

[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Notices]               
[Page 73393-73394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de07-107]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56975; File No. SR-NYSEArca-2007-87]

 
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a 
Proposed Rule Change, as Modified by Amendment No. 2 Thereto, To Amend 
Listing Fees for Structured Products

December 17, 2007.
    On August 16, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') 
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 proposed rule change to 
amend its Schedule of Fees and Charges (``Fee Schedule'') to revise the 
listing fees applicable to Structured Products \3\ listed on NYSE Arca, 
LLC (``NYSE Arca Marketplace''), the equities facility of NYSE Arca 
Equities, Inc. (``NYSE Arca Equities''). The proposed revisions would 
apply retroactively as of October 3, 2007. On October 30, 2007, the 
Exchange filed Amendment No. 1 to the proposed rule change. On November 
7, 2007, the Exchange filed Amendment No. 2 to the proposed rule 
change.\4\ The proposed rule change and Amendment Nos. 1 and 2 thereto 
was published for comment in the Federal Register on November 15, 
2007.\5\ No comments regarding the proposed rule change have been 
received. This order approves the proposed rule change, as modified by 
Amendment No. 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ For purposes of this proposal, Structured Products include 
securities qualified for listing and trading on NYSE Arca under the 
following NYSE Arca Equities Rules: Rule 5.2(j)(1) (Other 
Securities), 5.2(j)(2) (Equity Linked Notes), Rule 5.2(j)(4) (Index-
Linked Exchangeable Notes), Rule 5.2(j)(6) (Equity Index-Linked 
Securities, Commodity-Linked Securities and Currency-Linked 
Securities) and Rule 8.3 (Currency and Index Warrants), as these 
rules may be amended from time to time.
    \4\ Amendment No. 2 replaced and superseded Amendment No. 1 in 
its entirety.
    \5\ Securities Exchange Act Release No. 56767 (November 7, 
2007), 72 FR 64265 (``Notice'').
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    NYSE Arca proposes to revise its schedules for listing and annual 
fees for Structured Products to harmonize its fees with those of the 
New York Stock Exchange LLC (``NYSE'').\6\ The fees for each Structured 
Product would depend on the number of shares outstanding for such 
product.\7\ The proposed rule change also clarifies the types of 
products defined as ``Structured Products.'' The proposed revisions 
would apply retroactively as of October 3, 2007.
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    \6\ See Securities Exchange Act Release No. 56842 (November 27, 
2007), 72 FR 67990 (December 3, 2007) (approving retroactively as of 
October 3, 2007 identical listing and annual fees for structured 
products listed on the NYSE).
    \7\ For a detailed description of the revised fees, see Notice, 
supra at note 5.
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    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.\8\ In 
particular, the Commission believes that the proposal is consistent 
with section 6(b)(4) of the Act,\9\ which requires, among other things, 
that the rules of a national securities exchange be designed to provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its members and issuers and other persons using its 
facilities. The Commission notes that no comments have been received 
regarding the proposed rule change, and that the proposed fees are 
similar to those it approved for other national securities 
exchanges.\10\
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    \8\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ See supra at note 6.
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    IT IS THEREFORE ORDERED, pursuant to section 19(b)(2) of the 
Act,\11\ that the proposed rule change (File No.

[[Page 73394]]

SR-NYSEArca-2007-87), as modified by Amendment No. 2 thereto, be, and 
hereby is, approved.
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    \11\ 15 U.S.C. 78s(b)(2).

    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. E7-24986 Filed 12-26-07; 8:45 am]

BILLING CODE 8011-01-P
