Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of a Proposed Rule Change Relating to Rule 6.87-Obvious Error, 66214-66216 [E7-22979]
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66214
Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
trade basis. Elections made with respect
to how transaction types are processed
through FICC must be effected through
the applicable FICC Executing Firm
Agreement. As noted above, settlement
obligations will arise for Submitting
Member A for each transaction that
proceeds to netting.
Under the proposed changes,
Submitting Members will be required to
notify GSD with respect to each
Executing Firm for which they submit
data which transactions types that will
be processed as comparison-only
transactions and which will proceed to
netting. Submitting members must
notify GSD three business days prior to
the commencement of the initial data
submission on behalf of an Executing
Firm. Any modifications made to an
election will require three business days
notice to GSD.
FICC will announce to its members by
means of an Important Notice the
effective date of this enhancement. GSD
anticipates implementation to be during
the fourth quarter of this year.
FICC believes that the proposed rule
change is consistent with the
requirements of section 17A of the Act 4
and the rules thereunder. FICC states
that this rule change enhances existing
capabilities extended to netting
members acting as Submitting Members
under GSD’s rules. FICC further states
that the proposed changes will not affect
FICC’s ability to safeguard the funds and
securities in FICC’s control or for which
it is responsible.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
FICC does not believe that the
proposed rule change will have any
impact or impose any burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received. FICC will notify
the Commission of any written
comments received by FICC.
pwalker on PROD1PC71 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to section
19(b)(3)(A)(iii) 5 of the Act and Rule
19b–4(f)(4) 6 thereunder because it
effects a change in an existing service of
4 15
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A)(iii).
6 17 CFR 240.19b–4(f)(4).
5 15
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FICC that does not adversely affect the
safeguarding of securities or funds in
FICC’s control or for which FICC is
responsible and does not significantly
affect FICC’s or its participants’
respective rights or obligations. At any
time within 60 days of the filing of the
proposed rule change, the Commission
could have summarily abrogated such
rule change if it appeared to the
Commission that such action was
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–FICC–2007–09 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
No. FICC–2007–09. 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, 450 Fifth Street, NW.,
Washington, DC 20549, on official
business days between the hours of
10a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at FICC’s principal office and
PO 00000
Frm 00086
Fmt 4703
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on FICC’s Web site at https://ficc.com/
gov/gov.docs.jsp?NS-query=#rf. 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
submission should refer to File No. SR–
FICC–2007–09 and should be submitted
on or before December 18, 2007.
For the Commission by the Division of
Trading and Markets pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–23021 Filed 11–26–07; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56819; File No. SR–
NYSEArca–2007–115]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of a
Proposed Rule Change Relating to
Rule 6.87—Obvious Error
November 19, 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 November
8, 2007, NYSE Arca, Inc. (‘‘NYSE Arca’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Rule 6.87 governing obvious
errors. Specifically, the Exchange
proposes a revised review procedure for
contesting decisions made pursuant to
the options obvious error rule. The text
of the proposed rule change is available
at the Exchange, the Commission’s
Public Reference Room, and https://
www.nyse.com.
7 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
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
pwalker on PROD1PC71 with NOTICES
1. Purpose
The Exchange proposes to amend
NYSE Arca Rule 6.87 governing options
obvious errors. Specifically, the
Exchange proposes a revised review
procedure for contesting decisions made
pursuant to the obvious error rule.
Currently, NYSE Arca Rule 6.87
provides that the Exchange will
determine whether an ‘‘Obvious Error’’ 3
has occurred after a market maker
believes and notifies the Exchange that
it participated in a transaction that was
the result of an Obvious Error. If the
Exchange believes that an Obvious Error
has occurred, the Exchange will take
one of the following actions depending
on the parties to the trade: (1) Adjust the
price with an adjustment; (2) bust the
trade; or (3) adjust the trade without an
adjustment penalty. Currently, if a party
does not agree with the action taken by
the Exchange, the party may appeal the
decision to the Exchange’s Board of
Directors (‘‘Board’’) pursuant to NYSE
Arca Rule 10.14.
The Exchange proposes to amend
Rule 6.87 by removing the Board appeal
process pursuant to Rule 10.14 and
replacing it with a revised appeal
process. Proposed NYSE Arca Rule 6.87
would permit a party affected by the
determination of an Obvious Error to
request an appeal to the Obvious Error
Panel (‘‘OE Panel’’) to review the
determination made by the Exchange’s
representative pursuant to Rule
6.87(a)(3). The OE Panel would be
comprised of the NYSE Arca Chief
Regulatory Officer (‘‘CRO’’), or a
designee of the CRO,4 and
3 ‘‘Obvious Error’’ is defined in NYSE Arca Rule
6.87(a)(1).
4 The Exchange represents that a designee of the
CRO would be an employee of the Exchange,
working closely with and reporting directly to, the
CRO, such as one of the Directors of Options
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17:26 Nov 26, 2007
Jkt 214001
representatives from two options and
trading permit firms (‘‘OTP Firms’’).5
One representative on the OE Panel will
be from an OTP Firm directly engaged
in market making activities and one
representative on the OE Panel will be
from an OTP Firm directly engaged in
the handling of options orders for public
customers.
In addition, requests for an appeal
would have to be made via facsimile or
e-mail within thirty minutes after the
party requesting the appeal is given
notification of the initial determination.
Thereafter, the OE Panel would review
the information and may overturn or
modify the action taken by the Officer.
Such determination by the OE Panel
would be considered a final action by
the Exchange on the matter at issue. All
final determinations made by the OE
Panel would be rendered, without
prejudice, as to the rights of the parties
to the transaction to submit their
dispute to arbitration. The Exchange
states that the revised process is
intended to provide a timely appeal for
OTP Firms and options and trading
permit holders (‘‘OTP Holders’’) in
place of the lengthy Board appeals
process currently provided in Rule
10.14.
Finally, if the OE Panel upholds the
Exchange’s decision made pursuant to
Rule 6.87(a)(4) to bust or adjust a trade,
the Exchange would assess a $500.00 fee
against the OTP Holder or OTP Firm
that initiated the request for appeal. The
Exchange believes that assessing a
$500.00 fee would discourage frivolous
and abusive practices of the appeal
process.
The Exchange is also proposing
amendments to Rule 10.14 to remove
the Board appeals process for Rule 6.87,
and remove the appeals process from
Commentary .02 of Rule 6.87.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with section
6(b) of the Act,6 in general, and furthers
the objectives of section 6(b)(5) of the
Act,7 in particular, because it is
designed to promote just and equitable
Regulation. The Exchange notes that the
International Securities Exchange, LLC (‘‘ISE’’)
designates an obvious error panel to independently
make appeals decisions and also to overturn or
modify actions taken by the ISE. See ISE Rule 720.
5 The Exchange proposes to designate at least ten
(10) OTP Firm representatives to be called upon to
serve on the OE Panel. In no case would the OE
Panel include a person related to a party to the
trade in question. To the extent reasonably possible,
the Exchange proposes to call upon the designated
representatives to participate on an OE Panel on an
equally frequent basis.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
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66215
principles of trade, to foster cooperation
and coordination with persons engaged
in facilitating transactions in securities,
and to remove impediments and perfect
the mechanisms of a free and open
market and 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
No written comments were solicited
or received by the Exchange with
respect to 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 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 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–NYSEArca–2007–115 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2007–115. This
file number should be included on the
E:\FR\FM\27NON1.SGM
27NON1
66216
Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
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 the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSEArca–2007–115 and
should be submitted on or before
December 18, 2007.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–22979 Filed 11–26–07; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
pwalker on PROD1PC71 with NOTICES
Agency Information Collection
Activities: Comment Request
The Social Security Administration
(SSA) publishes a list of information
collection packages that will require
clearance by the Office of Management
and Budget (OMB) in compliance with
Pub. L. 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. The information collection
packages that may be included in this
notice are for new information
collections, approval of existing
information collections, revisions to
OMB-approved information collections,
and extensions (no change) of OMBapproved information collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
8 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
17:26 Nov 26, 2007
Jkt 214001
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and on ways
to minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Written
comments and recommendations
regarding the information collection(s)
should be submitted to the OMB Desk
Officer and the SSA Reports Clearance
Officer. The information can be mailed,
faxed or e-mailed to the individuals at
the addresses and fax numbers listed
below:
(OMB)
Office of Management and Budget, Attn:
Desk Officer for SSA, Fax: 202–395–
6974, E-mail address:
OIRA_Submission@omb.eop.gov.
(SSA)
Social Security Administration,
DCBFM, Attn: Reports Clearance
Officer, 1333 Annex Building, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–965–6400, E-mail address:
OPLM.RCO@ssa.gov.
The information collections listed
below have been submitted to OMB for
clearance. Your comments on the
information collections would be most
useful if received by OMB and SSA
within 30 days from the date of this
publication. You can obtain a copy of
the OMB clearance packages by calling
the SSA Reports Clearance Officer at
410–965–0454, or by writing to the
address listed above.
Letter to Custodian of Birth Records/
Letter to Custodian of School Records—
20 CFR 404.704, 404.716, 416.802, and
422.107—0960–0693. SSA prepares the
SSA–L106 and SSA–L706 for
individuals who need help in obtaining
evidence of their age in connection with
Social Security number card
applications and claims for benefits.
SSA uses the SSA–L706 to determine
the existence of primary evidence of age
for Social Security Number (SSN)
applicants. SSA also uses both letters to
verify with the issuing entity, when
necessary, the authenticity of the record
submitted by the SSN applicant or
claimant. The respondents are schools,
state and local bureaus of vital statistics,
and religious entities.
Type of Request: Revision of an OMBapproved information collection.
Number of Respondents: 7,200.
Frequency of Response: 1.
Average Burden Per Response: 10
minutes.
Estimated Annual Burden: 1,200
hours.
PO 00000
Frm 00088
Fmt 4703
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Dated: November 20, 2007.
Elizabeth A. Davidson,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. E7–23022 Filed 11–26–07; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 5996]
Issuance of a Presidential Permit
Authorizing the Greater Yuma Port
Authority To Construct, Operate, and
Maintain a Livestock Border Crossing
Near San Luis, Arizona, at the
International Boundary Between the
United States and Mexico
SUMMARY: The Department of State has
issued a Presidential permit, effective
November 16, 2007, authorizing the
Greater Yuma Port Authority to
construct, operate, and maintain a
livestock border crossing near San Luis,
Arizona, at the international boundary
between the United States and Mexico.
In making this determination, the
Department consulted with other federal
agencies, as required by Executive Order
11423, as amended.
FOR FURTHER INFORMATION CONTACT: Mr.
Daniel Darrach, U.S.-Mexico Border
Affairs Coordinator, via e-mail at WHABorderAffairs@state.gov; by phone at
202–647–9894 or by mail at WHA/MEX,
Room 4258, Department of State, 2201
C St., NW., Washington, DC 20520.
SUPPLEMENTARY INFORMATION: Following
is the text of the issued permit:
By virtue of the authority vested in
me as Under Secretary of State for
Economic, Energy and Agricultural
Affairs, pursuant to Department of State
Delegation number 118–2 from the
Secretary of State dated January 26,
2006, to exercise, to the extent
authorized by law, all authorities vested
in the Secretary of State, including those
authorities under Executive Order
11423, 33 FR 11741 (1968), as amended
by Executive Order 12847 of May 17,
1993, 58 FR. 29511 (1993), Executive
Order 13284 of January 23, 2003, 68 FR
4075 (2003), and Executive Order 13337
of April 30, 2004, 69 FR 25299 (2004);
having considered the environmental
effects of the proposed action in
accordance with the National
Environmental Policy Act of 1969 (83
Stat. 852; 42 U.S.C. § 4321, et seq.) and
other statutes relating to environmental
concerns; having considered the
proposed action in accordance with the
National Historic Preservation Act (80
Stat. 917, 16 U.S.C. § 470f, et seq.); and
having requested and received the views
of various of the federal departments
E:\FR\FM\27NON1.SGM
27NON1
Agencies
[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Notices]
[Pages 66214-66216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22979]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56819; File No. SR-NYSEArca-2007-115]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of a Proposed Rule Change Relating to Rule 6.87--Obvious Error
November 19, 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 November 8, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend NYSE Arca Rule 6.87 governing
obvious errors. Specifically, the Exchange proposes a revised review
procedure for contesting decisions made pursuant to the options obvious
error rule. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and https://
www.nyse.com.
[[Page 66215]]
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
The Exchange proposes to amend NYSE Arca Rule 6.87 governing
options obvious errors. Specifically, the Exchange proposes a revised
review procedure for contesting decisions made pursuant to the obvious
error rule. Currently, NYSE Arca Rule 6.87 provides that the Exchange
will determine whether an ``Obvious Error'' \3\ has occurred after a
market maker believes and notifies the Exchange that it participated in
a transaction that was the result of an Obvious Error. If the Exchange
believes that an Obvious Error has occurred, the Exchange will take one
of the following actions depending on the parties to the trade: (1)
Adjust the price with an adjustment; (2) bust the trade; or (3) adjust
the trade without an adjustment penalty. Currently, if a party does not
agree with the action taken by the Exchange, the party may appeal the
decision to the Exchange's Board of Directors (``Board'') pursuant to
NYSE Arca Rule 10.14.
---------------------------------------------------------------------------
\3\ ``Obvious Error'' is defined in NYSE Arca Rule 6.87(a)(1).
---------------------------------------------------------------------------
The Exchange proposes to amend Rule 6.87 by removing the Board
appeal process pursuant to Rule 10.14 and replacing it with a revised
appeal process. Proposed NYSE Arca Rule 6.87 would permit a party
affected by the determination of an Obvious Error to request an appeal
to the Obvious Error Panel (``OE Panel'') to review the determination
made by the Exchange's representative pursuant to Rule 6.87(a)(3). The
OE Panel would be comprised of the NYSE Arca Chief Regulatory Officer
(``CRO''), or a designee of the CRO,\4\ and representatives from two
options and trading permit firms (``OTP Firms'').\5\ One representative
on the OE Panel will be from an OTP Firm directly engaged in market
making activities and one representative on the OE Panel will be from
an OTP Firm directly engaged in the handling of options orders for
public customers.
---------------------------------------------------------------------------
\4\ The Exchange represents that a designee of the CRO would be
an employee of the Exchange, working closely with and reporting
directly to, the CRO, such as one of the Directors of Options
Regulation. The Exchange notes that the International Securities
Exchange, LLC (``ISE'') designates an obvious error panel to
independently make appeals decisions and also to overturn or modify
actions taken by the ISE. See ISE Rule 720.
\5\ The Exchange proposes to designate at least ten (10) OTP
Firm representatives to be called upon to serve on the OE Panel. In
no case would the OE Panel include a person related to a party to
the trade in question. To the extent reasonably possible, the
Exchange proposes to call upon the designated representatives to
participate on an OE Panel on an equally frequent basis.
---------------------------------------------------------------------------
In addition, requests for an appeal would have to be made via
facsimile or e-mail within thirty minutes after the party requesting
the appeal is given notification of the initial determination.
Thereafter, the OE Panel would review the information and may overturn
or modify the action taken by the Officer. Such determination by the OE
Panel would be considered a final action by the Exchange on the matter
at issue. All final determinations made by the OE Panel would be
rendered, without prejudice, as to the rights of the parties to the
transaction to submit their dispute to arbitration. The Exchange states
that the revised process is intended to provide a timely appeal for OTP
Firms and options and trading permit holders (``OTP Holders'') in place
of the lengthy Board appeals process currently provided in Rule 10.14.
Finally, if the OE Panel upholds the Exchange's decision made
pursuant to Rule 6.87(a)(4) to bust or adjust a trade, the Exchange
would assess a $500.00 fee against the OTP Holder or OTP Firm that
initiated the request for appeal. The Exchange believes that assessing
a $500.00 fee would discourage frivolous and abusive practices of the
appeal process.
The Exchange is also proposing amendments to Rule 10.14 to remove
the Board appeals process for Rule 6.87, and remove the appeals process
from Commentary .02 of Rule 6.87.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
section 6(b) of the Act,\6\ in general, and furthers the objectives of
section 6(b)(5) of the Act,\7\ in particular, because it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments and perfect the mechanisms of a
free and open market and to protect investors and the public interest.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 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
No written comments were solicited or received by the Exchange with
respect to 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 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 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-NYSEArca-2007-115 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2007-115. This
file number should be included on the
[[Page 66216]]
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 the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2007-115 and should be submitted on or before
December 18, 2007.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-22979 Filed 11-26-07; 8:45 am]
BILLING CODE 8011-01-P