in triplicate
Arca’’ or the ‘‘Exchange’’) filed with the
to Nancy M. Morris, Secretary,
Securities and Exchange Commission
Securities and Exchange Commission,
(‘‘Commission’’) the proposed rule
100 F Street, NE, Washington DC
change as described in Items I, II, and
20549–1090.
III below, which Items have been
All submissions should refer to File
substantially prepared by NYSE Arca.
Number SR–NYSEArca–2007–07. This
The Commission is publishing this
file number should be included on the
notice to solicit comments on the
subject line if e-mail is used. To help the proposed rule change from interested
Commission process and review your
persons.
comments more efficiently, please use
only one method. The Commission will I. Self-Regulatory Organization’s
post all comments on the Commission’s Statement of the Terms of Substance of
the Proposed Rule Change
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
NYSE Arca is proposing to expand the
submission, all subsequent
business activities of Archipelago
amendments, all written statements
Securities, L.L.C. (‘‘Archipelago
with respect to the proposed rule
Securities’’), a registered broker-dealer,
change that are filed with the
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
13 15
U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b7–4(f)(2).
VerDate Aug<31>2005
21:06 Feb 08, 2007
1 15
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Frm 00115
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Sfmt 4703
a member of several self-regulatory
organizations including the NASD, and
a facility of the Exchange. With this
filing, the Exchange proposes that, in
addition to providing an optional
outbound order routing service for the
Exchange, Archipelago Securities shall
act as a marketing agent on behalf of
NYSE Arca Tech 100 Index (the
‘‘Index’’) and NYSE Arca Tech 100 ETF
(the ‘‘ETF’’) and provide reasonable
services attendant thereto.
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 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
In October 2001, the Commission
approved Wave Securities, L.L.C.
(‘‘Wave’’) to operate as a facility of the
Exchange, as that term is defined in
Section 3(a)(2) of the Act.3 At that time,
the Commission authorized Wave to
perform outbound router services for the
Exchange, as a facility of the Exchange.
Archipelago Securities succeeded Wave
in the second quarter of 2003 and
assumed certain of Wave’s duties,
including the outbound router function.
The Commission subsequently reapproved the outbound router function
as a facility of the Exchange in
connection with the acquisition of the
Pacific Exchange, Inc. by Archipelago
Holdings, Inc., the parent company of
the Exchange.4 Pursuant to the
Archipelago/PCX Acquisition Release,
any expansion of the business activities
of Archipelago Securities must be
approved by the Commission. Most
recently, the Commission approved the
expansion of the business activities of
Archipelago Securities to include, as a
facility of the Exchange, the function of
3 See Securities Exchange Act Release No. 44983
(October 25, 2001), 66 FR 55225 (November 1, 2001)
(SR–PCX–00–25).
4 See Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29,
2005) (SR–PCX–2005–90) (‘‘Archipelago/PCX
Acquisition Release’’).
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Notices
routing option orders for members of the
Exchange.5
With this filing, the Exchange
proposes that Archipelago Securities act
as a marketing agent on behalf of the
Index and the ETF and provide
reasonable services attendant thereto.
This proposed business activity has no
connection to Archipelago Securities’
facility functions described above. As
marketing agent for the Index and the
ETF, Archipelago Securities will
develop a marketing plan designed to
advertise, promote, and increase public
awareness of the Index and the ETF
within the financial services industry
and investing public (‘‘Marketing
Plan’’), including: branding,
promotional activities, development and
design of marketing materials, collateral
and media campaigns (i.e., electronic
media, print media, Internet, etc.), and
hosting a Web site for the ETF. Pursuant
to this Marketing Plan, Archipelago
Securities has drafted and expects to
imminently execute an agreement with
B.C. Zeigler and Company to provide
the foregoing services for a period of one
(1) year and renewable, upon agreement
of both parties, annually thereafter.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 6 of the Act,
in general, and furthers the objectives of
Section 6(b)(8) 7 of the Act, in particular,
in that it does not impose any burden
on competition not necessary or
appropriate in furtherance of the
purposes of the Act.
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.
jlentini on PROD1PC65 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
5 See Securities Exchange Act Release No. 54238
(July 28, 2006), 71 FR 44758 (August 7, 2006) (SR–
NYSEArca–2006–13).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(8).
VerDate Aug<31>2005
21:06 Feb 08, 2007
Jkt 211001
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission will:
(A) By order approve such proposed
rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–NYSEArca–2007–09 on the
subject line.
6309
should be submitted on or before March
2, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–2152 Filed 2–8–07; 8:45 am]
BILLING CODE 8010–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2007–0010]
Privacy Act of 1974, as Amended;
Computer Matching Program (SSA/
Department of the Treasury, Internal
Revenue Service (IRS))—Match 1310
AGENCY:
Social Security Administration
(SSA).
Notice of amended computer
matching program, which is expected to
begin March 27, 2007.
ACTION:
SUMMARY: In accordance with the
provisions of the Privacy Act, as
amended, this notice announces a
Paper Comments
computer matching program that SSA
• Send paper comments in triplicate
plans to conduct with the IRS.
to Nancy M. Morris, Secretary,
DATES: SSA will file a report of the
Securities and Exchange Commission,
subject matching program with the
Station Place, 100 F Street, NE.,
Committee on Homeland Security and
Washington, DC 20549–1090.
Governmental Affairs of the Senate, the
All submissions should refer to File
Committee on Government Reform of
Number SR–NYSEArca–2007–09. This
the House of Representatives, and the
file number should be included on the
subject line if e-mail is used. To help the Office of Information and Regulatory
Affairs, Office of Management and
Commission process and review your
Budget (OMB). The matching program
comments more efficiently, please use
only one method. The Commission will will be effective as indicated below.
post all comments on the Commission’s ADDRESSES: Interested parties may
comment on this notice by either telefax
Internet Web site (https://www.sec.gov/
to (410) 965–8582 or writing to the
rules/sro.shtml). Copies of the
Associate Commissioner, Office of
submission, all subsequent
Income Security Programs, 252
amendments, all written statements
Altmeyer Building, 6401 Security
with respect to the proposed rule
Boulevard, Baltimore, MD 21235–6401.
change that are filed with the
All comments received will be available
Commission, and all written
for public inspection at this address.
communications relating to the
FOR FURTHER INFORMATION CONTACT: The
proposed rule change between the
Commission and any person, other than Associate Commissioner for Income
Security Programs as shown above.
those that may be withheld from the
public in accordance with the
SUPPLEMENTARY INFORMATION:
provisions of 5 U.S.C. 552, will be
A. General
available for inspection and copying in
the Commission’s Public Reference
The Computer Matching and Privacy
Room. Copies of such filing also will be Protection Act of 1988 (Pub. L. 100–503)
available for inspection and copying at
amended the Privacy Act (5 U.S.C. 552a)
the principal office of the Exchange. All by describing the manner in which
comments received will be posted
computer matching involving Federal
without change; the Commission does
agencies could be performed and by
not edit personal identifying
adding certain protections for
information from submissions. You
individuals applying for, and receiving,
should submit only information that
Federal benefits. Section 7201 of the
you wish to make available publicly. All Omnibus Budget Reconciliation Act of
submissions should refer to File
8 17 CFR 200.30–3(a)(12).
Number SR–NYSEArca–2007–09 and
PO 00000
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Sfmt 4703
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09FEN1
]]>Agencies
[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Notices]
[Pages 6308-6309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2152]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55232; File No. SR-NYSEArca-2007-09]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Expanding the Business Activities
of Archipelago Securities, L.L.C.
February 2, 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 January 25, 2007, NYSE Arca, Inc. (``NYSE Arca'' or the
``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. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NYSE Arca is proposing to expand the business activities of
Archipelago Securities, L.L.C. (``Archipelago Securities''), a
registered broker-dealer, a member of several self-regulatory
organizations including the NASD, and a facility of the Exchange. With
this filing, the Exchange proposes that, in addition to providing an
optional outbound order routing service for the Exchange, Archipelago
Securities shall act as a marketing agent on behalf of NYSE Arca Tech
100 Index (the ``Index'') and NYSE Arca Tech 100 ETF (the ``ETF'') and
provide reasonable services attendant thereto.
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 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
In October 2001, the Commission approved Wave Securities, L.L.C.
(``Wave'') to operate as a facility of the Exchange, as that term is
defined in Section 3(a)(2) of the Act.\3\ At that time, the Commission
authorized Wave to perform outbound router services for the Exchange,
as a facility of the Exchange. Archipelago Securities succeeded Wave in
the second quarter of 2003 and assumed certain of Wave's duties,
including the outbound router function. The Commission subsequently re-
approved the outbound router function as a facility of the Exchange in
connection with the acquisition of the Pacific Exchange, Inc. by
Archipelago Holdings, Inc., the parent company of the Exchange.\4\
Pursuant to the Archipelago/PCX Acquisition Release, any expansion of
the business activities of Archipelago Securities must be approved by
the Commission. Most recently, the Commission approved the expansion of
the business activities of Archipelago Securities to include, as a
facility of the Exchange, the function of
[[Page 6309]]
routing option orders for members of the Exchange.\5\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 44983 (October 25,
2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25).
\4\ See Securities Exchange Act Release No. 52497 (September 22,
2005), 70 FR 56949 (September 29, 2005) (SR-PCX-2005-90)
(``Archipelago/PCX Acquisition Release'').
\5\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13).
---------------------------------------------------------------------------
With this filing, the Exchange proposes that Archipelago Securities
act as a marketing agent on behalf of the Index and the ETF and provide
reasonable services attendant thereto. This proposed business activity
has no connection to Archipelago Securities' facility functions
described above. As marketing agent for the Index and the ETF,
Archipelago Securities will develop a marketing plan designed to
advertise, promote, and increase public awareness of the Index and the
ETF within the financial services industry and investing public
(``Marketing Plan''), including: branding, promotional activities,
development and design of marketing materials, collateral and media
campaigns (i.e., electronic media, print media, Internet, etc.), and
hosting a Web site for the ETF. Pursuant to this Marketing Plan,
Archipelago Securities has drafted and expects to imminently execute an
agreement with B.C. Zeigler and Company to provide the foregoing
services for a period of one (1) year and renewable, upon agreement of
both parties, annually thereafter.
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) \6\ of the
Act, in general, and furthers the objectives of Section 6(b)(8) \7\ of
the Act, in particular, in that it does not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
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
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
(A) By order approve such proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
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 rule-comments@sec.gov. Please include
File No. SR-NYSEArca-2007-09 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2007-09. 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 also will 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-2007-09 and should be submitted on or before
March 2, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-2152 Filed 2-8-07; 8:45 am]
BILLING CODE 8010-01-P
