Federal Register / Vol. 72, No.
13 / Monday, January 22, 2007 / Notices
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at http://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRC-
Licensed Nuclear Facilities;’’
5. Notification Letter dated September
6, 2006 (ML062850444);
6. Amendment Request Letter with
Final Status Report (ML063210371).
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
rmajette on PROD1PC67 with NOTICES
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001
2717
reproduction contractor will copy
documents for a fee.
Dated at King of Prussia, Pennsylvania this
12th day of January, 2007.
For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E7–793 Filed 1–19–07; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Generalized System of Preferences
(GSP): Accession of Bulgaria and
Romania to the European Union (EU)
and Loss of GSP Eligibility
AGENCY: Office of the United States
Trade Representative (USTR).
ACTION: Notice.
SUMMARY: As a result of becoming EU
Member States on January 1, 2007,
Bulgaria and Romania are no longer
designated as beneficiary developing
countries under the U.S. GSP program,
effective as of that date.
FOR FURTHER INFORMATION CONTACT: GSP
Subcommittee, Office of the United
States Trade Representative, USTR
Annex, 1724 F Street, NW., Room F220,
Washington, DC 20508. The telephone
number is 202–395–6971.
SUPPLEMENTARY INFORMATION: The GSP
program is authorized pursuant to title
V of the Trade Act of 1974, as amended
(‘‘the Trade Act’’) (19 U.S.C. 2461 et
seq.). The GSP program grants duty-free
treatment to designated eligible articles
that are imported from designated
beneficiary developing countries.
Countries that may not be designated as
beneficiary countries for purposes of the
GSP include, among others, EU Member
States (19 U.S.C. 2462(b)). In
Proclamation 8098 (December 29, 2006),
the President, pursuant to section
502(b)(1)(C) of the Trade Act of 1974, as
amended (19 U.S.C. 2462(b)(1)(C)),
announced that ‘‘Bulgaria and Romania
shall no longer be designated as
beneficiary developing countries for
GSP upon the date that each country
becomes a European Union Member
State. The United States Trade
Representative shall announce each
such date in a notice published in the
Federal Register.’’ The United States
Trade Representative hereby announces
that January 1, 2007, was the date on
which Bulgaria and Romania became
EU Member States and are no longer
PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM
beneficiary developing countries for
GSP.
Susan C. Schwab,
United States Trade Representative.
[FR Doc. E7–809 Filed 1–19–07; 8:45 am]
BILLING CODE 3190–W7–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55085; File No. SR–
NYSEArca–2006–37]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of
Proposed Rule Change as Modified by
Amendment No. 1 Thereto To Trade
the StreetTRACKS Dow Jones Global
Titans Index Fund Pursuant to Unlisted
Trading Privileges
January 11, 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 October
18, 2006, 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
substantially prepared by the Exchange.
On January 4, 2007, the Exchange
amended the proposed rule change
(‘‘Amendment No. 1’’).3 This order
provides notice of the proposed rule
change, as modified by Amendment No.
1, and approves the proposed rule
change as amended on an accelerated
basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange, through its wholly
owned subsidiary NYSE Arca Equities,
Inc. (‘‘NYSE Arca Equities’’) proposes to
trade shares (‘‘Shares’’) of the
streetTRACKS Dow Jones Global
Titans Index Fund (Symbol: DGT)
(‘‘Fund’’) pursuant to unlisted trading
privileges (‘‘UTP’’) based on NYSE Arca
Equities Rule 5.2(j)(3).
The text of the proposed rule change
is available on the Exchange’s Web site
(http://www.nysearca.com), at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 In Amendment No. 1 the Exchange provided
additional information relating to the dissemination
of the index value and the estimates of the value
of the fund shares.
22JAN1
 2718 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
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 Exchange is proposing to trade
Shares of the Fund pursuant to UTP.
The Fund is comprised of 50 common
stocks, which are chosen by Dow Jones
based on a multi-factor methodology.
The Fund invests in foreign securities,
including non-U.S.-dollar-denominated
securities traded outside the United
States and dollar-denominated
securities of foreign issuers traded in the
United States. The Fund’s investment
objective is to replicate as closely as
possible, before expenses, the
performance of the Dow Jones Global
Titans Index (‘‘Index’’), using an
indexing investment approach. The net
asset value (‘‘NAV’’) for the Fund is
calculated by the Fund’s custodian,
State Street Global Advisors. After
calculation, such NAV is disseminated
by the American Stock Exchange LLC
(‘‘Amex’’) and is available to the public
through the Fund’s distributor, State
Street Capital Markets, LLC. The NAV is
also available to National Securities
Clearing Corporation (‘‘NSCC’’)
participants through data made
available from NSCC. The NAV of the
Fund is determined each business day,
normally at the close of regular trading
of the New York Stock Exchange
(‘‘NYSE’’).
The Commission previously approved
the original listing and trading of the
Shares on Amex.4 The Exchange deems
the Shares to be equity securities, thus
rendering trading in the Shares subject
to the Exchange’s existing rules
governing the trading of equity
securities. The trading hours for the
rmajette on PROD1PC67 with NOTICES
Shares on the Exchange are the same as
those set forth in NYSE Arca Equities
4 See Securities Exchange Act Release No. 43338
(September 25, 2000), 65 FR 59235 (October 4,
2000) (SR–Amex–00–53).
VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001
Rule 7.34, except that the Shares will
not trade during the Opening Session (4
a.m. to 9:30 a.m. Eastern Time) unless
the Indicative Optimized Portfolio
Value (‘‘IOPV’’) is calculated and
disseminated during that time.
Quotations for and last sale
information regarding the Shares are
disseminated through the Consolidated
Quotation System. The value of the
Index is updated intra-day on a real-
time basis as individual component
securities of the Index change in price.
The intra-day value of the Index is
disseminated every 15 seconds
throughout Amex’s trading day. In
addition, a value for the Index is
disseminated once each trading day,
based on closing prices in the relevant
exchange market.
To provide updated information
relating to the Shares for use by
investors, professionals, and persons
wishing to create or redeem them, Amex
disseminates through the facilities of the
Consolidated Tape Association (‘‘CTA’’)
the IOPV for the Fund as calculated by
a securities information provider. The
IOPV is disseminated on a per-share
basis every 15 seconds during regular
Amex trading hours of 9:30 a.m. to 4
p.m. or 4:15 p.m. Eastern Time
depending on the time Amex specifies
for the trading of the Shares.
The Fund includes companies trading
in markets with trading hours
overlapping Amex’s regular trading
hours. During the overlap period, an
IOPV calculator updates an IOPV every
15 seconds to reflect price changes in
the principal foreign markets, and
converts such prices into U.S. dollars
based on the currency exchange rates.
When the foreign market or markets are
closed but Amex is open for trading, the
IOPV is updated every 15 seconds to
reflect changes in currency exchange
rates.
The IOPV may not reflect the value of
all securities included in the Index. In
addition, the IOPV does not necessarily
reflect the precise composition of the
current portfolio of securities held by
the Fund at a particular point in time.
Therefore, the IOPV on a per-share basis
disseminated during the NYSE’s regular
trading hours should not be viewed as
a real time update of the NAV of the
Fund, which is calculated only once a
day. The IOPV is intended to closely
approximate the value per share of the
portfolio of securities for the Fund and
provide for a close proxy of the NAV at
a greater frequency for investors.
The Commission has granted the
Fund an exemption from certain
prospectus delivery requirements under
Section 24(d) of the Investment
PO 00000 Frm 00072 Fmt 4703 Sfmt 4703
Company Act of 1940 (‘‘1940 Act.’’) 5
Any product description used in
reliance on the Section 24(d) exemptive
order will comply with all
representations made and all conditions
contained in the Fund’s application for
orders under the 1940 Act.6
In connection with the trading of the
Shares, the Exchange would inform ETP
Holders in an Information Circular of
the special characteristics and risks
associated with trading the Shares,
including how they are created and
redeemed, the prospectus or product
description delivery requirements
applicable to the Shares, applicable
Exchange rules, how information about
the value of the underlying Index is
disseminated, and trading information.
In addition, before an ETP Holder
recommends a transaction in the Shares,
the ETP Holder must determine that the
Shares are suitable for the customer as
required by NYSE Arca Equities Rule
9.2(a)–(b).
The Exchange intends to utilize its
existing surveillance procedures
applicable to derivative products to
monitor trading in the Shares. The
Exchange represents that these
procedures are adequate to monitor
Exchange trading of the Shares.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act 7 in general and Section
6(b)(5) of the Act 8 in particular in that
it is designed to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, to remove
impediments and perfect the
mechanisms of a free and open market,
and to protect investors and the public
interest. In addition, the Exchange
believes that the proposal is consistent
with Rule 12f–5 under the Act 9 because
it deems the Shares to be equity
securities, thus rendering trading in the
Shares subject to the Exchange’s
existing rules governing the trading of
equity securities.
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.
5 15 U.S.C. 80a–24(d).
6 See Investment Company Act Release No. 25738
(October 11, 2002).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
9 17 CFR 240.12f–5.
E:\FR\FM\22JAN1.SGM 22JAN1
 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments on the proposed
rule change were neither solicited nor
received.
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 rule-
comments@sec.gov. Please include File
Number SR–NYSEArca–2006–37 on the the Shares.
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–2006–37. This
file number should be included on the
subject line if e-mail is used. To help the that an exchange shall not extend UTP
Commission process and review your
comments more efficiently, please use
only one method. The Commission will transactions in the class or type of
post all comments on the Commission’s security to which the exchange extends
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 the Exchange. All generally prohibits a broker-dealer from trading a
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
rmajette on PROD1PC67 with NOTICES
you wish to make available publicly. All allows its members to trade the security as if it were
submissions should refer to File
Number SR–NYSEArca–2006–37 and
should be submitted on or before
February 12, 2007.
VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001
IV. Commission’s Findings and Order
Granting Accelerated Approval of the
Proposed Rule Change
After careful review, the Commission
finds that the proposed rule change, as
amended, is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.10 In
particular, the Commission finds that
the proposed rule change is consistent
with Section 6(b)(5) of the Act,11 which
requires that an exchange have rules
designed, among other things, to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and in general to protect
investors and the public interest. The
Commission believes that this proposal
should benefit investors by increasing
competition among markets that trade
In addition, the Commission finds
that the proposal is consistent with
Section 12(f) of the Act,12 which permits
an exchange to trade, pursuant to UTP,
a security that is listed and registered on
another exchange.13 The Commission
notes that it previously approved the
listing and trading of the Shares on
Amex.14 The Commission also finds that
the proposal is consistent with Rule
12f–5 under the Act,15 which provides
to a security unless the exchange has in
effect a rule or rules providing for
UTP. The Exchange has represented that
it meets this requirement because it
deems the Shares to be equity securities,
thus rendering trading in the Shares
subject to the Exchange’s existing rules
governing the trading of equity
securities.
The Commission further believes that
the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act,16 which sets
forth Congress’ finding that it is in the
10 In approving this rule change, the Commission
notes that it has considered the proposal’s impact
on efficiency, competition, and capital formation.
See 15 U.S.C. 78c(f).
11 15 U.S.C. 78f(b)(5).
12 15 U.S.C. 78l(f).
13 Section 12(a) of the Act, 15 U.S.C. 78l(a),
security on a national securities exchange unless
the security is registered on that exchange pursuant
to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any
security to which an exchange ‘‘extends UTP.’’
When an exchange extends UTP to a security, it
listed and registered on the exchange even though
it is not so listed and registered.
14 See supra note 4.
15 17 CFR 240.12f–5.
16 15 U.S.C. 78k–1(a)(1)(C)(iii).
PO 00000 Frm 00073 Fmt 4703 Sfmt 4703
2719
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers, and investors of information
with respect to quotations for and
transactions in securities. Quotations for
and last sale information regarding the
Shares are disseminated through the
Consolidated Quotation System.
Furthermore, an IOPV calculator
updates the IOPV every 15 seconds to
reflect price changes in the principal
foreign markets and converts such
prices into U.S. dollars based on the
current currency exchange rate. When
the foreign market or markets are closed
but Amex is open for trading, the IOPV
is updated every 15 seconds to reflect
changes in currency exchange rates.
NYSE Arca Equities Rule 7.34 describes
the situations when the Exchange would
halt trading when the IOPV or the value
of the Index underlying one of the
Funds is not calculated or widely
available.
The Commission notes that, if the
Shares should be delisted by Amex, the
original listing exchange, the Exchange
would no longer have authority to trade
the Shares pursuant to this order.
In support of this proposal, the
Exchange has made the following
representations:
1. The Exchange’s surveillance
procedures are adequate to monitor the
trading of the Shares.
2. In connection with the trading of
the Shares, the Exchange would inform
ETP Holders in an Information Circular
of the special characteristics and risks
associated with trading the Shares.
3. The Information Circular would
inform participants of the prospectus or
product delivery requirements
applicable to the Shares.
This approval order is conditioned on
the Exchange’s adherence to these
representations.
The Commission finds good cause for
approving this proposal before the
thirtieth day after the publication of
notice thereof in the Federal Register.
As noted previously, the Commission
previously found that the listing and
trading of the Shares on Amex is
consistent with the Act.17 The
Commission presently is not aware of
any regulatory issue that should cause it
to revisit that earlier finding or preclude
the trading of the Shares on the
Exchange pursuant to UTP. Therefore,
accelerating approval of this proposal
should benefit investors by creating,
without undue delay, additional
17 See supra note 4.
E:\FR\FM\22JAN1.SGM 22JAN1
 2720 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
competition in the market for the
Shares.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,18 that the
proposed rule change (SR–NYSEArca–
2006–37), as modified by Amendment
No. 1, be, and it hereby is, approved on
an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.19
Nancy M. Morris,
Secretary.
[FR Doc. E7–756 Filed 1–19–07; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55099; File No. SR–
NYSEArca–2006–91]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Exchange
Fees and Charges
January 12, 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 December
22, 2006, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by the Exchange.
NYSE Arca has designated this proposal
as one establishing or changing a due,
fee, or other charge imposed by NYSE
Arca under Section 19(b)(3)(A)(ii) of the
Act 3 and Rule 19b–4(f)(2) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
NYSE Arca is proposing to amend its
Schedule of Fees and Charges for
Exchange Services (‘‘Schedule’’) in
order to revise certain Royalty Fees
assessed on options contracts traded on
certain Exchange Traded Funds
rmajette on PROD1PC67 with NOTICES
18 15 U.S.C. 78s(b)(2).
19 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001
(‘‘ETFs’’), and to revise the Marketing
Charge related to Market Maker
transactions.
Below is the text of the proposed rule
change. Proposed new language is in
italics; deleted language is in [brackets].
NYSE Arca Options: Trade-Related
Charges
* * * * * NYSE Arca is proposing to amend its
Marketing Charge
For Nasdaq-100 Tracking Stock
Options (QQQQ) $0.95 per contract side
on all Market Maker transactions
(excluding Market Maker to Market
Maker transactions) and for Standard
and Poor’s Depository Receipts (SPY)
$1.00 per contract side on all Market
Maker transactions (excluding Market
Maker to Market Maker transactions).
For all other NYSE Arca Equity
Options: [$0.45] $0.65 per contract side
on transactions of Lead Market Makers
and Market Makers against all public
customer orders.
Royalty Fees 9
[For] Nasdaq Fidelity Composite
Index ETF (ONEQ): $0.12[per contract
side]
Financial Select Sector SPRD
(XLF) ......................................... $0.10 5 assessing a $0.10 per contract Royalty
Technology Select Sector SPDR
(XLK) ........................................
Healthcare Select Sector SPDR
(XLV) ........................................
Russell 2000 Index (RUT) ...........
5 The Exchange inadvertently failed to des-
ignate the phrase ‘‘.10’’ in this line as pro-
posed new text. For clarity, the new text has Fee on options traded on the Russell
been underlined herein.
Royalty Fees will be assessed on a per- begin assessing these fees on
contract basis for firm, broker/dealer,
and Market Maker transactions. [For
IWB, IWD, IWM, IWN, IWO, IWR: $0.10 Marketing Fees
per contract for firm, broker/dealer, and
Market Maker transactions.]
* * * * * Marketing Fee on all transactions
9[This] These fees will not be assessed on
the customer side of transactions. Please refer
to ‘‘Limit of Fees on Options Strategy
Executions’’ section of this schedule for
information regarding [r]Royalty [f]Fees
associated with Options Strategy Executions
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 same. The increased Marketing Fee will
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 substantially prepared
summaries, set forth in Sections A, B,
PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM
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
Schedule in order to make the following
changes to certain fees and charges that
are assessed to OTP Holders and OTP
Firms. The Exchange also proposes
making minor technical changes to the
Schedule at this time.
Royalty Fees
The Exchange proposes to eliminate
the $0.10 per contract Royalty Fee on
options traded on the following ETFs:
the Russell 1000 Index Fund (IWB); the
Russell 1000 Value Index Fund (IWD);
the Russell 2000 Index Fund (IWM); the
Russell 2000 Value Index Fund (IWN);
the Russell 2000 Growth Fund (IWO);
and the Russell Midcap Index fund
(IWR). As of January 1, 2007, the
Exchange will no longer assess the $0.10
per contract on any transactions
involving the aforementioned ETFs.
The Exchange proposes to begin
Fee on options traded on the following
0.10 ETFs: the Financial Select Sector SPDR
(XLF); the Technology Select Sector
0.10 SPDR (XLK); and the Healthcare Select
0.15 Sector SPRD (XLV). The Exchange also
proposes a $0.15 per contract Royalty
2000 Index (RUT). The Exchange will
transactions in the aforementioned ETFs
as of January 1, 2007.
The Exchange presently assesses
Market Makers 6 a per contract
involving public customer orders. For
orders in the NASDAQ–100 Tracking
Stock (QQQQ), the Exchange charges
Market Makers $0.95 per contract; in the
Standard and Poor’s Depository
Receipts (SPY), the Exchange charges
$1.00 per contract. In all other issues,
the Exchange charges Market Makers
$0.45 per contract. The Exchange now
proposes to amend the fee it charges on
non-QQQQ and non-SPY transactions to
$0.65 cents per contract. The fee on
QQQQ and SPY orders will remain the
be used to attract additional order flow
to the Exchange, thereby allowing NYSE
Arca to remain competitive with other
6 Market Maker, as defined in NYSE Arca Rule
6.1(b)(29) and NYSE Arca Rule 6.1A(a)(4).
22JAN1