Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Waive the Fee Charged to Member Organizations for the Approval of Pre-Qualified Substitutes, 57624-57625 [E7-19911]
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57624
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
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.16
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
Number SR–NYSE–2007–93 on the
subject line.
rwilkins on PROD1PC63 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–NYSE–2007–93. 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, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of the 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
16 For
purposes of calculating the 60-day period
within which the Commission may summarily
abrogate the proposed rule change, the Commission
considers the period to commence on October 2,
2007, the date on which the Exchange filed
Amendment No. 1.
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
available publicly. All submissions
should refer to File Number SR–NYSE–
2007–93 and should be submitted on or
before October 31, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
Nancy M. Morris,
Secretary.
[FR Doc. E7–19908 Filed 10–9–07; 8:45 am]
BILLING CODE 8011–01–P
these statements may be examined at
the places specified in Item IV 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
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56607; File No. SR–NYSE–
2007–91]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Waive the
Fee Charged to Member Organizations
for the Approval of Pre-Qualified
Substitutes
October 3, 2007.
The Exchange proposes to waive for
the remainder of 2007, with retroactive
effect from September 1, 2007, the
$5,000 fee payable by a member
organization in connection with the
approval of a pre-qualified substitute
employee.3 A pre-qualified substitute
employee is an employee of a member
organization who has been approved to
work on the Exchange trading floor and
can be assigned to work on the trading
floor at any time that the member
organization has a trading license
available for use.
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
September 28, 2007, the New York
Stock Exchange LLC (‘‘Exchange’’ or
‘‘NYSE’’) 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 the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
2. Statutory Basis
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to waive for
the remainder of 2007, with retroactive
effect from September 1, 2007, the
$5,000 fee payable by a member
organization in connection with the
approval of a pre-qualified substitute
employee. The text of the proposed rule
change is available at NYSE, the
Commission’s Public Reference Room,
and https://www.nyse.com.
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.
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. The text of
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act 4
in general and furthers the objectives of
Section 6(b)(4) of the Act 5 in particular,
in that it is designed to provide for the
equitable allocation of reasonable dues,
fees, and other charges among its
members and other persons using its
facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective upon filing
pursuant to Section 19(b)(3)(A) of the
3 The fee will continue to be in effect for approval
of new members. Telephone conversation between
John Carey, Assistant General Counsel, NYSE, and
Nathan Saunders, Special Counsel, Division of
Market Regulation, Exchange, on October 3, 2007.
4 15 U.S.C. 78f.
5 15 U.S.C. 78f(b)(4).
E:\FR\FM\10OCN1.SGM
10OCN1
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Act 6 and Rule 19b–4(f)(2) 7 thereunder,
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 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.
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:
rwilkins on PROD1PC63 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–NYSE–2007–91 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–NYSE–2007–91. 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 Commissions
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 the NYSE. 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–NYSE–2007–91 and should
be submitted on or before October 31,
2007.
the ProShares Trust (‘‘Trust’’) based on
four international equity indexes. The
text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room,
and https://www.nyse.com.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.8
Nancy M. Morris,
Secretary.
[FR Doc. E7–19911 Filed 10–9–07; 8:45 am]
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.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56601; File No. SR–
NYSEArca–2007–79]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of a
Proposed Rule Change as Modified by
Amendment No. 1 Thereto To Trade
Shares of Eight Funds of the
ProShares Trust Based on
International Indexes Pursuant to
Unlisted Trading Privileges
October 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 July 31,
2007, NYSE Arca, Inc. (‘‘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. On September 28, 2007, the
Exchange submitted Amendment No. 1
to the proposed rule change. This order
provides notice of the proposed rule
change as modified by Amendment No.
1 and approves the proposed rule
change as amended on an accelerated
basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange, through its whollyowned subsidiary NYSE Arca Equities,
proposes to trade pursuant to unlisted
trading privileges (‘‘UTP’’) shares
(‘‘Shares’’) of eight funds (‘‘Funds’’) of
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6 15
U.S.C. 78s(b)(3)(A).
7 17 CFR 19b–4(f)(2).
VerDate Aug<31>2005
17:08 Oct 09, 2007
1 15
Jkt 214001
57625
PO 00000
Frm 00113
Fmt 4703
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to trade the
Shares of the Funds pursuant to UTP
under NYSE Arca Equities Rule
5.2(j)(3).3 The Commission has
approved the original listing and trading
of the Shares on the American Stock
Exchange LLC (‘‘Amex’’).4
The Funds are designated as Short
Funds (‘‘Short Funds’’) and UltraShort
Funds (‘‘UltraShort Funds’’), as
described more fully below.5 Each of the
3 In October 1999, the Commission approved
NYSE Arca Equities Rule 5.2(j)(3), which sets forth
the rules related to listing and trading criteria for
Investment Company Units (‘‘ICUs’’). See Securities
Exchange Act Release No. 41983 (October 6, 1999),
64 FR 56008 (October 15, 1999) (SR–PCX–98–29).
In July 2001, the Commission also approved the
Exchange’s generic listing standards for listing and
trading, or the trading pursuant to UTP, of ICUs
under NYSE Arca Equities Rule 5.2(j)(3). See
Securities Exchange Act Release No. 44551 (July 12,
2001), 66 FR 37716 (July 19, 2001) (SR–PCX–2001–
14). The definition of an ICU is set forth in NYSE
Arca Equities Rule 5.1(b)(15), which provides that
an ICU is a security representing an interest in a
registered investment company that could be
organized as a unit investment trust, an open-end
management investment company, or a similar
entity.
4 See Securities Exchange Act Release No. 56592
(October 1, 2007) (SR–Amex–2007–60) (‘‘Amex
Order’’). See also Securities Exchange Act Release
No. 56223 (August 8, 2007), 72 FR 45837 (August
15, 2007) (SR–Amex–2007–60) (‘‘Amex Notice’’).
5 The Commission has previously approved
trading certain Ultra Funds, Short Funds, and
UltraShort Funds of the ProShares Trust on the
Exchange pursuant to UTP under NYSE Arca
Equities Rule 5.2(j)(3). See Securities Exchange Act
Release No. 34–55125 (January 18, 2007), 72 FR
3462 (January 25, 2007) (SR–NYSEArca–2006–87).
See also Securities Exchange Act Release No. 54026
Continued
Sfmt 4703
E:\FR\FM\10OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57624-57625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19911]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56607; File No. SR-NYSE-2007-91]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Waive the Fee Charged to Member Organizations for the Approval of Pre-
Qualified Substitutes
October 3, 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 September 28, 2007, the New York Stock Exchange LLC (``Exchange'' or
``NYSE'') 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 the
Exchange. 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
The Exchange proposes to waive for the remainder of 2007, with
retroactive effect from September 1, 2007, the $5,000 fee payable by a
member organization in connection with the approval of a pre-qualified
substitute employee. The text of the proposed rule change is available
at NYSE, the Commission's Public Reference Room, and https://
www.nyse.com.
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. The
text of these statements may be examined at the places specified in
Item IV 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 proposes to waive for the remainder of 2007, with
retroactive effect from September 1, 2007, the $5,000 fee payable by a
member organization in connection with the approval of a pre-qualified
substitute employee.\3\ A pre-qualified substitute employee is an
employee of a member organization who has been approved to work on the
Exchange trading floor and can be assigned to work on the trading floor
at any time that the member organization has a trading license
available for use.
---------------------------------------------------------------------------
\3\ The fee will continue to be in effect for approval of new
members. Telephone conversation between John Carey, Assistant
General Counsel, NYSE, and Nathan Saunders, Special Counsel,
Division of Market Regulation, Exchange, on October 3, 2007.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act \4\ in general and furthers
the objectives of Section 6(b)(4) of the Act \5\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and other persons using
its facilities.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A) of the
[[Page 57625]]
Act \6\ and Rule 19b-4(f)(2) \7\ thereunder, because it establishes or
changes a due, fee, or other charge imposed by the Exchange.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------
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.
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-NYSE-2007-91 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-NYSE-2007-91. 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 Commissions 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 the NYSE. 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-NYSE-2007-91 and should be submitted on
or before October 31, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
[FR Doc. E7-19911 Filed 10-9-07; 8:45 am]
BILLING CODE 8011-01-P
