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]
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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 (https://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 (https://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 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
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 (https://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 (https://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 https://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
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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]
-----------------------------------------------------------------------
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 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 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 (https://
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 (https://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE. 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\
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\7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-22509 Filed 11-16-07; 8:45 am]
BILLING CODE 8011-01-P
