[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Notices]
[Pages 44757-44758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12701]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54230; File No. SR-NYSEArca-2006-41]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change To
Extend the Linkage Fee Pilot Program
July 27, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 7, 2006, the 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 have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and is approving the
proposal on an accelerated basis for a pilot period through July 31,
2007.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The NYSE Arca is proposing to amend the NYSE Arca Options, Trade-
Related Charges section of the Schedule of Fees and Charges
(``Schedule'') in order to extend until July 31, 2007, the current
pilot program regarding transaction fees charged for trades executed
through the intermarket options linkage plan (``Linkage''). The text of
the proposed rule change is available on the NYSE Arca's Web site at
(http://www.archipelago.com), at the Exchange's Office of the
Secretary, 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 III 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
The purpose of this proposed rule change is to extend for one year
the pilot program establishing NYSE Arca fees for Principal (``P'')
Orders and Principal Acting as Agent (``P/A'') Orders executed through
Linkage. The fees currently are effective for a pilot program set to
expire on July 31, 2006, and this filing would extend the fees through
July 31, 2007. Executions on NYSE Arca resulting from Linkage orders
are subject to the same billing treatment as other broker-dealer
(``BD'') executions. The present execution fee is $0.26, which is
comprised of a $0.21 transaction fee and a $0.05 per contract
comparison fee. These are the same fees that all NYSE Arca Option
Trading Permit Holders pay for non-customer transactions executed on
the Exchange. The Exchange does not charge for the execution of
Satisfaction Orders sent through Linkage and is not proposing to charge
for such orders.
BD orders that are entered and executed electronically on NYSE Arca
are presently subject to a $0.25 BD surcharge. Linkage orders that are
electronically executed on the Exchange are subject to the same billing
treatment as other BD transactions. The Exchange recently filed
NYSEArca-2006-20,\3\ which proposes a change to the Schedule to reflect
that the $0.25 BD surcharge will also be applied to Linkage orders
submitted and executed electronically on the Exchange. The extension of
the existing Linkage fee pilot program proposed with this filing does
not reflect the changes proposed to the Schedule pursuant to NYSEArca-
2006-20.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 54130 (July 11,
2006) 71 FR 41305 (July 20, 2006).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\4\ in general, and Section 6(b)(4) of the Act,\5\ in
particular, in that the proposed rule change provides for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes that the proposed rule change does not 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 comments on the
proposed rule change.
III. 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 [email protected]. Please include
File Number SR-NYSEArca-2006-41 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission,
[[Page 44758]]
Station Place, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2006-41. 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 the
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-2006-41 and should be submitted on or before
August 28, 2006.
IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change
After careful consideration, 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,\6\ and, in particular, the requirements of Section 6(b) of
the Act \7\ and the rules and regulations thereunder. The Commission
finds that the proposed rule change is consistent with Section 6(b)(4)
of the Act,\8\ which requires that the rules of the Exchange provide
for the equitable allocation of reasonable dues, fees and other charges
among its members and other persons using its facilities. The
Commission believes that the extension of the Linkage fee pilot until
July 31, 2007 will give the Exchange and the Commission further
opportunity to evaluate whether such fees are appropriate.
---------------------------------------------------------------------------
\6\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\9\ for approving the proposed rule change prior to the
thirtieth day after publication of notice thereof in the Federal
Register. The Commission believes that granting accelerated approval of
the proposed rule change will preserve the Exchange's existing pilot
program for Linkage fees without interruption as the Exchange and the
Commission further consider the appropriateness of Linkage fees.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-NYSEArca-2006-41) is hereby
approved on an accelerated basis for a pilot period to expire on July
31, 2007.
---------------------------------------------------------------------------
\10\ Id.
\11\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
Nancy M. Morris,
Secretary.
[FR Doc. E6-12701 Filed 8-4-06; 8:45 am]
BILLING CODE 8010-01-P