Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Amendments to NYSE Arca Equities Rules 2.16 and 4.5 Relating to Certain ETP Holder Administrative Procedures, 39477-39479 [E7-13882]

Download as PDF Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices 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 Exchange 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 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 self-regulatory organization consents, the Commission will: (A) By order approve the proposed modifications, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments All submissions should refer to File Number SR–NYSEArca–2006–83. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. 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 Number SR–NYSEArca–2006–83 and should be submitted on or before August 8, 2007. on November 7, 2006, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’), through its wholly owned subsidiary NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’ or the ‘‘Corporation’’), filed with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) the proposed rule change as described in Items I, II and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comment on the proposed rule change from interested persons. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Nancy M. Morris, Secretary. [FR Doc. E7–13880 Filed 7–17–07; 8:45 am] Rule 4.5(b) Part II Quarterly Reports 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: BILLING CODE 8010–01–P Electronic Comments Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Amendments to NYSE Arca Equities Rules 2.16 and 4.5 Relating to Certain ETP Holder Administrative Procedures pwalker on PROD1PC71 with NOTICES • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to: rulecomments@sec.gov. Please include File Number SR–NYSEArca–2006–83 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. VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 39477 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56057; File No. SR– NYSEArca–2006–82] July 12, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that PO 00000 9 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 Frm 00100 Fmt 4703 Sfmt 4703 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary NYSE Arca Equities, proposes to amend NYSE Arca Equities Rules 2.16 and 4.5(b) and (c). The text of the proposed rule change is set forth below. Italicized text indicate additions; brackets indicate deletions. Rule 2.16 Amendments to ETP Holder Documents (a) All formation documents for ETP Holders for which NYSE Arca, Inc. is the Designated Examining Authority, such as articles of incorporation, bylaws, partnership agreements, limited liability company agreements, and all amendments thereto, now in effect or adopted in the future, shall be filed with the Corporation and shall be subject to approval by the Corporation. [Two manually signed copies of] Part II of SEC Form X–17A–5 shall be filed electronically with, and in a manner prescribed by, the Corporation for each calendar quarter by any ETP Holder which carries or clears accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the ETP Holder in accordance with NYSE Arca Equities Rule 2.24. Rule 4.5(c) Part IIA Quarterly Reports [Two manually signed copies of] Part IIA of SEC Form X–17A–5 shall be filed electronically with, and in a manner prescribed by, the Corporation for each calendar quarter by any ETP Holder which does not carry or clear accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the E:\FR\FM\18JYN1.SGM 18JYN1 39478 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices ETP Holder in accordance with NYSE Arca Equities Rule 2.24. 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 self-regulatory organization 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. The self-regulatory organization 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 pwalker on PROD1PC71 with NOTICES (1) Purpose The Exchange proposes to amend NYSE Arca Equities Rules 2.16 and 4.5(b) and (c) in order to simplify the administrative procedures that Equity Trading Permit (‘‘ETP’’) Holders 3 must follow. The Exchange believes that such amendments will not compromise the Exchange’s ability to regulate its ETP Holders. NYSE Arca Equities Rule 2.16 currently provides that all ETP Holders must file their formation documents with the Corporation. The Exchange proposes to amend NYSE Arca Equities Rule 2.16 in order to provide that only those ETP Holders for which the Exchange is the Designated Examining Authority must submit such formation documents to the Corporation. The Exchange believes that it is duplicative and unnecessary for an ETP Holder to submit documentation relating to its organizational structure to more than one SRO for review. Further, to the extent an ETP Holder is required to send organizational documents only to one SRO for review, NYSE Arca believes that the most appropriate SRO to perform that review is the ETP Holder’s Designated Examining Authority. NYSE Arca Equities Rule 4.5(b) currently requires ETP Holders that carry or clear accounts for customers to file two manually signed copies of Part II of SEC Form X–17A–5 with the Corporation on a quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 4.5(b) to provide that such reports shall be filed electronically with the Corporation, rather than 3 See NYSE Arca Equities Rule 1.1(n). VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 manually, and that the ETP Holder shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Equities Rule 2.24.4 NYSE Arca Equities Rule 4.5(c) currently requires ETP Holders that do not carry or clear accounts for customers to file two manually signed copies of Part IIA of SEC Form X–17A–5 with the Corporation on a quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 4.5(c) to provide that such reports shall be filed electronically with the Corporation, rather than manually, and that the ETP Holder shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Equities Rule 2.24.5 The Exchange proposes amending NYSE Arca Equities Rule 4.5(b) and (c) to codify procedural changes that have been implemented by the Exchange and to be consistent with guidance that has been provided previously to ETP Holders. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others (2) Statutory Basis IV. Solicitation of Comments The Exchange believes the proposed rule change is consistent with section 6(b) of the Exchange Act,6 in general, and furthers the objectives of section 6(b)(5) 7 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 Exchange Act. 4 NYSE Arca Equities Rule 2.24 provides that each ETP Holder must make, keep current and preserve such books and records as the Exchange may prescribe and as may be prescribed by the Securities Exchange Act of 1934 (the ‘‘Exchange Act’’) and the rules and regulations thereunder (including any interpretation relating thereto) as though such ETP Holders were brokers or dealers registered with the SEC pursuant to Section 15 of the Exchange Act. 5 Id. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 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 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 self-regulatory organization consents, the Commission will: (A) By order approve the proposed modifications, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. 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 an e-mail to: rulecomments@sec.gov. Please include File Number SR–NYSEArca–2006–82 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–2006–82. 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 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. 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 Number SR–NYSEArca–2006–82 and should be submitted on or before August 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.8 Nancy M. Morris, Secretary. [FR Doc. E7–13882 Filed 7–17–07; 8:45 am] BILLING CODE 8010–01–P SMALL BUSINESS ADMINISTRATION pwalker on PROD1PC71 with NOTICES Region IX Regulatory Fairness Board; Public Federal Regulatory Enforcement Fairness Hearing The U.S. Small Business Administration (SBA) Region IX Regulatory Fairness Board and the SBA Office of the National Ombudsman will hold a National Regulatory Fairness Hearing on Thursday, July 19, 2007, at 10 a.m. The forum will take place at the Chamber of Commerce of Hawaii, 1132 Bishop Street Building Conference Room, 3rd Floor, Honolulu, HI 96813. The purpose of the meeting is for Business Organizations, Trade Associations, Chambers of Commerce and related organizations serving small business concerns to report experiences regarding unfair or excessive Federal regulatory enforcement issues affecting their members. Anyone wishing to attend or to make a presentation must contact Karen Sakihama, in writing or by fax in order to be placed on the agenda. Karen Sakihama, Deputy District Director, SBA, Hawaii District Office, 300 Ala Moana Boulevard, Room 2–235, Honolulu, HI 96850, phone (808) 541– 2990, Ext. 209 and fax (202) 481–2849, e-mail: Karen.sakihama@sba.gov. 8 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 For more information, see our Web site at http://www.sba.gov/ombudsman. Matthew Teague, Committee Management Officer. [FR Doc. E7–13920 Filed 7–17–07; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), DOT. TIME AND DATE: August 9, 2007, 11 a.m. to 2 p.m., Eastern Daylight Time, and August 30, 2007, 11 a.m. to 2 p.m., Eastern Daylight Time. PLACE: These meetings will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at (505) 827–4565 to receive the toll free numbers and pass codes needed to participate in these meetings by telephone. STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. AGENCY: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827–4565. FOR FURTHER INFORMATION CONTACT: Dated: July 13, 2007. William A. Quade, Acting Associate Administrator for Enforcement and Program Delivery. [FR Doc. 07–3520 Filed 7–16–07; 3:49 pm] BILLING CODE 4910–EX–P U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Notice of Open Public Hearing U.S.-China Economic and Security Review Commission. ACTION: Notice of open public hearing— July 31, 2007, Washington, DC. AGENCY: SUMMARY: Notice is hereby given of the following hearing of the U.S.-China Economic and Security Review Commission. Name: Carolyn Bartholomew, Chairman of the U.S.-China Economic and Security Review Commission. Frm 00102 Fmt 4703 Sfmt 4703 The Commission is mandated by Congress to investigate, assess, evaluate, and report to Congress annually on ‘‘the national security implications and impact of the bilateral trade and economic relationship between the United States and the People’s Republic of China.’’ Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on July 31, 2007 on ‘‘Access to Information inside the People’s Republic of China.’’ Background Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors PO 00000 39479 This event is the sixth in a series of public hearings the Commission will hold during its 2007 report cycle to collect input from leading experts in academia, business, industry, government and from the public on the impact of the economic and national security implications of the U.S. bilateral trade and economic relationship with China. The July 31 hearing is being conducted to examine contemporary developments in Chinese information control mechanisms, the factors motivating those systems, and the impact they have on America’s ability to assure the safety of Chinese imports. The hearing, entitled ‘‘Access to Information in the People’s Republic of China,’’ will be co-chaired by Chairman Carolyn Bartholomew and Commissioner Kerri Houston. Information on this hearing, including a detailed hearing agenda and information about panelists, will be made available on the Commission’s Web site prior to the hearing date. Detailed information about the Commission, the texts of its annual reports and hearing records, and the products of research it has commissioned can be found on the Commission’s Web site at http:// www.uscc.gov. Any interested party may file a written statement by July 31, 2007, by mailing to the contact below. Date and Time: Tuesday, July 31, 2007, 9:00 a.m. to 4:30 p.m. A detailed agenda for the hearing will be posted to the Commission’s Web site at http:// www.uscc.gov in the near future. ADDRESSES: The hearings will be held on Capitol Hill in Room 385, Russell Senate Office Building, located at Delaware & Constitution Avenues, NE., Washington, DC 20510. Public seating is limited to approximately 50 people on a first come, first served basis. Advance reservations are not required. FOR FURTHER INFORMATION CONTACT: Kathy Michels, Associate Director for the U.S.-China Economic and Security Review Commission, 444 North Capitol E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39477-39479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13882]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56057; File No. SR-NYSEArca-2006-82]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change Relating to Amendments to NYSE Arca Equities 
Rules 2.16 and 4.5 Relating to Certain ETP Holder Administrative 
Procedures

July 12, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on November 7, 2006, NYSE Arca, Inc. (``NYSE Arca'' or the 
``Exchange''), through its wholly owned subsidiary NYSE Arca Equities, 
Inc. (``NYSE Arca Equities'' or the ``Corporation''), filed with the 
Securities and Exchange Commission (``Commission'' or ``SEC'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been substantially prepared by the Exchange. The Commission 
is publishing this notice to solicit comment 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

    The Exchange, through its wholly owned subsidiary NYSE Arca 
Equities, proposes to amend NYSE Arca Equities Rules 2.16 and 4.5(b) 
and (c). The text of the proposed rule change is set forth below. 
Italicized text indicate additions; brackets indicate deletions.

Rule 2.16 Amendments to ETP Holder Documents

    (a) All formation documents for ETP Holders for which NYSE Arca, 
Inc. is the Designated Examining Authority, such as articles of 
incorporation, by-laws, partnership agreements, limited liability 
company agreements, and all amendments thereto, now in effect or 
adopted in the future, shall be filed with the Corporation and shall be 
subject to approval by the Corporation.

Rule 4.5(b) Part II Quarterly Reports

    [Two manually signed copies of] Part II of SEC Form X-17A-5 shall 
be filed electronically with, and in a manner prescribed by, the 
Corporation for each calendar quarter by any ETP Holder which carries 
or clears accounts for customers. Such report shall be due by the 
seventeenth business day following the end of the calendar quarter 
being reported upon. Original copies of such reports with manual 
signatures shall be maintained by the ETP Holder in accordance with 
NYSE Arca Equities Rule 2.24.

Rule 4.5(c) Part IIA Quarterly Reports

    [Two manually signed copies of] Part IIA of SEC Form X-17A-5 shall 
be filed electronically with, and in a manner prescribed by, the 
Corporation for each calendar quarter by any ETP Holder which does not 
carry or clear accounts for customers. Such report shall be due by the 
seventeenth business day following the end of the calendar quarter 
being reported upon. Original copies of such reports with manual 
signatures shall be maintained by the

[[Page 39478]]

ETP Holder in accordance with NYSE Arca Equities Rule 2.24.

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 self-regulatory organization 
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. The self-regulatory organization 
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 Rules 2.16 and 
4.5(b) and (c) in order to simplify the administrative procedures that 
Equity Trading Permit (``ETP'') Holders \3\ must follow. The Exchange 
believes that such amendments will not compromise the Exchange's 
ability to regulate its ETP Holders.
---------------------------------------------------------------------------

    \3\ See NYSE Arca Equities Rule 1.1(n).
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 2.16 currently provides that all ETP 
Holders must file their formation documents with the Corporation. The 
Exchange proposes to amend NYSE Arca Equities Rule 2.16 in order to 
provide that only those ETP Holders for which the Exchange is the 
Designated Examining Authority must submit such formation documents to 
the Corporation. The Exchange believes that it is duplicative and 
unnecessary for an ETP Holder to submit documentation relating to its 
organizational structure to more than one SRO for review. Further, to 
the extent an ETP Holder is required to send organizational documents 
only to one SRO for review, NYSE Arca believes that the most 
appropriate SRO to perform that review is the ETP Holder's Designated 
Examining Authority.
    NYSE Arca Equities Rule 4.5(b) currently requires ETP Holders that 
carry or clear accounts for customers to file two manually signed 
copies of Part II of SEC Form X-17A-5 with the Corporation on a 
quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 
4.5(b) to provide that such reports shall be filed electronically with 
the Corporation, rather than manually, and that the ETP Holder shall 
maintain original copies of such reports with manual signatures in 
accordance with NYSE Arca Equities Rule 2.24.\4\
---------------------------------------------------------------------------

    \4\ NYSE Arca Equities Rule 2.24 provides that each ETP Holder 
must make, keep current and preserve such books and records as the 
Exchange may prescribe and as may be prescribed by the Securities 
Exchange Act of 1934 (the ``Exchange Act'') and the rules and 
regulations thereunder (including any interpretation relating 
thereto) as though such ETP Holders were brokers or dealers 
registered with the SEC pursuant to Section 15 of the Exchange Act.
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 4.5(c) currently requires ETP Holders that 
do not carry or clear accounts for customers to file two manually 
signed copies of Part IIA of SEC Form X-17A-5 with the Corporation on a 
quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 
4.5(c) to provide that such reports shall be filed electronically with 
the Corporation, rather than manually, and that the ETP Holder shall 
maintain original copies of such reports with manual signatures in 
accordance with NYSE Arca Equities Rule 2.24.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    The Exchange proposes amending NYSE Arca Equities Rule 4.5(b) and 
(c) to codify procedural changes that have been implemented by the 
Exchange and to be consistent with guidance that has been provided 
previously to ETP Holders.
(2) Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
section 6(b) of the Exchange Act,\6\ in general, and furthers the 
objectives of section 6(b)(5) \7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 Exchange 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

    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 self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed modifications, 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 (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to: rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2006-82 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-2006-82. 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

[[Page 39479]]

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, 100 F Street, NE., Washington, DC 20549, on official 
business days between the hours of 10 a.m. and 3 p.m. 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 Number SR-NYSEArca-2006-82 and should be submitted on or before 
August 8, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-13882 Filed 7-17-07; 8:45 am]
BILLING CODE 8010-01-P