Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Fees and Charges, 58923-58924 [E7-20445]

Download as PDF Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices information that you wish to make available publicly. All submissions should refer to File Number SR–ISE– 2007–96 and should be submitted on or before November 7, 2007. 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: BILLING CODE 8011–01–P 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–ISE–2007–96 on the subject line. sroberts on PROD1PC70 with NOTICES fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. 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 or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Fees and Charges For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–20460 Filed 10–16–07; 8:45 am] SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56642; File No. SR– NYSEArca–2007–100] October 11, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 Paper Comments (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 • Send paper comments in triplicate notice is hereby given that on October to Nancy M. Morris, Secretary, 1, 2007, NYSE Arca, Inc. (‘‘NYSE Arca’’ Securities and Exchange Commission, or ‘‘Exchange’’) filed with the Securities 100 F Street, NE., Washington, DC and Exchange Commission 20549–1090. (‘‘Commission’’) the proposed rule All submissions should refer to File change as described in Items I, II, and Number SR–ISE–2007–96. This file III below, which Items have been number should be included on the subject line if e-mail is used. To help the substantially prepared by the Exchange. NYSE Arca has designated this proposal Commission process and review your as one establishing or changing a due, comments more efficiently, please use only one method. The Commission will fee, or other charge imposed by NYSE post all comments on the Commission’s Arca under section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 Internet Web site (http://www.sec.gov/ which renders the proposal effective rules/sro.shtml). Copies of the upon filing with the Commission. The submission, all subsequent Commission is publishing this notice to amendments, all written statements with respect to the proposed rule solicit comments on the proposed rule change that are filed with the change from interested persons. Commission, and all written I. Self-Regulatory Organization’s communications relating to the Statement of the Terms of Substance of proposed rule change between the Commission and any person, other than the Proposed Rule Change those that may be withheld from the NYSE Arca proposes to amend its public in accordance with the Schedule of Fees and Charges for provisions of 5 U.S.C. 552, will be Exchange Services (‘‘Fee Schedule’’). available for inspection and copying in The text of the proposed rule change is the Commission’s Public Reference Room on official business days between available at the Exchange, the Commission’s Public Reference Room, the hours of 10 a.m. and 3 p.m. Copies and http://www.nysearca.com. of such filing also will be available for inspection and copying at the principal 11 17 CFR 200.30–3(a)(12). office of ISE. All comments received 1 15 U.S.C. 78s(b)(1). will be posted without change; the 2 17 CFR 240.19b–4. Commission does not edit personal 3 15 U.S.C. 78s(b)(3)(A)(ii). identifying information from 4 17 CFR 240.19b–4(f)(2). submissions. You should submit only VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 58923 II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item 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 NYSE Arca states that the purpose of this filing is to amend the existing Fee Schedule by eliminating the Marketing Charges associated with options on the S&P 500 Index (SPY). The Exchange also proposes to revise a footnote in the Fee Schedule that references the Penny Pilot program. The Exchange presently assesses a $1.00 per contract Marketing Charge on certain Market Maker transactions in options that overlie the S&P 500 Index (SPY). As per the Fee Schedule, the Exchange does not assess Marketing Charges on issues that trade as part of the Penny Pilot Program (‘‘Pilot’’). On September 28, 2007, options on SPY were included in the Pilot. Therefore, the Exchange will no longer assess a Marketing Fee on SPY options. In addition, in the Transaction Fees section on the Fee Schedule, the Exchanges lists fees that are specific to the Pilot. The original Pilot expired on July 27, 2007 and was extended through September 27, 2007. The Exchange has received approval to once again extend the Pilot, this time until March 27, 2009.5 A footnote referencing the expiration date of the Pilot is included on the Fee Schedule, and has been revised each time the Pilot was extended. The Exchange now proposes to remove the expiration date of the Pilot in the associated footnote and instead reference NYSEArca Rule 6.72. The terms of the Pilot, including any expiration date, are contained in Rule 6.72 and are revised each time the Pilot is extended. 5 See Securities Exchange Act Release No. 56568 (September 27, 2007), 72 FR 56422 (October 3, 2007) (SR–NYSEArca–2007–88). E:\FR\FM\17OCN1.SGM 17OCN1 58924 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act 6 in general, and furthers the objectives of section 6(b)(4) of the Act 7 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among NYSE Arca members. 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 The foregoing proposed rule change has been designated as a fee change pursuant to section 19(b)(3)(A)(ii) of the Act 8 and Rule 19b–4(f)(2) 9 thereunder, because it establishes or changes a due, fee, or other charge imposed on members by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. 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 or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. sroberts on PROD1PC70 with NOTICES IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File U.S.C. 78f(b). U.S.C. 78f(b)(4). 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b–4(f)(2). Number SR–NYSEArca–2007–100 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. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–20445 Filed 10–16–07; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. OST–2004–16951] Notice of Request for Renewal of a Previously Approved Collection Office of the Secretary, Department of Transportation. ACTION: Notice, correction. AGENCY: 10 17 Jkt 214001 Founders Equity SBIC I, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest BILLING CODE 8011–01–P 7 15 19:05 Oct 16, 2007 [License No. 02/72–0625] Notice is hereby given that Founders Equity SBIC I, L.P., 711 Fifth Avenue, 5th Floor, New York, NY 10022, a All submissions should refer to File Number SR–NYSEArca–2007–100. This Federal Licensee under the Small Business Investment Act of 1958, as file number should be included on the subject line if e-mail is used. To help the amended (‘‘the Act’’), in connection with the financing of a small concern, Commission process and review your has sought an exemption under section comments more efficiently, please use only one method. The Commission will 312 of the Act and section 107.730, post all comments on the Commission’s Financings which Constitute Conflicts of Interest of the Small Business Internet Web site (http://www.sec.gov/ Administration (‘‘SBA’’) Rules and rules/sro.shtml). Copies of the Regulations (13 CFR 107.730). Founders submission, all subsequent Equity SBIC I, L.P. proposes to provide amendments, all written statements equity security financing to CORE with respect to the proposed rule Business Technology Solutions, Inc., change that are filed with the 201 West 103rd Street, Suite 240, Commission, and all written Indianapolis, IN 46290. The financing is communications relating to the contemplated as part of a capital proposed rule change between the restructuring of the company. Commission and any person, other than The financing is brought within the those that may be withheld from the purview of § 107.730(a) of the public in accordance with the Regulations because Founders Equity provisions of 5 U.S.C. 552, will be NY, L.P., an Associate of Founders available for inspection and copying in Equity SBIC I, L.P., owns more than ten percent of CORE Business Technology the Commission’s Public Reference Solutions, Inc., and therefore CORE Room, 100 F Street, NE., Washington, Business Technology Solutions, Inc. is DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. considered an Associate of Founders Equity SBIC I, L.P. as defined in Copies of such filing also will be § 107.50 of the Regulations. available for inspection and copying at Notice is hereby given that any the principal office of the Exchange. All interested person may submit written comments received will be posted comments on the transaction to the without change; the Commission does Associate Administrator for Investment, not edit personal identifying U.S. Small Business Administration, information from submissions. You 409 Third Street, SW., Washington, DC should submit only information that 20416. you wish to make available publicly. All Dated: September 25, 2007. submissions should refer to File A. Joseph Shepard, Number SR–NYSEArca–2007–100 and Associate Administrator for Investment. should be submitted on or before [FR Doc. E7–20454 Filed 10–16–07; 8:45 am] November 7, 2007. 6 15 VerDate Aug<31>2005 SMALL BUSINESS ADMINISTRATION PO 00000 CFR 200.30–3(a)(12). Frm 00121 Fmt 4703 Sfmt 4703 SUMMARY: The Office of the Secretary published a document in the Federal Register on October 9, 2007, concerning E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58923-58924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20445]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56642; File No. SR-NYSEArca-2007-100]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change Relating to 
Exchange Fees and Charges

October 11, 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 October 1, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been substantially prepared by the Exchange. NYSE Arca has 
designated this proposal as one establishing or changing a due, fee, or 
other charge imposed by NYSE Arca under section 19(b)(3)(A)(ii) of the 
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NYSE Arca proposes to amend its Schedule of Fees and Charges for 
Exchange Services (``Fee Schedule''). The text of the proposed rule 
change is available at the Exchange, the Commission's Public Reference 
Room, and http://www.nysearca.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 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
    NYSE Arca states that the purpose of this filing is to amend the 
existing Fee Schedule by eliminating the Marketing Charges associated 
with options on the S&P 500 Index (SPY). The Exchange also proposes to 
revise a footnote in the Fee Schedule that references the Penny Pilot 
program.
    The Exchange presently assesses a $1.00 per contract Marketing 
Charge on certain Market Maker transactions in options that overlie the 
S&P 500 Index (SPY). As per the Fee Schedule, the Exchange does not 
assess Marketing Charges on issues that trade as part of the Penny 
Pilot Program (``Pilot''). On September 28, 2007, options on SPY were 
included in the Pilot. Therefore, the Exchange will no longer assess a 
Marketing Fee on SPY options.
    In addition, in the Transaction Fees section on the Fee Schedule, 
the Exchanges lists fees that are specific to the Pilot. The original 
Pilot expired on July 27, 2007 and was extended through September 27, 
2007. The Exchange has received approval to once again extend the 
Pilot, this time until March 27, 2009.\5\ A footnote referencing the 
expiration date of the Pilot is included on the Fee Schedule, and has 
been revised each time the Pilot was extended. The Exchange now 
proposes to remove the expiration date of the Pilot in the associated 
footnote and instead reference NYSEArca Rule 6.72. The terms of the 
Pilot, including any expiration date, are contained in Rule 6.72 and 
are revised each time the Pilot is extended.
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    \5\ See Securities Exchange Act Release No. 56568 (September 27, 
2007), 72 FR 56422 (October 3, 2007) (SR-NYSEArca-2007-88).

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[[Page 58924]]

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6(b) of the Act \6\ in general, and furthers the 
objectives of section 6(b)(4) of the Act \7\ in particular, in that it 
is designed to provide for the equitable allocation of reasonable dues, 
fees, and other charges among NYSE Arca members.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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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

    The foregoing proposed rule change has been designated as a fee 
change pursuant to section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) \9\ thereunder, because it establishes or changes a due, fee, 
or other charge imposed on members by the Exchange. Accordingly, the 
proposal will take effect upon filing with the Commission. 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 or appropriate in the public 
interest, for the protection of investors, or otherwise in furtherance 
of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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-2007-100 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-2007-100. 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 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-2007-100 and should 
be submitted on or before November 7, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-20445 Filed 10-16-07; 8:45 am]
BILLING CODE 8011-01-P