

[Federal Register: February 27, 2007 (Volume 72, Number 38)]
[Notices]               
[Page 8827-8828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe07-153]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55312; File No. SR-NYSEArca-2007-16]

 
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to the 
Size- Quote Pilot Program

February 16, 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 February 14, 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 and II below, which Items 
substantially have been prepared substantially by NYSE Arca. NYSE Arca 
has designated the proposed rule change as one constituting a non-
controversial rule change under Section 19(b)(3)(A)(iii) 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.
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    \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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NYSE Arca, Inc. is proposing to amend its rules in order to restore 
certain rule text to Rule 6.47 regarding the Size Quote Pilot Program 
(``Pilot Program'') and to extend the Pilot Program, for a one-year 
period ending February 15, 2008. The text of the proposed rule change 
is available at (http://www.nyse.com), NYSE Arca, and the Commission's 

Public Reference Room.

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 these statements may be examined at the places specified in 
Item IV below. NYSE Arca 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 purpose of this proposal is to restore rule text that was 
inadvertently deleted from NYSEArca Rule 6.47(f) and to extend, for a 
one year period, the Exchange's Size Quote Pilot Program. The Pilot 
Program was initially established when the Exchange filed SR-PCX-2005-
35.\5\ The Pilot Program was extended when the Exchange filed PCX-06-
09,\6\ and was set to expire on February 15, 2007.
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    \5\ See Securities Exchange Act Release No. 51576 (April 19, 
2005), 70 FR 21488 (April 26, 2005).
    \6\ See Securities Exchange Act Release No. 53315 (February 15, 
2006), 71 FR 9406 (February 23, 2006).
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    The rule text relating to the Size- Quote Pilot Program was 
mistakenly deleted from the Rules of NYSE Arca when the Exchange 
proposed, and subsequently received approval for SR-NYSEArca 2006-
13.\7\ Due to an oversight on behalf of Exchange staff, certain 
sections of established rule text, that the Exchange intended to keep 
in the Rules, were inadvertently deleted by the filing. The Exchange 
now proposes to restore the rule text covering the Pilot Program.
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    \7\ See Securities Exchange Act Release No. 54238 (July 28, 
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13) (approval 
of OX trading rules).
    See also telephone conversation between Glenn Gsell, Director, 
NYSE Arca, Ira Brandriss, Special Counsel, Division of Market 
Regulation (``Division''), Commission, and Jennifer Dodd, Special 
Counsel, Division, Commission, on February 15, 2007.
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    The Exchange has represented that at the completion of the Pilot 
Program, NYSE Arca would provide to the Commission a report summarizing 
the effectiveness of the Size Quote program. While the Exchange 
believes that the Size Quote Mechanism can be an effective tool for 
Floor Brokers to use while executing large size orders in

[[Page 8828]]

open outcry, the mechanism has not been used frequently enough to 
supply sufficient evidence to evaluate the effectiveness of the Pilot 
Program. In order to allow for additional time to compile sufficient 
evidence as to the effectiveness of the Pilot Program, NYSE Arca 
proposes to extend the Pilot Program for an additional one-year period 
ending February 15, 2008. At the end of the extended Pilot Program, the 
Exchange believes it will be able supply the Commission with a report 
summarizing the effectiveness of the program.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and furthers the 
objectives of Section 6(b)(5),\9\ in particular, in that it is designed 
to facilitate transactions in securities, to promote just and equitable 
principles of trade, and to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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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: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the 
self-regulatory organization to give the Commission 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. NYSE 
Arca has satisfied the five-day pre-filing requirement.
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    At any time within 60 days of the filing of the 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 furtherance of the purposes of the Act.
    NYSE Arca has requested that the Commission waive the 30-day 
operative delay. The Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because the proposal raises no new regulatory issues 
and will merely allow the Exchange more time to assess the 
effectiveness of the Pilot Program. Accordingly, the Commission 
designates the proposal to be effective and operative upon filing with 
the Commission.\12\
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    \12\ For purposes only of waiving the 30-day operative delay of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
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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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-NYSEArca-2007-16 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 Number SR-NYSEArca-2007-16. 
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 (http://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. Copies of such 
filing also will be available for inspection and copying at the 
principal office of NYSE Arca. 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-2007-16 and should be submitted on or before 
March 20, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3286 Filed 2-26-07; 8:45 am]

BILLING CODE 8010-01-P
