Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, to Incorporate Certain Definitions of Exchange Act Rules 13d-1 and 13d-3 Into NYSE Rule 460, 65117-65119 [E7-22509]

Download as PDF Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Notices opening price could differ from the price of an executed P/A Order (either higher or lower). In that case, the ISE represents that it will ensure that the PMM provides the customer with the most advantageous price. Thus, the proposed rule change only can benefit customers by providing them with possible price improvement at the opening. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations under the Act applicable to national securities exchanges and, in particular, the requirements of section 6(b) of the Act.8 Specifically, the Exchanges believe the proposed rule change is consistent with the requirements of section 6(b)(5) of the Act 9 that the rules of an exchange be designed to prevent fraudulent and manipulative acts, 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 believes that the proposed rule change would impose no 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 comments on this proposal. III. 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 (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–ISE–2007–93 on the subject line. 8 15 9 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). VerDate Aug<31>2005 20:17 Nov 16, 2007 Jkt 214001 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–ISE–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 (http://www.sec.gov/ rules/sro.shtml). Copies of the submissions, 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 the filings also will be available for inspection and copying at the principal offices 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 No. SR–ISE–2007–93 and should be submitted on or before December 10, 2007. IV. Commission’s Findings and Order Granting Accelerated Approval of Proposed Rule Changes After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder, applicable to national securities exchanges.10 In particular, the Commission finds that the proposal is consistent with the provisions of section 6(b)(5) of the Act 11 in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market 10 In approving this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. See U.S.C. 78c(f). 11 15 U.S.C. 78f(b)(5). PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 65117 and a national market system, and, in general, to protect investors and the public interest. The Commission believes that allowing the Exchange to send P/A Orders to the Linkage prior to the opening should facilitate investors’ intermarket access to superior prices. The Commission finds good cause for approving the proposed rule change before the 30th day after the date of publication of notice of filing thereof in the Federal Register. Granting accelerated approval would facilitate the implementation of the proposed rule change in conjunction with the Join Amendment No. 23 to the Linkage Plan.12 In addition, the Commission notes that the Exchange has committed to ensuring that, for Linkage P/A Orders sent prior to the opening, PMMs will provide customers with the most advantageous price in the event that the ISE opens its market while the Exchange is awaiting a response to such a P/A Order. Therefore, the Commission finds good cause, consistent with section 19(b)(2) of the Act,13 to approve the proposed rule change on an accelerated basis. V. Conclusion It is therefore ordered, pursuant to section 19(b)(2) of the Act 14, that the proposed rule change (SR–ISE–2007–93) be, and it hereby is, approved on an accelerated basis. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.15 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–22552 Filed 11–16–07; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56777; File No. SR–NYSE– 2007–87] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, to Incorporate Certain Definitions of Exchange Act Rules 13d–1 and 13d–3 Into NYSE Rule 460 November 9, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 12 See supra note 4. U.S.C. 78s(b)(2). 14 17 CFR 200.30–3(a)(12). 15 15 U.S.C. 78s(b)(2). 13 15 E:\FR\FM\19NON1.SGM 19NON1 65118 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Notices (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on September 28, 2007, the New York Stock Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) 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. On October 29, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule, as amended, change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to amend NYSE Rule 460 to reference Rules 13d– 1(i) and (j), and 13d–3, under the Act for the purpose of determining whether a specialist is a beneficial owner of an equity security in which the specialist is registered, and to make non-substantive clarifying amendments to the rule. The text of the proposed rule change is available at NYSE, the Commission’s Public Reference Room, and http:// 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 NYSE 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 NYSE 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 rwilkins on PROD1PC63 with NOTICES 1. Purpose The NYSE is proposing to add NYSE Rule 460.40 to incorporate the definitions of Rules 13d–1(i) and (j), and 13d–3, under the Act 3 for the purpose of determining whether a specialist is a beneficial owner of more than ten percent of any security in which the specialist is registered under NYSE Rules 460.10 and 460.20. 1 15 U.S.C. 78s(b)(1) CFR 240.19b–4 3 17 CFR 240.13d–1(i) and (j); and 17 CFR 240.13d–3. NYSE Rule 460.10 precludes specialists from being the beneficial owner, either directly or indirectly, of more than ten percent of the outstanding shares of any equity security in which the specialist is registered. For purposes of determining whether this ten percent threshold has been met, the specialist’s position is aggregated with those of the specialist’s member organization, as well as other members, allied members, approved persons, officers, and employees of the specialist’s member organizations. The rule contains a number of exceptions, including that the ten percent ownership threshold does not apply to specialists if the security is a convertible or derivative security, American Depository Receipt, Global Depository Receipt, or similar instrument so long as the conversion of such instrument would not result in a position in the common stock of such security that exceeds that ten percent threshold. Similarly, specialists in Exchange Traded Funds and other investment company units or Trust Issued Receipts can own such securities so long as the redemption of such securities would not result in a position in any equity security in which such specialist is also registered that exceeds the ten percent threshold. To ensure consistency with federal laws and regulations, the Exchange proposes adding NYSE Rule 460.40 to incorporate the definition under the Act for determining beneficial ownership of securities. Rule 13d–3 under the Act defines a beneficial owner as any person who directly or indirectly has either voting power over a security or investment power, including the power to dispose, or to direct the disposition of a security. The rule further provides that all securities in the same class, regardless of the form that such beneficial ownership takes, shall be aggregated for purposes of calculating the number of shares beneficially owned by such person. Rule 13d–3 also defines how various financial instruments, including options, warrants, convertible securities, and trusts should be treated for purposes of determining beneficial ownership. Rule 13d–1(i) under the Act provides that for purposes of section 13(d) of the Act,4 including Rule 13d–3 thereunder, the term ‘‘equity security’’ refers to those securities that are registered pursuant to section 12 of the Act.5 In addition, Rule 13d–1(j) under the Act provides that for purposes of 2 17 VerDate Aug<31>2005 21:29 Nov 16, 2007 Jkt 214001 4 15 5 15 PO 00000 U.S.C. 78m. U.S.C. 78l. Frm 00133 Fmt 4703 determining the number of outstanding shares for any security, firms can rely on an issuer’s most recent quarterly or annual report, or any more current report, that has been filed with the Commission. NYSE Regulation staff also proposes making technical amendments to both NYSE Rule 460.10 and 460.20 to clarify the text of those rules. These proposed revisions would not effect any substantive changes to the rule and are intended to make the rule easier to implement and enforce. 2. Statutory Basis The Exchange believes that the basis under the Act for this proposed rule change is the requirement under section 6(b)(5) 6 of the Act 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 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 NYSE consents, the Commission will: (A) By order approve such 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 6 15 Sfmt 4703 U.S.C. 78f(b)(5). E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Notices change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2007–87 on the subject line. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56775; File No. SR–Phlx– 2007–83] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change Relating to Amending By-Law Article X, Section 10–11 November 9, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘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, 29, 2007, the Philadelphia Stock Securities and Exchange Commission, Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 100 F Street, NE., Washington, DC filed with the Securities and Exchange 20549–1090. Commission (‘‘Commission’’) the All submissions should refer to File proposed rule change as described in Number SR–NYSE–2007–87. This file Items I, II, and III below, which Items number should be included on the have been substantially prepared by the subject line if e-mail is used. To help the Exchange. The Commission is Commission process and review your publishing this notice to solicit comments more efficiently, please use comments on the proposed rule change only one method. The Commission will from interested persons. post all comments on the Commission’s I. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of rules/sro.shtml). Copies of the the Proposed Rule Change submission, all subsequent Phlx proposes to expand the type of amendments, all written statements business that certain members of the with respect to the proposed rule Exchange’s Business Conduct change that are filed with the Committee (‘‘Committee’’) must conduct Commission, and all written in order to qualify as a Committee communications relating to the member. The text of the proposed rule proposed rule change between the Commission and any person, other than change is available at the Exchange, the Commission’s Public Reference Room, those that may be withheld from the and http://www.Phlx.com/exchange/ public in accordance with the phlx-rule-fil.html. provisions of 5 U.S.C. 552, will be available for inspection and copying in II. Self-Regulatory Organization’s the Commission’s Public Reference Statement of the Purpose of, and Room, 100 F Street, NE., Washington, Statutory Basis for, the Proposed Rule DC 20549, on official business days Change between the hours of 10 a.m. and 3 p.m. In its filing with the Commission, the Copies of such filing also will be Exchange included statements available for inspection and copying at concerning the purpose of and basis for the principal office of NYSE. All the proposed rule change, and discussed comments received will be posted any comments it received on the without change; the Commission does proposed rule change. The text of these not edit personal identifying statements may be examined at the information from submissions. You places specified in Item IV below. The should submit only information that Exchange has prepared summaries, set you wish to make available publicly. All forth in sections A, B, and C below, of submissions should refer to File the most significant aspects of such Number SR–NYSE–2007–87 and should statements. be submitted on or before December 10, A. Self-Regulatory Organization’s 2007. Statement of the Purpose of, and For the Commission, by the Division of Statutory Basis for, the Proposed Rule Market Regulation, pursuant to delegated Change authority.7 rwilkins on PROD1PC63 with NOTICES Paper Comments Florence E. Harmon, Deputy Secretary. [FR Doc. E7–22509 Filed 11–16–07; 8:45 am] 1. Purpose The Exchange states that the purpose of the proposed rule change is to allow BILLING CODE 8011–01–P 7 17 20:17 Nov 16, 2007 2. Statutory Basis The Exchange believes that its proposal is consistent with section 6(b) of the Act 3 in general, and furthers the objectives of section 6(b)(5) of the Act 4 in particular, in that it is 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. In addition, the Exchange believes that the proposed rule change also furthers the objectives of section 6(b)(3) under the Act 5 in that the Committee’s composition continues to reflect a ‘‘fair representation’’ of the Exchange’s members in the administration of its affairs. 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 No written comments were either solicited or received. U.S.C. 78f(b). U.S.C. 78f(b)(5). 5 15 U.S.C. 78f(b)(3). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. CFR 200.30–3(a)(12). VerDate Aug<31>2005 a greater pool of Phlx members with varying backgrounds and industry experience to serve on the Committee. Exchange By-Law X, section 10–11(h) currently requires nine members to comprise the Committee; one member of the Committee must principally carry out its business on XLE, and one member must principally carry out its business on the equity options floor. Phlx believes that expanding the qualifications for these two Committee members, as set forth in this proposed rule change, should allow a greater pool of Exchange members to be eligible to serve on the Committee. The Committee has exclusive jurisdiction to monitor compliance with the Act, the rules and regulations thereunder and the by-laws and rules of the Exchange as well as to authorize the initiation of any disciplinary actions or proceedings, among other things. Phlx believes that qualifying additional members for service on the Committee should permit a greater pool of members to serve and thereby bring their experience to the Committee process. 3 15 1 15 Jkt 214001 PO 00000 Frm 00134 Fmt 4703 4 15 Sfmt 4703 65119 E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 65117-65119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22509]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56777; File No. SR-NYSE-2007-87]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 
1 Thereto, to Incorporate Certain Definitions of Exchange Act Rules 
13d-1 and 13d-3 Into NYSE Rule 460

November 9, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934

[[Page 65118]]

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 28, 2007, the New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') 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. On October 29, 2007, the Exchange filed 
Amendment No. 1 to the proposed rule change. The Commission is 
publishing this notice to solicit comments on the proposed rule, as 
amended, 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 is proposing to amend NYSE Rule 460 to reference Rules 
13d-1(i) and (j), and 13d-3, under the Act for the purpose of 
determining whether a specialist is a beneficial owner of an equity 
security in which the specialist is registered, and to make non-
substantive clarifying amendments to the rule. The text of the proposed 
rule change is available at NYSE, the Commission's Public Reference 
Room, and http://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 NYSE 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 NYSE 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 NYSE is proposing to add NYSE Rule 460.40 to incorporate the 
definitions of Rules 13d-1(i) and (j), and 13d-3, under the Act \3\ for 
the purpose of determining whether a specialist is a beneficial owner 
of more than ten percent of any security in which the specialist is 
registered under NYSE Rules 460.10 and 460.20.
---------------------------------------------------------------------------

    \3\ 17 CFR 240.13d-1(i) and (j); and 17 CFR 240.13d-3.
---------------------------------------------------------------------------

    NYSE Rule 460.10 precludes specialists from being the beneficial 
owner, either directly or indirectly, of more than ten percent of the 
outstanding shares of any equity security in which the specialist is 
registered. For purposes of determining whether this ten percent 
threshold has been met, the specialist's position is aggregated with 
those of the specialist's member organization, as well as other 
members, allied members, approved persons, officers, and employees of 
the specialist's member organizations.
    The rule contains a number of exceptions, including that the ten 
percent ownership threshold does not apply to specialists if the 
security is a convertible or derivative security, American Depository 
Receipt, Global Depository Receipt, or similar instrument so long as 
the conversion of such instrument would not result in a position in the 
common stock of such security that exceeds that ten percent threshold.
    Similarly, specialists in Exchange Traded Funds and other 
investment company units or Trust Issued Receipts can own such 
securities so long as the redemption of such securities would not 
result in a position in any equity security in which such specialist is 
also registered that exceeds the ten percent threshold.
    To ensure consistency with federal laws and regulations, the 
Exchange proposes adding NYSE Rule 460.40 to incorporate the definition 
under the Act for determining beneficial ownership of securities. Rule 
13d-3 under the Act defines a beneficial owner as any person who 
directly or indirectly has either voting power over a security or 
investment power, including the power to dispose, or to direct the 
disposition of a security. The rule further provides that all 
securities in the same class, regardless of the form that such 
beneficial ownership takes, shall be aggregated for purposes of 
calculating the number of shares beneficially owned by such person. 
Rule 13d-3 also defines how various financial instruments, including 
options, warrants, convertible securities, and trusts should be treated 
for purposes of determining beneficial ownership.
    Rule 13d-1(i) under the Act provides that for purposes of section 
13(d) of the Act,\4\ including Rule 13d-3 thereunder, the term ``equity 
security'' refers to those securities that are registered pursuant to 
section 12 of the Act.\5\ In addition, Rule 13d-1(j) under the Act 
provides that for purposes of determining the number of outstanding 
shares for any security, firms can rely on an issuer's most recent 
quarterly or annual report, or any more current report, that has been 
filed with the Commission.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78m.
    \5\ 15 U.S.C. 78l.
---------------------------------------------------------------------------

    NYSE Regulation staff also proposes making technical amendments to 
both NYSE Rule 460.10 and 460.20 to clarify the text of those rules. 
These proposed revisions would not effect any substantive changes to 
the rule and are intended to make the rule easier to implement and 
enforce.
2. Statutory Basis
    The Exchange believes that the basis under the Act for this 
proposed rule change is the requirement under section 6(b)(5) \6\ of 
the Act 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.
---------------------------------------------------------------------------

    \6\ 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

    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 NYSE consents, the Commission will:
    (A) By order approve such 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

[[Page 65119]]

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-NYSE-2007-87 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-2007-87. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for inspection and 
copying in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of NYSE. 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-2007-87 and should be 
submitted on or before December 10, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22509 Filed 11-16-07; 8:45 am]
BILLING CODE 8011-01-P