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]
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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: (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, 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 (https://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 (https://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: (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
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 https://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 https://
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 https://
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 (https://
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: (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
[[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\
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\8\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E7-13882 Filed 7-17-07; 8:45 am]
BILLING CODE 8010-01-P
