Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Extend the Pilot Program for NYSE Arca Realtime Reference Prices Service, 75159 [Z8-26627]

Download as PDF Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices SECURITIES AND EXCHANGE COMMISSION The Commission finds good cause, pursuant to Section 19(b)(2) of the Exchange Act,24 for approving the proposed rule change prior to the thirtieth day after the date of publication of the Notice in the Federal Register. The Commission notes that proposed NYSE Arca Equities Rule 5.2(j)(7) is solely designed to accommodate the listing and trading of the Amex Trust Certificates, which are currently listed and trading on NYSE Alternext US, on the Exchange. The Commission further notes that, if the Exchange seeks to list and trade, or trade pursuant to unlisted trading privileges, any additional series of Trust Certificates, the Exchange is required to file a proposed rule change with the Commission pursuant to Section 19(b)(1) of the Exchange Act and Rule 19b–4 thereunder. The Commission finds that the proposed rule change would benefit investors by permitting the listing of the Amex Trust Certificates on the Exchange and providing investors and other market participants seamless and uninterrupted trading opportunities in the Amex Trust Certificates, while maintaining sufficient minimum standards with respect to the continued trading of such Trust Certificates. IV. Conclusion mstockstill on PROD1PC66 with NOTICES It is therefore ordered, pursuant to Section 19(b)(2) of the Exchange Act,25 that the proposed rule change (SR– NYSEArca–2008–123), as modified by Amendment No. 1 thereto, be, and it hereby is, approved on an accelerated basis. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.26 Florence E. Harmon, Acting Secretary. [FR Doc. E8–29155 Filed 12–9–08; 8:45 am] 24 15 U.S.C. 78f(b)(5). U.S.C. 78s(b)(2). II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes In its filing with the Commission, OCC included statements concerning the purpose of and basis for the proposed rule changes and discussed any comments it received on the proposed rule changes. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.2 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Extend the Pilot Program for NYSE Arca Realtime Reference Prices Service III. Accelerated Approval 23 15 of ‘‘fund share’’ in Article I, Section 1 of OCC’s By-Laws. [Release No. 34–58895; File No.SR– NYSEArca–2008–122] This approval order is based on the Exchange’s representations. For the foregoing reasons, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Exchange Act 23 and the rules and regulations thereunder applicable to a national securities exchange. BILLING CODE 8011–01–P Correction In notice document E8–26627 beginning on page 66956 in the issue of Wednesday, November 12, 2008 make the following correction: On page 66957, in the third column, under heading III. Solicitation of Comments, in the last paragraph, in the second to last line ‘‘December 1, 2008’’ should read ‘‘December 3, 2008’’. [FR Doc. Z8–26627 Filed 12–9–08; 8:45 am] BILLING CODE 1505–01–D SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59054; File Nos. SR–OCC– 2008–13 and SR–OCC–2008–14] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Changes Relating to iShares COMEX Gold Trust and iShares Silver Trust Shares December 4, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on July 23, 2008, The Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) proposed rule changes SR–OCC–2008–13 and SR–OCC–2008– 14 as described in Items I and II below, which items have been prepared primarily by OCC. The Commission is publishing this notice and order to solicit comments from interested persons and to grant accelerated approval to the proposed rule changes. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Changes The proposed rule changes would remove any potential question on the jurisdictional status of options or security futures on iShares COMEX Gold Trust shares and iShares Silver Trust shares by amending the interpretation following the definition 25 Id. 26 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 16:49 Dec 09, 2008 1 15 Jkt 217001 75159 PO 00000 U.S.C. 78s(b)(1). Frm 00083 Fmt 4703 Sfmt 4703 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes The purpose of the proposed rule changes is to remove any potential question on the jurisdictional status of options or security futures on iShares COMEX Gold Trust shares and iShares Silver Trust shares by amending the interpretation following the definition of ‘‘fund share’’ in Article I, Section 1 of OCC’s By-Laws. On May 30, 2008, the Commission approved rule filing SR– OCC–2008–07, which added this interpretation with respect to the treatment and clearing of options and security futures on SPDR Gold Shares.3 Under the proposed rule changes, OCC would also (1) clear and treat as securities options any option contracts on iShares COMEX Gold shares and iShares Silver Trust shares that are traded on securities exchanges and (2) clear and treat as security futures any futures contracts on iShares COMEX Gold shares and iShares Silver Trust shares.4 In its capacity as a ‘‘derivatives clearing organization’’ registered as such with the Commodity Futures Trading Commission (‘‘CFTC’’), OCC also filed the proposed rule changes with the CFTC for prior approval by the CFTC pursuant to provisions of the Commodity Exchange Act (‘‘CEA’’) in order to foreclose any potential liability under the CEA based on an argument that the clearing by OCC of such options as securities options or that the clearing 2 The Commission has modified the text of the summaries prepared by OCC. 3 Securities Exchange Act Release No. 57895 (May 30, 2008), 73 FR 32066 (June 5, 2008). 4 The exact language of the interpretation can be found at https://www.optionsclearing.com/ publications/rules/proposed_changes/ sr_occ_08_13.pdf and https:// www.optionsclearing.com/publications/rules/ proposed_changes/sr_occ_08_14.pdf. E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Page 75159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: Z8-26627]



SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58895; File No.SR-NYSEArca-2008-122]


 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Order Granting Accelerated Approval of Proposed Rule Change To 
Extend the Pilot Program for NYSE Arca Realtime Reference Prices 
Service

Correction

    In notice document E8-26627 beginning on page 66956 in the issue of 
Wednesday, November 12, 2008 make the following correction:
    On page 66957, in the third column, under heading III. Solicitation 
of Comments, in the last paragraph, in the second to last line 
``December 1, 2008'' should read ``December 3, 2008''.

[FR Doc. Z8-26627 Filed 12-9-08; 8:45 am]
BILLING CODE 1505-01-D

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