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46252 Federal Register / Vol. 70, No.

152 / Tuesday, August 9, 2005 / Notices

quarters. Also, the closing prices of the to ensure that a minimum level of are substantially identical in structure to
Fund’s Deposit Securities are available liquidity will exist at the start of other iShares Funds based on foreign
from, as applicable, the relevant trading.48 stock indexes, including the iShares
exchanges, automated quotation MSCI EAFE Index Fund, which have an
E. Surveillance
systems, published or other public established and active trading history on
sources in the relevant country, or on- The Commission finds that NYSE’s the NYSE and other exchanges. The
line information services such as surveillance procedures are reasonably Commission does not believe that the
Bloomberg or Reuters. The exchange designed to monitor the trading of the proposed rule change, as amended,
rate information required to convert proposed iShares, including concerns raises novel regulatory issues.
such information into U.S. dollars is with specialists purchasing and Consequently, the Commission believes
also readily available in newspapers and redeeming Creation Units. The NYSE that it is appropriate to permit investors
other publications and from a variety of represents that its surveillance to benefit from the flexibility afforded
on-line services. procedures applicable to trading in the by trading these products as soon as
Based on the representations made in proposed iShares are comparable to possible.
the NYSE proposal, the Commission those applicable to other ICUs currently Accordingly, the Commission finds
believes that pricing and other trading on the Exchange. The Exchange that there is good cause, consistent with
important information about the Fund is also represents that its surveillance Section 6(b)(5) of the Act,51 to approve
adequate and consistent with the Act. procedures are adequate to properly the proposal on an accelerated basis.
monitor the trading of the Funds. The
D. Listing and Trading Exchange is also able to obtain V. Conclusion
The Commission finds that adequate information regarding trading in both It is therefore ordered, pursuant to
rules and procedures exist to govern the the Fund shares and the Component Section 19(b)(2) of the Act, that the
listing and trading of the Fund’s shares. Securities by its members on any proposed rule change (SR–NYSE–2005–
Fund shares will be deemed equity relevant market; in addition, the 41), is hereby approved on an
securities subject to NYSE rules Exchange may obtain trading accelerated basis.52
governing the trading of equity information via the Intermarket For the Commission, by the Division of
securities, including, among others, Surveillance Group (‘‘ISG’’) from other Market Regulation, pursuant to delegated
rules governing trading halts,46 exchanges who are members or affiliates authority.53
responsibilities of the specialist, of the ISG. Jill M. Peterson,
account opening and customer As stated, when a broker-dealer, or a Assistant Secretary.
suitability requirements,47 and the broker-dealer’s affiliate such as MSCI, is
[FR Doc. E5–4274 Filed 8–8–05; 8:45 am]
election of stop and stop limit orders. involved in the development and
BILLING CODE 8010–01–P
In addition, the Exchange states that maintenance of a stock index upon
iShares are subject to the criteria for which a product such as iShares is
initial and continued listing of ICUs in based, the broker-dealer or its affiliate SECURITIES AND EXCHANGE
Section 703.16 of the NYSE Manual. should have procedures designed COMMISSION
The Commission believes that the specifically to address the improper
listing and delisting criteria for Fund sharing of information. The Commission [Release No. 34–52188; File No. SR–NYSE–
shares should help to ensure that a notes that MSCI has implemented 2005–53]
minimum level of liquidity will exist in procedures to prevent the misuse of
Self-Regulatory Organizations; New
the Fund to allow for the maintenance material, non-public information
York Stock Exchange, Inc.; Notice of
of fair and orderly markets. regarding changes to component stocks
Filing and Immediate Effectiveness of
Accordingly, the Commission believes in the MSCI EAFE Value and Growth
Proposed Rule Change To Extend for
that the rules governing the trading of Indices. The Commission believes that
Additional Six Months the Pilot
Fund shares provide adequate the information barrier procedures put
Program Permitting a Floor Broker To
safeguards to prevent manipulative acts in place by MSCI address the
Use an Exchange Authorized and
and practices and to protect investors unauthorized transfer and misuse of
Provided Portable Telephone on the
and the public interest. material, non-public information.
As noted above, the NYSE expects to Exchange Floor
require that a minimum of one Creation F. Accelerated Approval
August 1, 2005.
Units (400,000 iShares) will be required The Commission finds good cause, Pursuant to Section 19(b)(1) of the
to be outstanding at the start of trading. pursuant to Section 19(b)(2) of the Securities Exchange Act of 1934 (‘‘the
The Commission believes that this Act,49 for approving the proposed rule Act’’),1 and Rule 19b–4 thereunder,2
minimum number is sufficient to help change, as amended, prior to the notice is hereby given that on July 22,
thirtieth day after the date of 2005, the New York Stock Exchange,
46 In order to halt the trading of the Fund, the publication of notice in the Federal Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with
Exchange may consider, among others, factors Register. The Commission notes that the
including: (i) The extent to which trading is not the Securities and Exchange
occurring in stocks underlying the index; or (ii)
proposal is consistent with the listing Commission (‘‘Commission’’) the
whether other unusual conditions or circumstances and trading standards in NYSE Rule proposed rule change as described in
detrimental to the maintenance of a fair and orderly 703.16 (ICUs), and the Commission has
market are present. In addition, trading in Fund previously approved similar products 2001), 66 FR 56869 (November 13, 2001) (SR–
shares is subject to trading halts caused by
extraordinary market volatility pursuant to NYSE
based on foreign indices.50 The Funds Amex–2001–45); 42748 (May 2, 2000), 65 FR 30155
(May 10, 2000) (SR–Amex–98–49); and 36947
Rule 80B.
47 Prior to commencement of trading, the 48 This minimum number of shares required to be (March 8, 1996), 61 FR 10606 (March 14, 1996) (SR–
outstanding at the start of trading is comparable to Amex–95–43).
Exchange states that it will issue an Information 51 15 U.S.C. 78s(b)(5).
Memo informing members and member requirements that have been applied to previously
52 15 U.S.C. 78s(b)(2).
organizations of the characteristics of the Fund and listed series of ICUs.
49 15 U.S.C. 78s(b)(2). 53 17 CFR 200.30–3(a)(12).
of applicable Exchange rules, as well as of the
1 15 U.S.C. 78s(b)(1).
requirements of NYSE Rule 405 (Diligence as to 50 See supra note 35. See also, e.g., Securities

Accounts). Exchange Act Release Nos. 44990 (October 25, 2 17 CFR 240.19b–4.

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Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices 46253

Items I and II below, which Items have the Exchange has filed a proposed rule issued by the Exchange would continue
been prepared by the Exchange. The change to permanently approve the to be prohibited.
Commission is publishing this notice to Pilot.7 The Exchange represents that no Furthermore, both incoming and
solicit comments on the proposed rule regulatory actions or administrative or outgoing calls would continue to be
change from interested persons. technical problems, other than routine allowed, provided the requirements of
telephone maintenance issues, have all other Exchange rules have been met.
I. Self-Regulatory Organization’s Under NYSE Rule 123(e), a broker
resulted from the Pilot over the past few
Statement of the Terms of Substance of would not be permitted to represent and
months.8 Therefore, the Exchange seeks
the Proposed Rule Change execute any order received as a result of
to extend the Pilot for an additional six
The Exchange seeks to extend its pilot months, until January 31, 2006. such voice communication unless the
program that amends NYSE Rule 36 NYSE Rule 36 governs the order was first properly recorded by the
(Communication Between Exchange and establishment of telephone or electronic member and entered into the Exchange’s
Members’ Offices) to allow a Floor communications between the Front End Systemic Capture (‘‘FESC’’)
broker’s use of an Exchange authorized Exchange’s Trading Floor and any other electronic database.9 In addition,
and provided portable telephone on the location. Prior to the Pilot, NYSE Rule Exchange rules require that any Floor
Exchange Floor upon approval by the 36.20 prohibited the use of portable broker receiving orders from the public
Exchange (‘‘Pilot’’) for an additional six telephone communications between the over portable phones must be properly
months, until January 31, 2006. The last Trading Floor and any off-Floor qualified to engage in such direct access
extension of the Pilot was in effect on location, and the only way that voice business under NYSE Rules 342 and
a four-month pilot basis expiring on July communication could be conducted by 345, among others.10
31, 2005.3 The text of the proposed rule Floor brokers between the Trading Floor Furthermore, orders in Investment
change is available on the Exchange’s and an off-Floor location was by means Company Units (as defined in Section
Web site (http://www.nyse.com), at the of a telephone located at a broker’s 703.16 of Listed Company Manual), also
Exchange’s principal office, and at the booth. These communications often known as Exchange-Traded Funds
Commission’s Public Reference Room. involved a customer calling a broker at (‘‘ETFs’’), would also be subject to the
the booth for ‘‘market look’’ same FESC requirements as orders in
II. Self-Regulatory Organization’s any other security listed on the
information. Prior to the Pilot, a broker
Statement of the Purpose of, and Exchange.11 As a result, the Pilot would
could not use a portable phone at the
Statutory Basis for, the Proposed Rule continue to allow for the use of portable
point of sale in the trading crowd to
Change speak with a person located off the phones for orders in ETFs.
In its filing with the Commission, the Floor. In addition, NYSE Rule 36.20, both
Exchange included statements The Exchange proposes to extend the prior to the Pilot, and as proposed to be
concerning the purpose of, and basis for, Pilot for an additional six months, amended, would not apply to specialists
the proposed rule change and discussed expiring on January 31, 2006. The Pilot who are prohibited from speaking from
any comments it received on the would amend NYSE Rule 36 to permit the post to upstairs trading desks or
proposed rule change. The text of these a Floor broker to use an Exchange customers. The Exchange notes that
statements may be examined at the authorized and issued portable specialists are subject to separate
places specified in Item IV below. The telephone on the Floor. Thus, with the restrictions in NYSE Rule 36 on their
Exchange has prepared summaries, set approval of the Exchange, a Floor broker ability to engage in voice
forth in Sections A, B, and C below, of would be permitted to engage in direct communications from the specialist post
the most significant aspects of such voice communication from the point of to an off-Floor location.12
statements. sale to an off-Floor location, such as a The Exchange believes that an
member firm’s trading desk or the office extension of the Pilot for an additional
A. Self-Regulatory Organization’s of one of the broker’s customers. Such
Statement of the Purpose of, and communications would permit the 9 See Securities Exchange Act Release No. 43689

Statutory Basis for, the Proposed Rule broker to accept orders consistent with (December 7, 2000), 65 FR 79145 (December 18,
Change 2000) (SR–NYSE–98–25). See also Securities
Exchange rules, provide status and oral Exchange Act Release No. 44943 (October 16, 2001),
1. Purpose execution reports as to orders 66 FR 53820 (October 24, 2001) (SR–NYSE–2001–
previously received, as well as ‘‘market 39) (discussing certain exceptions to FESC, such as
The Commission originally approved orders to offset an error or a bona fide arbitrage,
the Pilot to be implemented as a six- look’’ observations as have historically which may be entered within 60 seconds after a
month pilot 4 beginning no later than been routinely transmitted from a trade is executed).
broker’s booth location. Use of a 10 See Information Memos 01–41 (November 21,
June 23, 2003.5 Since the inception of
portable telephone on the Exchange 2001), 01–18 (July 11, 2001) (available on http://
the Pilot, the Exchange has extended the www.nyse.com/regulation.html) and 91–25 (July 8,
Floor other than one authorized and
Pilot four times, with the current Pilot 1991) for more information regarding Exchange
expiring on July 31, 2005.6 In addition, requirements for conducting a public business on
49954 (July 1, 2004), 69 FR 41323 (July 8, 2004) the Exchange Floor.
(SR–NYSE–2004–30) (extending the Pilot for an 11 Previously, under an exception to NYSE Rule
3 See Securities Exchange Act Release No. 51464 additional five months ending on November 30, 123(e), orders in ETFs could first be executed and
(March 31, 2005), 70 FR 17746 (April 7, 2005) (SR– 2004); 50777 (December 1, 2004), 69 FR 71090 then entered into FESC. However, in SR–NYSE–
NYSE–2005–20). (December 8, 2004) (SR–NYSE–2004–67) (extending 2003–09, the Exchange eliminated the exception to
4 See Securities Exchange Act Release No. 47671 the Pilot for an additional four months ending NYSE Rule 123(e) for ETFs, and, as part of its
(April 11, 2003), 68 FR 19048 (April 17, 2003) (SR– March 31, 2005); and 51464, supra note 3. proposal in SR–NYSE–2002–11, allowed the use of
NYSE–2002–11) (‘‘Original Order’’). 7 See SR–NYSE–2004–52, pending with the
portable phones for orders in ETFs. See Securities
5 See Securities Exchange Act Release No. 47992 Commission. Exchange Act Release No. 47667 (April 11, 2003),
(June 5, 2003), 68 FR 35047 (June 11, 2003) (SR– 8 The Exchange notes that it has received 68 FR 19063 (April 17, 2003). NYSE Rule 123(e)
NYSE–2003–19) (delaying the implementation date incoming telephone records for the period of June provides that all orders in any security traded on
for portable phones from on or about May 1, 2003 5, 2005 through July 4, 2005, and will continue to the Exchange be entered into FESC before they can
to no later than June 23, 2003). receive monthly updates. Telephone conversation be represented in the Exchange’s auction market.
6 See Securities Exchange Act Release Nos. 48919 between Jeff Rosenstrock, Senior Special Counsel, 12 See Securities Exchange Act Release No. 46560

(December 12, 2003), 68 FR 70853 (December 19, NYSE, and Cyndi N. Rodriguez, Special Counsel, (September 26, 2002), 67 FR 62088 (October 3,
2003) (SR–NYSE–2003–38) (extending the Pilot for Division of Market Regulation, Commission, on July 2002) (SR–NYSE–00–31) (discussing restrictions on
an additional six months ending on June 16, 2004); 27, 2005. specialists’ communications from the post).

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46254 Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices

six months would enable the Exchange Pilot for an additional six months, filing period and 30-day operative
to provide more direct, efficient access expiring on January 31, 2006. period under Rule 19b–4(f)(6)(iii).18 The
to its trading crowds and customers, Exchange believes that the continuation
2. Statutory Basis
increase the speed of transmittal of of the Pilot is in the public interest as
orders and the execution of trades, and The Exchange believes that the it will avoid inconvenience and
provide an enhanced level of service to proposed rule change is consistent with interruption to the public. The
customers in an increasingly Section 6(b) of the Act 14 in general, and Commission has waived the five-day
competitive environment.13 By enabling further the objectives of Section 6(b)(5) pre-filing requirement for this proposed
customers to speak directly to a Floor of the Act 15 in particular, in that it is rule change. In addition, the
broker in a trading crowd on an designed to promote just and equitable Commission believes that it is
Exchange authorized and issued principles of trade, to remove consistent with the protection of
portable telephone, the Exchange impediments to and perfect the investors and the public interest to
believes that the proposed rule change mechanism of a free and open market waive the 30-day operative delay and
would expedite and make more direct and a national market system, and, in make this proposed rule change
the free flow of information which, prior general, to protect investors and the immediately effective upon filing on
to the Pilot, had to be transmitted public interest. The Exchange believes July 22, 2005.19 The Commission
somewhat more circuitously via the that the amendment to NYSE Rule 36 believes that the waiver of the 30-day
broker’s booth. would support the mechanism of free operative delay will allow the Exchange
Pilot Program Results. Since the and open markets by providing for to continue, without interruption, the
Pilot’s inception, the Exchange increased means by which existing operation of its Pilot until
represents that there have been communications to and from the Floor January 31, 2006.
approximately 800 portable phone of the Exchange could take place.
The Commission notes that proper
subscribers. In addition, with regard to B. Self-Regulatory Organization’s surveillance is an essential component
portable phone usage, for a sample week Statement on Burden on Competition of any telephone access policy to an
of June 20, 2005 through June 24, 2005,
The Exchange does not believe that Exchange Trading Floor. Surveillance
an average of 12,156 calls per day were
the proposed rule change will impose procedures should help to ensure that
originated from portable phones, and an
any burden on competition that is not Floor brokers who are interacting with
average of 5,624 calls per day were
necessary or appropriate in furtherance the public on portable phones are
received on portable phones. Of the
of the purposes of the Act. authorized to do so, as NYSE Rule 36
calls originated from portable phones,
requires,20 and that orders are being
an average of 8,816 calls per day were C. Self-Regulatory Organization’s
handled in compliance with NYSE
internal calls to the booth, and 3,340 Statement on Comments on the
Proposed Rule Change Received From rules. The Commission expects the
calls per day were external calls. Thus,
Members, Participants or Others Exchange to actively review these
approximately 73% of the calls
procedures and address any potential
originated from portable phones were The Exchange has neither solicited concerns that have arisen during the
internal calls to the booth. With regard nor received written comments on the extension of the Pilot. In this regard, the
to received calls, of the 5,624 average proposed rule change. Commission notes that the Exchange
calls per day received, an average of
III. Date of Effectiveness of the should address whether telephone
2,781 calls per day were external calls,
Proposed Rule Change and Timing for records, including incoming telephone
and an average of 2,843 calls per day
Commission Action records, are adequate for surveillance
were internal calls received from the
purposes.
booth. Thus, approximately 51% of all Because the foregoing proposed rule
received calls were internally generated, change does not: (i) Significantly affect The Commission also requests that
and 49% were calls from the outside. the protection of investors or the public the Exchange report any problems,
Therefore, the Exchange believes that interest; (ii) impose any significant surveillance, or enforcement matters
the Pilot appears to be successful in that burden on competition; and (iii) become associated with the Floor brokers’ use of
there is a reasonable degree of usage of operative for 30 days from the date on an Exchange authorized and provided
portable phones, but as noted above, which it was filed, or such shorter time portable telephone on the Floor. As
there have been no regulatory, as the Commission may designate if stated in the Original Order, the NYSE
administrative, or other technical consistent with the protection of should also address whether additional
problems identified with their usage. investors and the public interest, it has surveillance would be needed because
The Exchange believes that the Pilot become effective pursuant to Section of the derivative nature of the ETFs.
appears to facilitate communication on 19(b)(3)(A) of the Act 16 and Rule 19b– Furthermore, in any future additional
the Floor without any corresponding 4(f)(6) thereunder.17 At any time within filings on the Pilot, the Commission
drawbacks. Therefore, the Exchange 60 days of the filing of the proposed rule would expect that the NYSE submit
believes it is appropriate to extend the change, the Commission may summarily information documenting the usage of
abrogate such rule change if it appears the phones, any problems that have
13 See, e.g., Securities Exchange Act Release Nos. to the Commission that such action is occurred, including, among other
43493 (October 30, 2000), 65 FR 67022 (November necessary or appropriate in the public things, any regulatory actions or
8, 2000) (SR–CBOE–00–04) (expanding the Chicago interest, for the protection of investors,
Board Options Exchange, Inc.’s existing policy and
rules governing the use of telephones at equity or otherwise in furtherance of the 18 17 CFR 240.19b–4(f)(6)(iii).
option trading posts by allowing for the receipt of purposes of the Act. 19 For purposes only of waiving the 30-day
orders over outside telephone lines from any The Exchange requests that the operative delay of this proposal, the Commission
source, directly at equity trading posts) and 43836 Commission waive the five-day pre- has considered the proposed rule’s impact on
(January 11, 2001), 66 FR 6727 (January 22, 2001) efficiency, competition, and capital formation. 15
(SR–PCX–00–33) (discussing and approving the U.S.C. 78c(f).
14 15 U.S.C. 78f(b).
Pacific Exchange, Inc.’s proposal to remove current 20 See note 10 supra and accompanying text for
15 15 U.S.C. 78f(b)(5).
prohibitions against Floor brokers’ use of cellular or other NYSE requirements that Floor brokers be
16 15 U.S.C. 78s(b)(3)(A).
cordless phones to make calls to persons located off properly qualified before doing public customer
the trading floor). 17 17 CFR 240.19b–4(f)(6). business.

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Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices 46255

concerns, and any advantages or For the Commission, by the Division of trades at a price that matches the price
disadvantages that have resulted. Market Regulation, pursuant to delegated given by the trading crowd in response
authority.21 to the initial request for a market, and
IV. Solicitation of Comments Jill M. Peterson, 40% when the order trades at a price
Assistant Secretary. that improves upon that price. The
Interested persons are invited to
submit written data, views and [FR Doc. E5–4276 Filed 8–8–05; 8:45 am] proposed rule change would entitle the
arguments concerning the foregoing, BILLING CODE 8010–01–P Floor Broker to a 40% guarantee in both
cases. The proposed rule change would
including whether the proposed rule
also clarify that the corresponding
change is consistent with the Act. SECURITIES AND EXCHANGE guaranteed participation to which a
Comments may be submitted by any of COMMISSION specialist is entitled would continue to
the following methods: be a percentage that, combined with the
[Release No. 34–52187; File No. SR–Phlx–
Electronic Comments 2005–32] percentage that the Floor Broker
crossed, is no more than 40% of the
• Use the Commission’s Internet Self-Regulatory Organizations; original order. The text of amended
comment form (http://www.sec.gov/ Philadelphia Stock Exchange, Inc.; Exchange Rule 1064 is set forth below.
rules/sro.shtml); or Notice of Filing and Immediate Brackets indicate deletions; italics
• Send an e-mail to rule- Effectiveness of Proposed Rule indicate new text.
comments@sec.gov. Please include File Change Relating to Participation Crossing, Facilitation and Solicited
Number SR–NYSE–2005–53 on the Guarantees for Floor Brokers Orders
subject line. Representing Crossing and Facilitation
Orders Rule 1064. (a)–(d) No change.
Paper Comments Commentary:
August 1, 2005. .01 No change.
• Send paper comments in triplicate Pursuant to Section 19(b)(1) of the .02 Firm Participation Guarantees.
to Jonathan G. Katz, Secretary, Securities Exchange Act of 1934 (i)–(ii) No change.
Securities and Exchange Commission, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (iii) The percentage of the order
450 Fifth Street, NW., Washington, DC notice is hereby given that on July 22, which a Floor Broker is entitled to cross,
20549–9303. 2005, the Philadelphia Stock Exchange, after all public customer orders that
Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with were (1) on the limit order book and
All submissions should refer to File then (2) represented in the trading
the Securities and Exchange
Number SR-NYSE–2005–53. This file crowd at the time the market was
Commission (‘‘Commission’’) the
number should be included on the established have been satisfied, is
proposed rule change as described in
subject line if e-mail is used. To help the determined as follows:
Items I and II below, which Items have
Commission process and review your been prepared by the Phlx. The (A) With respect to orders for equity
comments more efficiently, please use Exchange filed the proposal pursuant to options, [: (i) 2] 40% of the remaining
only one method. The Commission will Section 19(b)(3)(A) of the Act,3 and Rule contracts in the order if the order is
post all comments on the Commission’s 19b–4(f)(6) thereunder,4 which renders traded at or between the best bid or offer
Internet Web site (http://www.sec.gov/ the proposal effective upon filing with given by the crowd in response to the
rules/sro.shtml). Copies of the the Commission. The Commission is Floor Broker’s initial request for a
submission, all subsequent publishing this notice to solicit market [; or (ii) 40% of the remaining
amendments, all written statements comments on the proposed rule change contracts in the order if the order is
with respect to the proposed rule from interested persons. traded between the best bid or offer
change that are filed with the given by the crowd in response to the
I. Self-Regulatory Organization’s Floor Broker’s initial request for a
Commission, and all written
Statement of the Terms of Substance of market].
communications relating to the
the Proposed Rule Change (B) With respect to orders for index
proposed rule change between the
The Phlx proposes to amend options, 20% of the remaining contracts
Commission and any person, other than
Exchange Rule 1064 concerning the in the order. (iv)–(v) No change.
those that may be withheld from the (vi) If a trade pursuant to this
public in accordance with the guaranteed participation to which a
Floor Broker is entitled with respect to Commentary occurs when the specialist
provisions of 5 U.S.C. 552, will be is on parity with one or more controlled
available for inspection and copying in equity options when seeking to execute
crossing and facilitation transactions. accounts, then the Enhanced Specialist
the Commission’s Public Reference Participation which is established
Under the current rule, after requesting
Room. Copies of such filing will also be pursuant to Exchange Rule 1014(g)(ii)–
a market from the trading crowd, a Floor
available for inspection and copying at (iv) shall apply only to the number of
Broker seeking to cross an order for
the principal office of NYSE. All contracts remaining after the following
equity options that he or she is holding
comments received will be posted with another order, or, in the case of a orders have been satisfied: Those public
without change; the Commission does public customer order, with a customer orders which trade ahead of
not edit personal identifying facilitation order from the firm from the cross transaction, and any portion of
information from submissions. You which the public customer order an order being crossed against the
should submit only information that originated, is entitled to a guaranteed original order being represented by the
you wish to make available publicly. All participation of 20% when the order Floor Broker.
submissions should refer to File (A) Respecting orders for index
Number SR–NYSE–2005–53 and should 21 17 CFR 200.30–3(a)(12).
options, [T] the Enhanced Specialist
be submitted on or before August 30, 1 15 U.S.C. 78s(b)(1). Participation may only be 20% of the
2005. 2 17 CFR 240.19b–4. original order after customer orders
3 15 U.S.C. 78s(b)(3)(A). have been executed for orders crossed
4 17 CFR 240.19b–4(f)(6). pursuant to this paragraph (vi) unless

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