Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify That a Member Organization May Still Use the Express Consent Procedure for Obtaining Consent From a Customer To Trade Along on an Order-By-Order Basis Under Rule 92(b), 63948-63950 [E7-22099]

Download as PDF 63948 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Notices points before it was fully executed. Thus, if the Specialist Algorithm had not determined to provide supplemental specialist volume at the price point of $5.03, the sell order would have continued its sweep down the Display Book and interacted with the available interest at the next price point of $5.02 completing the execution. If the specialist trading message did not provide enough supplemental volume to complete the order it would have continued to sweep the orders on the Display Book to the extent permitted until: (a) Filled; (b) its limit, if any was reached; or (c) an LRP was triggered, whichever occurred first. It should be noted that the specialist is not required to buy the full size remaining of the sell order at the particular sweep price. The Exchange states that there is no disadvantage to the customer in allowing the specialists to partially fill an order at a particular sweep price especially when applicable rules only allow the supplemental specialist volume to interact with the order when no other interest exists. Under these circumstances, the order is afforded a better priced execution that it otherwise would not have. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 10 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change is consistent with these objectives in that it provides additional trading messages to the Specialist Algorithm, which will further enable the specialist to meet its obligation of maintaining a fair and orderly market. B. Self-Regulatory Organization’s Statement on Burden on Competition rfrederick on PROD1PC67 with NOTICES 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. 10 15 U.S.C. 78f(b)(5). VerDate Aug<31>2005 15:30 Nov 09, 2007 Jkt 214001 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will: (A) by order approve the proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Exchange 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 e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2006–99 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. All submissions should refer to File Number SR–NYSE–2006–99. 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. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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–2006–99 and should be submitted on or before December 4, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–22066 Filed 11–9–07; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56753; File No. SR–NYSE– 2007–97] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify That a Member Organization May Still Use the Express Consent Procedure for Obtaining Consent From a Customer To Trade Along on an Order-By-Order Basis Under Rule 92(b) November 6, 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 31, 2007, the New York Stock Exchange LLC (‘‘NYSE’’ 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 NYSE. The Exchange has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule under Section 19(b)(3)(A)(i) of the Act 3 and Rule 19b– 4(f)(1) thereunder,4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 11 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b–4(f)(1). 1 15 E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Notices I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to clarify the consent provisions for trading along under NYSE Rule 92 in an NYSE Regulation, Inc. (‘‘NYSE Regulation’’) Information Memo (‘‘Information Memo’’). The text of the proposed rule change is available at NYSE, the Commission’s Public Reference Room, and 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 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 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 rfrederick on PROD1PC67 with NOTICES 1. Purpose On July 5, 2007, the Commission approved amendments to NYSE Rule 92 that, among other things, expanded the consent provisions for trading along under Rule 92(b).5 Under the preamended version of the rule, members or member organizations could trade along with a customer order that could be executed at the same price so long as the customer had given express permission, including an understanding of the relative price and size of allocated execution reports (‘‘express consent procedure’’). Under the express consent procedure, members or member organizations needed to obtain and document such consent on an order-byorder basis. As amended, a member or member organization can trade along with a customer order under Rule 92(b) so long as the member organization ‘‘periodically provides written disclosures to its customers and obtains and documents affirmative consent’’ (‘‘affirmative consent procedure’’). Because the affirmative consent procedure is broader than the express consent procedure, the Exchange did 5 See Securities Exchange Act Release No. 56017 (July 5, 2007), 72 FR 38110 (July 12, 2007) (SR– NYSE–2007–21). VerDate Aug<31>2005 15:30 Nov 09, 2007 Jkt 214001 not keep the text of the express consent procedure in the rule. As explained in the Information Memo, in expanding the consent procedures under Rule 92(b), the Exchange did not intend to prohibit the use of the express consent procedure for obtaining trade-along consent in a given instance. The Information Memo clarifies that a member organization may still use the express consent procedure for obtaining consent from a customer to trade along on an order-byorder basis under Rule 92(b). Accordingly, if a customer does not want to provide blanket affirmative consent, a member organization may still obtain consent on an order-by-order basis to trade along with an order from that customer. In addition, the Information Memo advises member organizations of a recent NYSE Regulation Hearing Panel decision concerning the express consent procedure. In that decision, a member organization was fined for failing to adhere to principles of good business practice because it did not record both the customer contact name and the percentage split when documenting whether a customer provided tradealong consent under the Rule 92(b) express consent procedure.6 The Information Memo informs member organizations that NYSE Regulation considers the failure to document the contact name of the person who provided the express consent to be a violation not only of NYSE Rule 401, but of NYSE Rule 92 as well. The Information Memo also addresses the September 30, 2007 deadline that was part of the original filing. The purpose of that deadline was to provide member organizations with a grace period to make the written disclosures required under amended Rule 92. That three-month grace period provided firms with the opportunity to use the new affirmative consent process immediately upon approval of the amended rule, even before their written disclosures were finalized, so long as the process of making written disclosures and documenting the orallyprovided consents was completed by September 30, 2007. Because the grace period has expired, member organizations must provide written disclosures to their customers and document the customers’ affirmative consents before they may trade along with such customers.7 6 See In re Merrill Lynch, Pierce, Fenner & Smith Incorporated, NYSE Hearing Board Decision 07–005 (January 12, 2007). 7 In addition, the Information Memo answers inquiries that NYSE Regulation has received from PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 63949 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 8 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 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 become effective pursuant to Section 19(b)(3)(A)(i) of the Act 9 and subparagraph (f)(1) of Rule 19b–4 thereunder,10 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 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 (http://www.sec.gov/ rules/sro.shtml); or a number of member organizations regarding the scope and application of amended Rule 92(b). That portion of the Information Memo is not subject to this rule filing. 8 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78s(b)(3)(A)(i). 10 17 CFR 240.19b–4(f)(1). E:\FR\FM\13NON1.SGM 13NON1 63950 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Notices • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2007–97 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–2007–97. 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, 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 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– 2007–97 and should be submitted on or before December 4, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–22099 Filed 11–9–07; 8:45 am] BILLING CODE 8011–01–P SOCIAL SECURITY ADMINISTRATION [Document No. SSA–2007–0087] rfrederick on PROD1PC67 with NOTICES The Ticket to Work and Work Incentives Advisory Panel Meeting AGENCY: Social Security Administration (SSA). ACTION: 11 17 Notice of Teleconference. CFR 200.30–3(a)(12). VerDate Aug<31>2005 15:30 Nov 09, 2007 Jkt 214001 November 26, 2007—4:30 p.m. to 8:30 p.m. Eastern Standard Time, Ticket to Work and Work Incentives Advisory Panel Conference Call, Call-in number: 1–888–790–4158, Pass code: PANEL TELECONFERENCE, Leader/Host: Berthy De la Rosa-Aponte. DATE: SUPPLEMENTARY INFORMATION: Type of meeting: On November 26, 2007, the Ticket to Work and Work Incentives Advisory Panel (the ‘‘Panel’’) will hold a teleconference. This teleconference meeting is open to the public. Purpose: In accordance with section 10(a)(2) of the Federal Advisory Committee Act, the Social Security Administration (SSA) announces this teleconference meeting of the Ticket to Work and Work Incentives Advisory Panel. The publication of this announcement may not meet the 15 day advance notice requirement provided in CFR 102.3.150. The need for this teleconference was not previously anticipated and therefore not scheduled, but will be required to allow further deliberation on the Panel’s final report. Section 101(f) of Public Law 106–170 establishes the Panel to advise the President, the Congress, and the Commissioner of SSA on issues related to work incentive programs, planning, and assistance for individuals with disabilities as provided under section 101(f)(2)(A) of the Act. The Panel is also to advise the Commissioner on matters specified in section 101(f)(2)(B) of that Act, including certain issues related to the Ticket to Work and Self-Sufficiency Program established under section 101(a). Agenda: The agenda for the meeting will be posted on the Internet at http://www.ssa.gov/work/panel at least one week before the starting date or can be received, in advance, electronically or by fax upon request. Contact Information: Records are kept of all proceedings and will be available for public inspection by appointment at the Panel office. Anyone requiring information regarding the Panel should contact the staff by: • Mail addressed to the Social Security Administration, Ticket to Work and Work Incentives Advisory Panel Staff, 400 Virginia Avenue, SW., Suite 700, Washington, DC 20024. Telephone contact with Debra Tidwell-Peters at (202) 358–6126. • Fax at (202) 358–6440 • E-mail to TWWIIAPanel@ssa.gov. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Dated: November 6, 2007. Chris Silanskis, Designated Federal Officer. [FR Doc. E7–22171 Filed 11–9–07; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice 5989] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Projects 86: Gert & Uwe Tobias’’ SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ‘‘Projects 86: Gert & Uwe Tobias,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Museum of Modern Art, New York, New York, from on or about November 28, 2007, until on or about February 25, 2008, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. For further information, including a list of the exhibit objects, contact Paul W. Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453–8052). The address is U.S. Department of State, SA– 44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. FOR FURTHER INFORMATION CONTACT: Dated: November 2, 2007. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7–22152 Filed 11–9–07; 8:45 am] BILLING CODE 4710–05–P E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Notices]
[Pages 63948-63950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22099]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56753; File No. SR-NYSE-2007-97]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Clarify That a Member Organization May Still Use the Express Consent 
Procedure for Obtaining Consent From a Customer To Trade Along on an 
Order-By-Order Basis Under Rule 92(b)

November 6, 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 31, 2007, the New York Stock Exchange LLC (``NYSE'' 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 NYSE. 
The Exchange has designated this proposal as one constituting a stated 
policy, practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule under Section 
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which 
renders it effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).

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

[[Page 63949]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to clarify the consent provisions for trading 
along under NYSE Rule 92 in an NYSE Regulation, Inc. (``NYSE 
Regulation'') Information Memo (``Information Memo''). The text of the 
proposed rule change is available at NYSE, the Commission's Public 
Reference Room, and 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 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 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
    On July 5, 2007, the Commission approved amendments to NYSE Rule 92 
that, among other things, expanded the consent provisions for trading 
along under Rule 92(b).\5\ Under the pre-amended version of the rule, 
members or member organizations could trade along with a customer order 
that could be executed at the same price so long as the customer had 
given express permission, including an understanding of the relative 
price and size of allocated execution reports (``express consent 
procedure''). Under the express consent procedure, members or member 
organizations needed to obtain and document such consent on an order-
by-order basis.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56017 (July 5, 
2007), 72 FR 38110 (July 12, 2007) (SR-NYSE-2007-21).
---------------------------------------------------------------------------

    As amended, a member or member organization can trade along with a 
customer order under Rule 92(b) so long as the member organization 
``periodically provides written disclosures to its customers and 
obtains and documents affirmative consent'' (``affirmative consent 
procedure''). Because the affirmative consent procedure is broader than 
the express consent procedure, the Exchange did not keep the text of 
the express consent procedure in the rule.
    As explained in the Information Memo, in expanding the consent 
procedures under Rule 92(b), the Exchange did not intend to prohibit 
the use of the express consent procedure for obtaining trade-along 
consent in a given instance. The Information Memo clarifies that a 
member organization may still use the express consent procedure for 
obtaining consent from a customer to trade along on an order-by-order 
basis under Rule 92(b). Accordingly, if a customer does not want to 
provide blanket affirmative consent, a member organization may still 
obtain consent on an order-by-order basis to trade along with an order 
from that customer.
    In addition, the Information Memo advises member organizations of a 
recent NYSE Regulation Hearing Panel decision concerning the express 
consent procedure. In that decision, a member organization was fined 
for failing to adhere to principles of good business practice because 
it did not record both the customer contact name and the percentage 
split when documenting whether a customer provided trade-along consent 
under the Rule 92(b) express consent procedure.\6\ The Information Memo 
informs member organizations that NYSE Regulation considers the failure 
to document the contact name of the person who provided the express 
consent to be a violation not only of NYSE Rule 401, but of NYSE Rule 
92 as well.
---------------------------------------------------------------------------

    \6\ See In re Merrill Lynch, Pierce, Fenner & Smith 
Incorporated, NYSE Hearing Board Decision 07-005 (January 12, 2007).
---------------------------------------------------------------------------

    The Information Memo also addresses the September 30, 2007 deadline 
that was part of the original filing. The purpose of that deadline was 
to provide member organizations with a grace period to make the written 
disclosures required under amended Rule 92. That three-month grace 
period provided firms with the opportunity to use the new affirmative 
consent process immediately upon approval of the amended rule, even 
before their written disclosures were finalized, so long as the process 
of making written disclosures and documenting the orally-provided 
consents was completed by September 30, 2007. Because the grace period 
has expired, member organizations must provide written disclosures to 
their customers and document the customers' affirmative consents before 
they may trade along with such customers.\7\
---------------------------------------------------------------------------

    \7\ In addition, the Information Memo answers inquiries that 
NYSE Regulation has received from a number of member organizations 
regarding the scope and application of amended Rule 92(b). That 
portion of the Information Memo is not subject to this rule filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \8\ that an Exchange have rules that 
are designed to promote just and equitable principles of trade, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \8\ 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 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 become effective pursuant to 
Section 19(b)(3)(A)(i) of the Act \9\ and subparagraph (f)(1) of Rule 
19b-4 thereunder,\10\ because it constitutes a stated policy, practice, 
or interpretation with respect to the meaning, administration, or 
enforcement of an existing rule. 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

[[Page 63950]]

     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-NYSE-2007-97 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-2007-97. 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, 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 
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-2007-97 and should be submitted on or before December 4, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22099 Filed 11-9-07; 8:45 am]
BILLING CODE 8011-01-P