Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change Relating to the Continued Listing Standards for Equity Index-Linked Securities, 3300-3302 [E8-707]
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
data elements into two components,
requiring only data elements essential to
completing the transaction to be
inputted at the time of sale and the
remaining elements within 24 hours.
The MSRB notes that a SIFMA/DTCC
task force identified the data elements
about a new issue as necessary for
automated trade processing of whenissued trades. This information is
designated in NIIDS as information
necessary for ‘‘Trade Eligibility.’’ While
the MSRB recognizes that the proposed
rule change would represent a
significant change for underwriters, one
of the objectives is to ensure that all
dealers have access to information
necessary to process and report trades in
new issues in real-time.
Short-Term Instruments with Less than
Nine Months in Effective Maturity
The MSRB also requested comment
on whether certain types of new issues
of municipal securities have special
characteristics or use different
‘‘bookrunning’’ services that would
present difficulties for underwriters to
comply with the draft amendments to
Rule G–34. SIFMA stated that shortterm instruments with less than nine
months in effective maturity, such as
variable rate instruments, auction rate
products and commercial paper, ‘‘each
have operational issues that present
problems distinct from long-term fixedrate securities’’ that would make
complying with the NIIDS data
dissemination requirement difficult.
SIFMA noted that ‘‘intermediaries may
not be available to process the fields for
Trade Eligibility with the result that
underwriters may themselves be
required to populate the fields and have
systems in place to enter the data in the
two hour period allowed by the
proposed rule.’’
The MSRB notes that trades in shortterm instruments with less than nine
months in effective maturity qualify for
an end-of-day exception from real-time
transaction reporting. Therefore, one of
the primary purposes of the March 2007
draft amendments, to improve timely
real-time transaction reporting of new
issues, does not necessarily apply.
While underwriters would be able to
manually input information about a new
issue to NIIDS through a web interface,
the MSRB believes that the burden of
complying with the requirement in the
March 2007 draft amendments to
transmit to NIIDS all new issue
information designated as necessary for
‘‘Trade Eligibility’’ no later than two
hours of the Time of Formal Award for
short term instruments with less than
nine months in effective maturity would
not be warranted given the marginal
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17:07 Jan 16, 2008
Jkt 214001
benefit to price transparency that would
be achieved. The MSRB decided that the
NIIDS data dissemination requirement
for new issues that have an effective
maturity of nine months or less should
be phased in at a later time once
intermediaries or dealer systems are
able to submit information about such
securities to NIIDS electronically.16
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 self-regulatory
organization 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
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–MSRB–2007–08 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–MSRB–2007–08. 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
16 The MSRB notes that Trade Eligibility
information on short term instruments with less
than nine months in effective maturity would still
be required to be submitted to DTCC in connection
with an underwriter’s requirement to apply for
depository eligibility under Rule G–34(a)(ii)(A), but
would not be subject to the requirement to
communicate such information not later than two
hours after the Time of Formal Award.
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Frm 00073
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Sfmt 4703
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 MSRB. 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–MSRB–2007–08 and should
be submitted on or before February 7,
2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–732 Filed 1–16–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57132; File No. SR–
NYSEArca–2007–125]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Granting Approval of
a Proposed Rule Change Relating to
the Continued Listing Standards for
Equity Index-Linked Securities
January 11, 2008.
I. Introduction
On December 5, 2007, NYSE Arca,
Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’),
through its wholly owned subsidiary,
NYSE Arca Equities, Inc. (‘‘NYSE Arca
Equities’’), 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
proposal to amend NYSE Arca Equities
Rule 5.2(j)(6)(B)(I)(2)(a), which sets forth
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
the Exchange’s continued listing criteria
for Equity Index-Linked Securities.3 The
proposed rule change was published for
comment in the Federal Register on
December 12, 2007.4 The Commission
received no comments on the proposal.
This order approves the proposed rule
change.
II. Description of the Proposal
The Exchange proposes to remove
from NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a) the continued listing
requirement for Equity Index-Linked
Securities that prohibits the number of
components comprising the underlying
index from increasing or decreasing by
331⁄3% from the original number of
index components at the time of initial
listing of such securities (the ‘‘331⁄3%
Requirement’’).5 The Exchange states
that its listing standards for exchangetraded funds under NYSE Arca Equities
Rule 5.2(j)(3) and those of other national
securities exchanges do not impose this
same limitation regarding the change in
the number of components comprising
the underlying index. The Exchange
believes that, in the case of Equity
Index-Linked Securities, investors
purchase such securities because they
believe that the underlying index
methodology is accurately described in
the offering documentation, and that the
index sponsor will maintain the index
methodology appropriately, so that the
index will continue to represent the
sector, geographic region, or other
investment characteristics the index is
designed to track. As such, rather than
buying Equity Index-Linked Securities
on the basis of the current contents of
the index, the Exchange states that
investors rely on the index sponsor to
define and manage the index selection
rules so that the index over time is
sustainable in response to changing
market conditions.
In addition, because Equity IndexLinked Securities may have terms that
endure for as long as 30 years, the
Exchange states it is likely that the
underlying index for such securities
will ultimately change in ways that will
render them non-compliant with NYSE
Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii), and as a result,
the Exchange believes that the 331⁄3%
Requirement penalizes Equity Index-
mstockstill on PROD1PC66 with NOTICES
3 NYSE
Arca Equities Rule 5.2(j)(6) defines Equity
Index-Linked Securities as securities that provide
for the payment at maturity of a cash amount based
on the performance of an underlying index or
indexes of equity securities, also referred to as the
‘‘Equity Reference Asset.’’ See NYSE Arca Equities
Rule 5.2(j)(6).
4 See Securities Exchange Act Release No. 56918
(December 6, 2007), 72 FR 70635 (‘‘Notice’’).
5 See NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii).
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18:30 Jan 16, 2008
Jkt 214001
Linked Securities with such long-term
maturities. Specifically, Equity IndexLinked Securities based on total
industry/country composite indexes are
at risk of being delisted prior to the
stated maturity date. In addition, new
issues of Equity Index-Linked Securities
may not be launched because of issuer
concerns regarding the negative impact
of the possible delisting of such
securities due to index component
changes that reflect expanding or
retracting industry sectors or changes in
the geographical business environment.
The Exchange does not believe that it is
protective of investors to require the
delisting of those Equity Index-Linked
Securities in such event.
Under the proposal, the Exchange
seeks to maintain the 10-component
minimum requirement in NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(2)(a)(ii) as a
continued listing standard by moving
reference to this requirement to Rule
5.2(j)(6)(B)(I)(2)(a), which would make
reference to Rule 5.2(j)(6)(B)(I)(1)(a), as
proposed. NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1)(a) requires that each
underlying index have at least 10
component securities of different
issuers.
III. Commission’s Findings and Order
Granting Approval of the Proposed
Rule Change
After careful review and based on the
Exchange’s representations, 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.6 In
particular, the Commission finds that
the proposed rule change is consistent
with section 6(b)(5) of the Act 7 in that
it is designed to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
The Commission notes that, pursuant
to NYSE Arca Equities Rule
5.2(j)(6)(A)(b), certain issues of Equity
Index-Linked Securities may have terms
that endure for as long as 30 years and,
depending on the degree of focus and
investment objectives of the Equity
Reference Asset, the number of
6 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
7 15 U.S.C. 78f(b)(5).
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3301
components comprising the underlying
equity index may change during this
time period and could put an issue of
Equity Index-Linked Securities at risk of
being non-compliant with the 331⁄3%
Requirement. Therefore, Equity IndexLinked Securities could be subject to
delisting prior to their stated maturity
date. The Commission believes that
eliminating the 331⁄3% Requirement
reasonably balances the removal of
impediments to a free and open market
with the protection of investors and the
public interest, two principles set forth
in section 6(b)(5) of the Act.8 The
Commission notes that each issue of
Equity Index-Linked Securities must
continue to maintain all of the initial
listing standards for Equity IndexLinked Securities, including the
continued requirement that each
underlying index have a minimum of 10
component securities of different issuers
under NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1)(a), and satisfy the
continued listing requirements under
NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a), including the
enhanced minimum concentration
limits under NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(i). Given the variety
of certain equity indexes that focus on
specific industry sectors and geographic
markets, for example, and the extended
duration of maturities for certain Equity
Index-Linked Securities, the
Commission believes that the number of
components in an index may increase or
decrease by more than 331⁄3% from the
number of components in the index at
the time of initial listing without
adversely impacting the interests of
investors. At the same time, the
Commission believes that the proposal
should benefit investors by creating
additional alternatives to investing in
such products and competition in the
market for Equity Index-Linked
Securities, while maintaining
transparency of the underlying
components comprising an index. As
such, the Commission believes it is
reasonable and consistent with the Act
for the Exchange to modify the listing
standards for Equity Index-Linked
Securities in the manner described in
the proposal.
IV. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,9 that the
proposed rule change (SR–NYSEArca–
2007–125), be, and it hereby is,
approved.
8 Id.
9 15
E:\FR\FM\17JAN1.SGM
U.S.C. 78s(b)(2).
17JAN1
3302
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–707 Filed 1–16–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57130; File No. SR–
NYSEArca–2008–04]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Expand, and Make
Permanent, the $1 Strike Program
January 10, 2008.
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 January 8,
2008, NYSE Arca, Inc. (‘‘NYSE Arca’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been
substantially prepared by the Exchange.
NYSE Arca filed the proposal pursuant
to Section 19(b)(3)(A) of the Act 3 and
Rule 19b–4(f)(6) thereunder,4 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
mstockstill on PROD1PC66 with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules governing the $1 Strike Program
(‘‘Program’’) to expand, and make
permanent, the Program. The text of the
proposed rule change is available at the
Exchange, 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
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
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
18:30 Jan 16, 2008
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to expand the Program and
request permanent approval of the
Program. The Program currently allows
NYSE Arca to select a total of 5
individual stocks 5 on which option
series may be listed at $1 strike price
intervals. In order to be eligible for
selection into the Program, the
underlying stock must close below $20
in its primary market on the previous
trading day. If selected for the Program,
the Exchange may list strike prices at $1
intervals from $3 to $20, but no $1 strike
price may be listed that is greater than
$5 from the underlying stock’s closing
price in its primary market on the
previous day. The Exchange also may
list $1 strikes on any other option class
designated by other securities exchanges
that employ a similar $1 strikes program
under their respective rules. The
Exchange may not list long-term option
series (‘‘LEAPS’’) at $1 strike price
intervals for any class selected for the
Program. The Exchange also is restricted
from listing any series that would result
in strike prices being $0.50 apart.
The Exchange proposes to amend
Commentary .04 to NYSE Arca Rule 6.4
to expand the Program to allow it to
select a total of 10 individual stocks on
which option series may be listed at $1
strike price intervals. Additionally, the
Exchange proposes to expand the price
range on which it may list $1 strikes,
presently from $3 to $20, to now
include stocks priced from $3 to $50.
The existing restrictions on listing $1
strikes will continue, e.g., no $1 strike
price may be listed that is greater than
$5 from the underlying stock’s closing
price in its primary market on the
previous day, and the Exchange is
restricted from listing any series that
would result in strike prices being $0.50
apart. In addition, because it believes
that the Program has been very
successful by allowing investors to
establish equity options positions that
are better tailored to meet their
investment objectives, the Exchange
requests that the Program be approved
on a permanent basis.
5 The Exchange listed five issues for inclusion in
the original Program. In February 2004, according
to the Exchange, Celanese Corp. (CE) was acquired
by another company and was removed from the
Program, bringing the number of issues to four.
1 15
VerDate Aug<31>2005
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
Jkt 214001
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Sfmt 4703
As stated in the Commission order
approving NYSE Arca’s Program and in
the subsequent extensions of the
Program,6 the Exchange believes that $1
strike price intervals provide investors
with greater flexibility in the trading of
equity options that overlie lower priced
stocks by allowing investors to establish
equity options positions that are better
tailored to meet their investment
objectives. The Exchange states that its
member firms representing customers
have requested that NYSE Arca seek to
expand the Program, both in terms of
the number of classes which can be
selected and the range in which $1
strikes may be listed.
With regard to the impact on systems
capacities, the Exchange’s analysis of
the Program shows that the impact on
NYSE Arca’s, OPRA’s, and market data
vendors’ respective automated systems
has been minimal. In a previously filed
proposed rule change,7 the Exchange
included an analysis of quoting activity
for all classes selected for the Program
as a percentage of all quoting activity for
all classes being quoted during a
specific number of months. The
Exchange concluded that, for the twomonth period prior to the
implementation of the Program in May
2003, the number of quotes sent to
OPRA in the four classes selected for the
Program represented approximately
0.29% of all quotes sent by the
Exchange. For the two-month period
ending March 31, 2007, the quote share
in the four classes selected for the
Program was 0.26%, slightly below the
May 2003 levels. The Exchange notes
that these quoting statistics may actually
overstate the contribution of $1 strike
prices because these figures also include
quotes for series listed in intervals
higher than $1 (e.g., $2.50 strikes) in the
same option classes. Even with the non$1 strike series quotes included in these
6 The Commission approved the Program on June
17, 2003. See Securities Exchange Act Release No.
48045 (June 17, 2003), 68 FR 37594 (June 24, 2003)
(SR–PCX–2003–28). The Program has subsequently
been extended and is presently due to expire on
June 5, 2008. See Securities Exchange Act Release
Nos. 49818 (June 4, 2004), 69 FR 33440 (June 15,
2004) (SR–PCX–2004–39) (extending the Program
until August 4, 2004); 50152 (August 5, 2004), 69
FR 49931 (August 12, 2004) (SR–PCX–2004–61)
(extending the Program until June 5, 2005); 51767
(May 31, 2005), 70 FR 33244 (June 7, 2005) (SR–
PCX–2005–69) (extending the Program until June 5,
2006); 53807 (May 15, 2006), 71 FR 29373 (May 22,
2006) (SR–NYSEArca–2006–14) (extending the
Program until June 5, 2007); and 55718 (May 7,
2007), 72 FR 27346 (May 15, 2007) (SR–NYSEArca–
2007–42) (extending the Program until June 5,
2008).
7 See Securities Exchange Act Release No. 55718
(May 7, 2007), 72 FR 27346 (May 15, 2007) (SR–
NYSEArca–2007–42).
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Pages 3300-3302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-707]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57132; File No. SR-NYSEArca-2007-125]
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change Relating to the Continued Listing
Standards for Equity Index-Linked Securities
January 11, 2008.
I. Introduction
On December 5, 2007, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), 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 proposal to amend NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a), which sets forth
[[Page 3301]]
the Exchange's continued listing criteria for Equity Index-Linked
Securities.\3\ The proposed rule change was published for comment in
the Federal Register on December 12, 2007.\4\ The Commission received
no comments on the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ NYSE Arca Equities Rule 5.2(j)(6) defines Equity Index-
Linked Securities as securities that provide for the payment at
maturity of a cash amount based on the performance of an underlying
index or indexes of equity securities, also referred to as the
``Equity Reference Asset.'' See NYSE Arca Equities Rule 5.2(j)(6).
\4\ See Securities Exchange Act Release No. 56918 (December 6,
2007), 72 FR 70635 (``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposal
The Exchange proposes to remove from NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a) the continued listing requirement for Equity
Index-Linked Securities that prohibits the number of components
comprising the underlying index from increasing or decreasing by 33\1/
3\% from the original number of index components at the time of initial
listing of such securities (the ``33\1/3\% Requirement'').\5\ The
Exchange states that its listing standards for exchange-traded funds
under NYSE Arca Equities Rule 5.2(j)(3) and those of other national
securities exchanges do not impose this same limitation regarding the
change in the number of components comprising the underlying index. The
Exchange believes that, in the case of Equity Index-Linked Securities,
investors purchase such securities because they believe that the
underlying index methodology is accurately described in the offering
documentation, and that the index sponsor will maintain the index
methodology appropriately, so that the index will continue to represent
the sector, geographic region, or other investment characteristics the
index is designed to track. As such, rather than buying Equity Index-
Linked Securities on the basis of the current contents of the index,
the Exchange states that investors rely on the index sponsor to define
and manage the index selection rules so that the index over time is
sustainable in response to changing market conditions.
---------------------------------------------------------------------------
\5\ See NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(a)(ii).
---------------------------------------------------------------------------
In addition, because Equity Index-Linked Securities may have terms
that endure for as long as 30 years, the Exchange states it is likely
that the underlying index for such securities will ultimately change in
ways that will render them non-compliant with NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii), and as a result, the Exchange believes that
the 33\1/3\% Requirement penalizes Equity Index-Linked Securities with
such long-term maturities. Specifically, Equity Index-Linked Securities
based on total industry/country composite indexes are at risk of being
delisted prior to the stated maturity date. In addition, new issues of
Equity Index-Linked Securities may not be launched because of issuer
concerns regarding the negative impact of the possible delisting of
such securities due to index component changes that reflect expanding
or retracting industry sectors or changes in the geographical business
environment. The Exchange does not believe that it is protective of
investors to require the delisting of those Equity Index-Linked
Securities in such event.
Under the proposal, the Exchange seeks to maintain the 10-component
minimum requirement in NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii) as a continued listing standard by moving
reference to this requirement to Rule 5.2(j)(6)(B)(I)(2)(a), which
would make reference to Rule 5.2(j)(6)(B)(I)(1)(a), as proposed. NYSE
Arca Equities Rule 5.2(j)(6)(B)(I)(1)(a) requires that each underlying
index have at least 10 component securities of different issuers.
III. Commission's Findings and Order Granting Approval of the Proposed
Rule Change
After careful review and based on the Exchange's representations,
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.\6\ In particular, the
Commission finds that the proposed rule change is consistent with
section 6(b)(5) of the Act \7\ in that it is designed to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, 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\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission notes that, pursuant to NYSE Arca Equities Rule
5.2(j)(6)(A)(b), certain issues of Equity Index-Linked Securities may
have terms that endure for as long as 30 years and, depending on the
degree of focus and investment objectives of the Equity Reference
Asset, the number of components comprising the underlying equity index
may change during this time period and could put an issue of Equity
Index-Linked Securities at risk of being non-compliant with the 33\1/
3\% Requirement. Therefore, Equity Index-Linked Securities could be
subject to delisting prior to their stated maturity date. The
Commission believes that eliminating the 33\1/3\% Requirement
reasonably balances the removal of impediments to a free and open
market with the protection of investors and the public interest, two
principles set forth in section 6(b)(5) of the Act.\8\ The Commission
notes that each issue of Equity Index-Linked Securities must continue
to maintain all of the initial listing standards for Equity Index-
Linked Securities, including the continued requirement that each
underlying index have a minimum of 10 component securities of different
issuers under NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(a), and
satisfy the continued listing requirements under NYSE Arca Equities
Rule 5.2(j)(6)(B)(I)(2)(a), including the enhanced minimum
concentration limits under NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(i). Given the variety of certain equity indexes
that focus on specific industry sectors and geographic markets, for
example, and the extended duration of maturities for certain Equity
Index-Linked Securities, the Commission believes that the number of
components in an index may increase or decrease by more than 33\1/3\%
from the number of components in the index at the time of initial
listing without adversely impacting the interests of investors. At the
same time, the Commission believes that the proposal should benefit
investors by creating additional alternatives to investing in such
products and competition in the market for Equity Index-Linked
Securities, while maintaining transparency of the underlying components
comprising an index. As such, the Commission believes it is reasonable
and consistent with the Act for the Exchange to modify the listing
standards for Equity Index-Linked Securities in the manner described in
the proposal.
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\8\ Id.
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IV. Conclusion
It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-NYSEArca-2007-125), be, and
it hereby is, approved.
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\9\ 15 U.S.C. 78s(b)(2).
[[Page 3302]]
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For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-707 Filed 1-16-08; 8:45 am]
BILLING CODE 8011-01-P
