Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving a Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and 3 Thereto, To Amend Listing Fees for Structured Products, 67990 [E7-23317]

Agencies

• SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Page 67990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23317]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56842; File No. SR-NYSE-2007-77]


Self-Regulatory Organizations; New York Stock Exchange LLC; Order 
Approving a Proposed Rule Change, as Modified by Amendment Nos. 1, 2, 
and 3 Thereto, To Amend Listing Fees for Structured Products

November 27, 2007.
    On August 24, 2007, the New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend certain provisions of its Listed Company 
Manual (``Manual'') governing structured product fees. Except as 
described below, the proposed changes would apply retroactively as of 
October 3, 2007. On October 3, 2007, the Exchange filed Amendment No. 1 
to the proposed rule change. On October 12, 2007, the Exchange filed 
Amendment No. 2 to the proposed rule change. On October 22, 2007, the 
Exchange filed Amendment No. 3 to the proposed rule change. The 
proposed rule change and Amendments Nos. 1, 2, and 3 thereto were 
published for comment in the Federal Register on October 26, 2007.\3\ 
The Commission received no comments on the proposal. This order 
approves the proposed rule change, as modified by Amendment Nos. 1, 2, 
and 3.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 56688 (October 23, 
2007), 72 FR 60924.
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    Section 902.06 of the Manual sets forth the listing and annual fees 
for ``short-term'' securities, i.e., those having a term of seven years 
or less. The Exchange proposes to revise Section 902.06 to clarify the 
scope of the rule's coverage. For example, proposed Section 902.06 
excludes from its coverage certain short-term securities--namely, 
securities listed pursuant to Sections 703.15 (Foreign Currency 
Warrants and Currency Index Warrants), 703.17 (Stock Index Warrants 
Listing Standards), and 703.22 (Equity Index-Linked Securities, 
Commodity-Linked Securities and Currency-Linked Securities and 
Currency-Linked Securities)--that would instead be subject to lower 
fees set forth in proposed new Section 902.09.
    The proposed listing fees applicable to securities subject to 
Section 902.09 of Manual are based on the total number of shares 
outstanding. The proposed fees would apply each time an issuer lists a 
security of one of the classes specified in Section 902.09 of the 
Manual and also to subsequent listings of additional shares of the same 
security. The Exchange would treat each series of the security as a 
separate issue. Proposed Section 902.09 would also establish annual 
fees based on the total number of shares outstanding. The proposed 
annual fees would be billed in January for the forthcoming year. 
Additionally, a $2,500 fee for certain changes that involve 
modifications to Exchange records would apply.
    The Exchange also proposes to amend Section 902.05 of the Manual to 
provide that the fees applicable to: (1) Structured products listed 
under the debt criteria set out in Section 703.19 (Other Securities) 
and traded on NYSE Bonds are set forth in Section 902.08 (Listings Fees 
for Debt Securities); and (2) short-term structured products are set 
forth in Section 902.06.
    Additionally, the Exchange seeks to codify its existing practice 
whereby it applies the fee schedules set forth in Sections 902.05 and 
902.06 of the Manual to securities listed pursuant to Sections 703.15, 
703.17 and 703.22 of the Manual. However, Sections 902.05 and 902.06 of 
the Manual do not identify Sections 703.15, 703.17 and 703.22 as 
securities to which the fees would apply. Through this proposed rule 
change, the Exchange proposes to apply retroactively for the period 
from June 7, 2006 to October 2, 2007 the fee schedules set forth in 
Sections 902.05 and 902.06 of the Manual to all securities previously 
listed pursuant to Sections 703.15, 703.17 and 703.22 of the Manual. 
Therefore, beginning October 3, 2007, all securities listed pursuant to 
Sections 703.15, 703.17 and 703.22 of the Manual would be subject to 
the fee schedule set forth in Section 902.09 of the Manual.
    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange.\4\ In 
particular, the Commission believes that the proposal is consistent 
with Section 6(b)(4) of the Act,\5\ which requires, among other things, 
that the rules of a national securities exchange be designed to provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its members and issuers and other persons using its 
facilities. The Commission notes that no comments have been received 
regarding the proposed rule change, and that the proposed fees are 
similar to those it approved for the American Stock Exchange LLC.\6\
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    \4\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ See Securities Exchange Act Release No. 45403 (February 6, 
2002), 67 FR 6553 (February 12, 2002) (SR-Amex-2001-100).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\7\ that the proposed rule change (File No. SR-NYSE-2007-77), as 
modified by Amendment Nos. 1, 2, and 3 thereto, be, and hereby is, 
approved.
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    \7\ 15 U.S.C. 78s(b)(2).

    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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Nancy M. Morris,
Secretary.
 [FR Doc. E7-23317 Filed 11-30-07; 8:45 am]
BILLING CODE 8011-01-P