Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Closing Time for Options on Exchange-Traded Funds, 4656-4658 [E8-1303]
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4656
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
The purpose of this rule change is to
extend the IWM Pilot Program through
March 1, 2008. The Exchange is not
proposing any other changes to the IWM
Pilot Program at this time.
The Exchange believes that
maintaining the increased position and
exercise limits for IWM options will
lead to a more liquid and competitive
market environment for IWM options
that will benefit all investors interested
in trading this product. As a result, the
Exchange believes that the above stated
reasons justify the IWM Pilot Program
and requests that the Commission
extend the IWM Pilot Program through
March 1, 2008.
NYSE Arca represents that it has not
encountered any problems or
difficulties relating to the IWM Pilot
Program since its inception.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
and furthers the objectives of Section
6(b)(5) of the Act 7 in that it is designed
to promote just and equitable principles
of trade, to remove impediments to and
perfect the mechanisms 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
No written comments were solicited
or received with respect to the proposed
rule change.
jlentini on PROD1PC65 with NOTICES
III. Date of Effectiveness of the Proposed
Rule Change and Timing for
Commission Action
The Exchange has designated the
proposed rule change as one that: (1)
Does not significantly affect the
protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) does not become operative for 30
days from the date of filing, or such
shorter time as the Commission may
designate if consistent with the
IWM options shall be equivalent to the position
limit prescribed for IWM options in Commentary
.06 under Rule 6.8. The increased exercise limits
would only be in effect during the IWM Pilot
Program.
7 15 U.S.C. 78f(b)(5).
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16:59 Jan 24, 2008
Jkt 214001
protection of investors and the public
interest. Therefore, the foregoing rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 8 and
subparagraph (f)(6) of Rule 19b–4
thereunder.9 The Exchange has asked
the Commission to waive the operative
delay to permit the IWM Pilot Program
extension to become effective prior to
the 30th day after filing.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because it will allow the benefits of the
IWM Pilot Program to continue without
interruption.10 Therefore, the
Commission designates the proposal
operative upon filing.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
the rule change if it appears to the
Commission that such action is
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–NYSEArca–2008–07 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–2008–07. 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 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–2008–07 and
should be submitted on or before
February 15, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Nancy M. Morris,
Secretary.
[FR Doc. E8–1265 Filed 1–24–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57167; File No. SR–
NYSEArca–2008–10]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to the Closing
Time for Options on Exchange-Traded
Funds
8 15
January 17, 2008.
9 17
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
16, 2008, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or the ‘‘Exchange’’), through its
wholly owned subsidiary, NYSE Arca
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has fulfilled this requirement.
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00141
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11 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. 73, No. 17 / Friday, January 25, 2008 / Notices
Equities, Inc. (‘‘NYSE Arca Equities’’),
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 NYSE
Arca. The Exchange filed the proposal
as ‘‘non-controversial’’ pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder,4 which
renders it effective upon filing with the
Commission. 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
NYSE Arca proposes to amend NYSE
Arca Rule 7.1 in order to provide the
Exchange with flexibility, similar to that
of other options exchanges, regarding
the time at which options on exchangetraded funds (‘‘ETFs’’) cease trading on
the Exchange. The text of the proposed
rule change is available at the
Exchange’s principal office, the
Commission’s Public Reference Room,
and https://www.nysearca.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,
NYSE Arca 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 those
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 parts of such
statements.
jlentini on PROD1PC65 with NOTICES
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 7.1 (‘‘Rule’’), Trading
Sessions, to provide the Exchange with
flexibility, similar to that of other
options exchanges, regarding the time at
which options on ETFs cease trading on
the Exchange. The rule currently
specifies the trading hours for options
on ETFs as commencing at 6:30 a.m.
Pacific Time (‘‘PT’’) and ending at the
same time as the primary listing
exchange closes its core trading session
in the underlying ETF.
3 15
4 17
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
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16:59 Jan 24, 2008
Jkt 214001
Recently, the Exchange submitted a
proposed rule change that was effective
upon filing that governed the trading
hours of options on ETFs.5 As a result
of that proposed rule change, the
Exchange synchronized the closing time
for options on ETFs with the time at
which the underlying ETF closes on its
primary listing exchange. In the case of
NYSE Arca Equities, starting January 2,
2008, the closing time for its primary
listed ETFs changed to 1 p.m. PT.
Since that date, the Exchange has
closed trading in options on NYSE Arca
Equities primary listed ETFs at 1 p.m.
PT. For the most part, other options
exchanges followed suit. However,
certain options exchanges, most notably
the Chicago Board Options Exchange
(‘‘CBOE’’), the American Stock
Exchange, and the International Stock
Exchange have continued to trade
options on iShares Russell 2000 Index
Fund (‘‘IWM’’), an ETF that is listed on
NYSE Arca Equities, until 1:15 p.m. PT.
The Exchange, meanwhile, closes
trading in options on IWM at 1 p.m. PT
in keeping with NYSE Arca Rule 7.1.
Although compliant with its rules, the
Exchange is operating at a competitive
disadvantage because other options
exchanges allow their members to trade
options on IWM until 1:15 p.m. PT. To
address this apparent disadvantage, the
Exchange proposes to amend Rule 7.1
similar to CBOE Rule 6.1 so that options
on ETFs may be traded on the Exchange
until 1:15 p.m. each business day.6
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the Act,7
in general, and furthers the objectives of
Section 6(b)(5),8 in particular, in that it
is designed to prevent fraudulent and
manipulative acts and practices, 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 to and
perfect the mechanisms of a free and
5 See Securities Exchange Act Release No. 57087
(January 2, 2008), 73 FR 1656 (January 9, 2008) (SR–
NYSEArca–2008–01).
6 Commentary .01 to CBOE Rule 6.1 states, in
part, that ‘‘hours during which transactions in
options on individual stocks may be made on the
Exchange shall correspond to the normal hours for
business set forth in the rules of the primary
exchange listing the stocks underlying CBOE
options.’’ Commentary .03 to CBOE Rule 6.1 states:
‘‘Options on Units, as defined under Interpretation
and Policy .06 to Rule 5.3, and options on the
Nasdaq–100 Index Tracking Stock may be traded on
the Exchange until 3:15 p.m. [Central Time] each
business day.’’
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
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4657
open market and a national market
system.
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
Because the foregoing proposed rule
change does not: (1) Significantly affect
the protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
NYSE Arca has requested that the
Commission waive the 30-day operative
delay and designate the proposed rule
change to become operative upon filing.
The proposed rule is similar to rules of
other exchanges and does not appear to
raise any novel or significant regulatory
issues. Therefore, the Commission
designates the proposed rule change as
operative upon filing.11
At any time within 60 days of the
filing of such proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in the furtherance of the
purposes of the Act.
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). The Exchance has
requested that the Commission waive the
requirement that the Exchange provide the
Commission written notice of its intent to file the
proposed rule change, along with a brief description
and text of the proposed rule change, at least five
business days prior to the date on which the
Exchange filed the proposed rule change pursuant
to rule 19b–4(f)(6)(iii). The Commission hereby
grants this request.
11 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
10 17
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4658
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
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:
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–2008–10 on the
subject line.
jlentini on PROD1PC65 with NOTICES
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–1303 Filed 1–24–08; 8:45 am]
[Investment Company Act Release No.
28123; 812–13363]
The TIGERS Revenue Trust and VTL
Associates, LLC; Notice of Application
January 18, 2008.
Securities and Exchange
Commission (‘‘Commission’’).
Paper Comments
ACTION: Notice of an application for an
order under section 6(c) of the
• Send paper comments in triplicate
Investment Company Act of 1940 (the
to Nancy M. Morris, Secretary,
‘‘Act’’) for an exemption from sections
Securities and Exchange Commission,
2(a)(32), 5(a)(1), 22(d), and 24(d) of the
100 F Street, NE., Washington, DC
Act and rule 22c–1 under the Act; under
20549–1090.
sections 6(c) and 17(b) of the Act for an
All submissions should refer to File
exemption from sections 17(a)(1) and
Number SR–NYSEArca–2008–10. This
(a)(2) of the Act; and under section
file number should be included on the
12(d)(1)(J) of the Act for exemption from
subject line if e-mail is used. To help the sections 12(d)(1)(A) and 12(d)(1)(B) of
Commission process and review your
the Act.
comments more efficiently, please use
only one method. The Commission will SUMMARY OF THE APPLICATION: The
post all comments on the Commission’s applicants request an order that would
permit (a) series of open-end
Internet Web site (https://www.sec.gov/
management investment companies to
rules/sro.shtml ). Copies of the
issue shares (‘‘Shares’’) that can be
submission, all subsequent
redeemed only in large aggregations
amendments, all written statements
(‘‘Creation Units’’); (b) secondary market
with respect to the proposed rule
transactions in Shares to occur at
change that are filed with the
negotiated prices; (c) dealers to sell
Commission, and all written
Shares to purchasers in the secondary
communications relating to the
market unaccompanied by a prospectus
proposed rule change between the
when prospectus delivery is not
Commission and any person, other than required by the Securities Act of 1933
those that may be withheld from the
(‘‘Securities Act’’); (d) certain affiliated
public in accordance with the
persons of the series to deposit
provisions of 5 U.S.C. 552, will be
securities into, and receive securities
available for inspection and copying in
from, the series in connection with the
the Commission’s Public Reference
purchase and redemption of Creation
Room, 100 F Street, NE., Washington,
Units; and (e) certain registered
DC 20549, on official business days
management investment companies and
between the hours of 10 a.m. and 3 p.m. unit investment trusts outside of the
Copies of such filing also will be
same group of investment companies as
available for inspection and copying at
the series to acquire Shares.
the principal office of the Exchange. All APPLICANTS: The TIGERS Revenue Trust
comments received will be posted
(the ‘‘Trust’’) and VTL Associates, LLC
without change; the Commission does
(the ‘‘Adviser’’).
not edit personal identifying
FILING DATES: The application was filed
information from submissions. You
on February 8, 2007 and amended on
should submit only information that
September 5, 2007 and December 7,
you wish to make available publicly. All 2007. Applicants have agreed to file an
submissions should refer to File
amendment during the notice period,
Number SR–NYSEArca–2008–10 and
the substance of which is reflected in
should be submitted on or before
the notice.
February 15, 2008.
AGENCY:
12 17
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16:59 Jan 24, 2008
Jkt 214001
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CFR 200.30–3(a)(12).
Frm 00143
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Sfmt 4703
HEARING OR NOTIFICATION OF HEARING:
An order granting the application will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on February 12, 2008, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090; Applicants, One Commerce
Square, 2005 Market Street, Suite 2020,
Philadelphia, PA 19103.
FOR FURTHER INFORMATION CONTACT:
Barbara T. Heussler, Senior Counsel, at
(202) 551–6990, or Janet M. Grossnickle,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Office of Investment Company
Regulation).
The
following is a summary of the
application. The complete application
may be obtained for a fee at the Public
Reference Desk, U.S. Securities and
Exchange Commission, 100 F Street,
NE., Washington DC 20549–0102
(telephone (202) 551–5850).
SUPPLEMENTARY INFORMATION:
Applicants’ Representations
1. The Trust is registered as an openend management investment company
and is organized as a Delaware statutory
trust authorized to issue multiple series
or portfolios. The Trust intends to offer
and sell Shares of at least one or more
separate investment portfolios (‘‘each an
‘‘Index Fund’’).1 The Adviser is
registered as an investment adviser
under the Investment Advisers Act of
1940, as amended (the ‘‘Advisers Act’’)
and will serve as the investment adviser
to each Index Fund. The Adviser will
enter into a sub-advisory agreement
with The Bank of New York (‘‘BNY’’) to
serve as a sub-adviser with respect to
the Initial Index Funds. BNY, and any
1 All Index Funds and the Trust, wherever
appropriate, are collectively referred to herein as
the ‘‘Trust.’’ The Trust currently intends to offer
three series, the TIGERS Revenue-Weighted Large
Cap Index Fund, TIGERS Revenue-Weighted Mid
Cap Index Fund and TIGERS Revenue-Weighted
Small Cap Index Fund (collectively, the ‘‘Initial
Index Funds’’).
E:\FR\FM\25JAN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4656-4658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1303]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57167; File No. SR-NYSEArca-2008-10]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Closing Time for Options on Exchange-Traded Funds
January 17, 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 16, 2008, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange''), through its wholly owned subsidiary, NYSE Arca
[[Page 4657]]
Equities, Inc. (``NYSE Arca Equities''), 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 NYSE Arca. The Exchange filed the proposal as ``non-
controversial'' pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon filing
with the Commission. 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NYSE Arca proposes to amend NYSE Arca Rule 7.1 in order to provide
the Exchange with flexibility, similar to that of other options
exchanges, regarding the time at which options on exchange-traded funds
(``ETFs'') cease trading on the Exchange. The text of the proposed rule
change is available at the Exchange's principal office, the
Commission's Public Reference Room, and https://www.nysearca.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, NYSE Arca 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 those 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 parts 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 7.1 (``Rule''),
Trading Sessions, to provide the Exchange with flexibility, similar to
that of other options exchanges, regarding the time at which options on
ETFs cease trading on the Exchange. The rule currently specifies the
trading hours for options on ETFs as commencing at 6:30 a.m. Pacific
Time (``PT'') and ending at the same time as the primary listing
exchange closes its core trading session in the underlying ETF.
Recently, the Exchange submitted a proposed rule change that was
effective upon filing that governed the trading hours of options on
ETFs.\5\ As a result of that proposed rule change, the Exchange
synchronized the closing time for options on ETFs with the time at
which the underlying ETF closes on its primary listing exchange. In the
case of NYSE Arca Equities, starting January 2, 2008, the closing time
for its primary listed ETFs changed to 1 p.m. PT.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 57087 (January 2,
2008), 73 FR 1656 (January 9, 2008) (SR-NYSEArca-2008-01).
---------------------------------------------------------------------------
Since that date, the Exchange has closed trading in options on NYSE
Arca Equities primary listed ETFs at 1 p.m. PT. For the most part,
other options exchanges followed suit. However, certain options
exchanges, most notably the Chicago Board Options Exchange (``CBOE''),
the American Stock Exchange, and the International Stock Exchange have
continued to trade options on iShares Russell 2000 Index Fund
(``IWM''), an ETF that is listed on NYSE Arca Equities, until 1:15 p.m.
PT. The Exchange, meanwhile, closes trading in options on IWM at 1 p.m.
PT in keeping with NYSE Arca Rule 7.1.
Although compliant with its rules, the Exchange is operating at a
competitive disadvantage because other options exchanges allow their
members to trade options on IWM until 1:15 p.m. PT. To address this
apparent disadvantage, the Exchange proposes to amend Rule 7.1 similar
to CBOE Rule 6.1 so that options on ETFs may be traded on the Exchange
until 1:15 p.m. each business day.\6\
---------------------------------------------------------------------------
\6\ Commentary .01 to CBOE Rule 6.1 states, in part, that
``hours during which transactions in options on individual stocks
may be made on the Exchange shall correspond to the normal hours for
business set forth in the rules of the primary exchange listing the
stocks underlying CBOE options.'' Commentary .03 to CBOE Rule 6.1
states: ``Options on Units, as defined under Interpretation and
Policy .06 to Rule 5.3, and options on the Nasdaq-100 Index Tracking
Stock may be traded on the Exchange until 3:15 p.m. [Central Time]
each business day.''
---------------------------------------------------------------------------
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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 to and perfect the mechanisms of a free and open
market and a national market system.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 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
Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). The Exchance has requested that the
Commission waive the requirement that the Exchange provide the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change pursuant to rule 19b-
4(f)(6)(iii). The Commission hereby grants this request.
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NYSE Arca has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change to become
operative upon filing. The proposed rule is similar to rules of other
exchanges and does not appear to raise any novel or significant
regulatory issues. Therefore, the Commission designates the proposed
rule change as operative upon filing.\11\
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\11\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.
[[Page 4658]]
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-2008-10 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-2008-10. 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 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-2008-10 and should
be submitted on or before February 15, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1303 Filed 1-24-08; 8:45 am]
BILLING CODE 8011-01-P
