

[Federal Register: July 30, 2007 (Volume 72, Number 145)]
[Notices]               
[Page 41563-41564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy07-88]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56119; File No. SR-NYSEArca-2007-70]

 
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Extend the 
Quarterly Options Series Pilot

 Date: July 24, 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 July 23, 2007, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') 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. The Exchange has 
designated this proposal as non-controversial under section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ 
which renders the proposed rule change 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

    The Exchange is proposing to extend the Quarterly Options Series 
pilot program (``Pilot Program'') through July 10, 2008. The text of 
the proposed rule change is available on the Exchange's Web site 
(http://www.nysearca.com), at the Exchange's principal office, and at 

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, 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 Exchange 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
    On July 12, 2006, the Exchange filed with the Commission a proposed 
rule change that allowed it to establish the Pilot Program, pursuant to 
which the Exchange lists and trades Quarterly Options Series.\5\ The 
rule change was effective upon filing. The Pilot Program, which was 
originally due to expire on July 10, 2007, was extended for a two-week 
interim period through July 24, 2007, while the Exchange finalized its 
Pilot Program Report (``Report'').\6\ The Exchange hereby proposes to 
extend the Pilot Program through July 10, 2008.
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    \5\ See Securities Exchange Act Release No. 54166 (July 18, 
2006), 71 FR 42151 (July 25, 2006) (File No. SR-NYSEArca-2006-45).
    \6\ See Securities Exchange Act Release No. 56040 (July 10, 
2007), 72 FR 39112 (July 17, 2007) (File No. SR-NYSEArca-2007-67) 
(``Interim Extension Release'').
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    In the Interim Extension Release, the Exchange stated that it would 
submit the Report in connection with this proposal to extend the Pilot 
Program through July 10, 2008. The Report provides an analysis of the 
Pilot Program covering the entire period for which the program was in 
effect. The Exchange has submitted its Report as Exhibit 3 to the Form 
19b-4 filed with the Commission. The Report may be examined at the 
places specified in Item IV below. The Report includes: (1) Data and 
written analysis on the open interest and trading volume in the classes 
for which Quarterly Options Series were opened; (2) an assessment of 
the appropriateness of the option classes selected for the Pilot 
Program; (3) an assessment of the impact of the Pilot Program on the 
capacity on the Exchange, OPRA, and market data vendors (to the extent 
data from market data vendors is available); (4) any capacity problems 
or other problems that arose during the operation of the Pilot Program 
and how the Exchange addressed such problems; (5) any complaints that 
the Exchange received during the operation of the Pilot Program and how 
the Exchange addressed them; and (6) any additional information that 
would assist the Commission in assessing the operation of the Pilot 
Program.
    The Exchange represents that the Report supports its belief that 
extension of the Pilot Program is proper. Among other things, the 
Report shows the strength of the Pilot Program as reflected by the 
overall volume and open interest of Quarterly Options Series traded on 
the both NYSE Arca and other national options exchanges. The Report 
shows that the Pilot Program has not created, and in the future should 
not create, any capacity, operational, or regulatory problems 
attributable to Quarterly Option Series.
    Finally, NYSE Arca represents that the Exchange has the necessary 
system capacity to support any additional series listed as part of the 
Pilot Program.
2. Statutory Basis
    The Exchange believes that the continuation of the Quarterly 
Options Series Pilot Program will stimulate customer interest in 
options by creating greater trading opportunities and flexibility in 
investment choices. The Exchange further believes that continuation of 
the Pilot Program will provide the ability to more closely tailor 
investment strategies and provide a valuable hedging tool for 
investors. For these reasons, the Exchange believes the

[[Page 41564]]

proposed rule change is consistent with the Act and the rules and 
regulations thereunder and, in particular, the requirements of section 
6(b) of the Act.\7\ Specifically, the Exchange believes the proposed 
rule change is consistent with section 6(b)(5) of the Act,\8\ which 
requires that the rules of an exchange be designed to promote just and 
equitable principles of trade, to prevent fraudulent and manipulative 
acts, to remove impediments to and perfect the mechanism for a free and 
open market and a national market system, and, in general, to protect 
investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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

    No written comments were solicited or received with respect to the 
proposed rule change.

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 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 \9\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\10\ The Exchange has asked the Commission to waive the 
operative delay to permit the Pilot Program extension to become 
operative prior to the 30th day after filing.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ As required under Rule 19b-4(f)(6)(iii), the Exchange 
provided the Commission with written notice of its intent to file 
the proposed rule change at least five business days before doing 
so.
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    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 Pilot Program to continue 
without interruption.\12\ Therefore, the Commission designates the 
proposal operative upon filing.\13\
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    \12\ 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).
    \13\ As set forth in the Exchange's original filing proposing 
the Pilot Program, if the Exchange were to propose an extension, an 
expansion, or permanent approval of the Pilot Program, the Exchange 
would submit, along with any filing proposing such amendments to the 
program, a report that would provide an analysis of the Pilot 
Program covering the entire period during which the Pilot Program 
was in effect. The report would include, at a minimum: (1) Data and 
written analysis on the open interest and trading volume in the 
classes for which Quarterly Options Series were opened; (2) an 
assessment of the appropriateness of the option classes selected for 
the Pilot Program; (3) an assessment of the impact of the Pilot 
Program on the capacity of the Exchange, OPRA, and market data 
vendors (to the extent data from market data vendors is available); 
(4) any capacity problems or other problems that arose during the 
operation of the Pilot Program and how the Exchange addressed such 
problems; (5) any complaints that the Exchange received during the 
operation of the Pilot Program and how the Exchange addressed them; 
and (6) any additional information that would assist in assessing 
the operation of the Pilot Program. The report must be submitted to 
the Commission at least sixty (60) days prior to the expiration date 
of the Pilot Program. See Form 19b-4 for File No. SR-PCX-2005-32, 
filed March 16, 2005.
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    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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File No. SR-NYSEArca-2007-70 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-2007-70. 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 Commissions 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, 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-2007-70 and should 
be submitted on or before August 20, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\14 \
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14604 Filed 7-27-07; 8:45 am]

BILLING CODE 8010-01-P
