[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63536-63540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-137]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-58800; File No. SR-NYSEArca-2008-109]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. To Adopt Rules
To Permit the Trading of Rate-Modified Foreign Currency Options
October 16, 2008.
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 10, 2008, NYSE Arca, Inc. (``NYSE Arca'' or the
``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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to adopt rules to permit the trading of Rate-
Modified Foreign Currency Options (``FCOs''). The text of the proposed
rule change is available at NYSE Arca, the Commission's Public
Reference Room, and www.nyse.com.
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 self-regulatory organization
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 those 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 parts 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 the proposed rule change is to adopt rules enabling
the Exchange to list and trade FCOs. The Exchange proposes to adopt
rules for the listing and trading of cash-settled FCOs on the following
currencies: the euro, the British pound, the Australian dollar, the New
Zealand dollar, the Japanese yen, the Canadian dollar, the Swiss franc,
the Chinese renminbi, the Mexican peso, the Swedish krona, the Russian
ruble, the South African rand, the Brazilian real, the Israeli shekel,
the Norwegian krone, the Polish zloty, the Hungarian forint, the Czech
koruna, and the Korean won (individually, a ``currency'' and
collectively, the ``Currencies'').\3\
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\3\ Except as noted herein, FCO's would, in all other respects,
be traded pursuant to the Exchange's existing trading rules and
procedures and be covered under the Exchange's existing surveillance
program.
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The Exchange notes that the Philadelphia Stock Exchange (``PHLX'')
currently has rules that permit the listing and trading of both
physically-settled FCOs and U.S. Dollar-settled FCOs on a number of
foreign currencies.\4\ FCOs listed and traded by the Exchange pursuant
to this proposed rule change will not be fungible with
[[Page 63537]]
those listed and traded by PHLX. The Exchange also notes that the
International Securities Exchange has rules that permit the listing and
trading of both physically-settled FCOs and U.S. Dollar-settled FCOs on
a number of foreign currencies.\5\ The Exchange intends, however, to
license the contract terms governing FCOs from the International
Securities Exchange (``ISE''), and any FCOs listed and traded on the
Exchange would be fungible with those listed and traded on ISE.
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\4\ See Securities Exchange Act release No. 54989 (December 21,
2006), 71 FR 78506 (December 29, 2006) (SR-PHLX-2006-34). See also
PHLX rules 1000-1093.
\5\ See Securities Exchange Act Release No, 34-55575 (April 3,
2007), 72 FR 17963 (April 10, 2007) (SR-ISE-2006-59). See also ISE
rules 2200-2213.
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The Exchange proposes to list and trade cash-settled FCOs using the
Reuters Composite Currency Rate,\6\ an industry benchmark, and modify
that rate to create an underlying value that represents the prevailing
rate of a currency pair in an index-like format. NYSE Arca proposes to
use modifiers of 1, 10, or 100 depending on the exchange rate level of
the underlying foreign currency. For example, if one U.S. Dollar buys
.84177 euros, a modifier of 100 would be used so that the modified
exchange rate would become 84.18.\7\ Modified exchange rates are
rounded to two decimal places (i.e., to the nearest one one-hundredth).
Modified exchange rates are rounded up if they end in values greater
than or equal to five one-thousandths, and rounded down if less than
five one-thousandths. In the example above, if one U.S. Dollar buys
.84174 euros, the modified exchange rate, using the same 100 modifier,
would become 84.17. The Reuters data is based on an amalgamation of
midpoint dealer quotes on its foreign exchange dealing system.
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\6\ The Exchange notes that there are many major trading
platforms for spot market currencies including single bank portals
(Deutsche Bank, Citigroup, UBS, Barclays, etc.), multi-bank portals
(FXall, Currenex, FXConnect, etc.) broker-neutral portals (Reuters
Dealing and EBS), portal aggregators (Bloomberg. LavaFX, FlexTrade),
as well as many online broker portals. Additionally, several major
NYSE Arca members, including OptionsXpress and Interactive Brokers,
provide access to Chicago Mercantile Exchange futures products. NYSE
Arca therefore believes that sufficient market access is available
to both institutionals as well as retail investors. Foreign exchange
prices are also widely available via public Web sites, broker Web
sites, as well as in print publications. Additionally, Web sites
such as Bloomberg.com, Reuters.com, Yahoo! Finance, CNBC.com,
OANDA.com, Nasdaq.com, and many others provide free currency data.
Investors Business Daily, Wall Street Journal, and the New York
Times also provide currency data as part of their daily coverage.
Futhermore, the ISE presently disseminates real-time underlying data
on OPRA for all the currency rates NYSE Arca intends to list options
on.
\7\ Modifiers used for creating underlying values will be
modeled on the modifiers developed by the ISE and will be posted on
the Exchange's web site no later than the first day on which FCOs
begin trading on the Exchange. Once a modifier has been assigned to
a currency pair by the ISE, it can only be changed upon a filing of
a proposed rule change by the ISE with the Securities and Exchange
Commission (``Commission''). If the Exchange determines that it will
no longer adopt modifiers assigned by the ISE, the Exchange will be
required to submit a proposed rule change to the Commission in order
to amend a modifier.
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Under the proposed rule change, FCOs listed by the Exchange will be
cleared by The Options Clearing Corporation (``OCC''), and will enable
holders of options contracts to receive U.S. Dollars representing the
difference between the modified exchange rate \8\ and the exercise
price of the option. Specifically, upon exercise of an in-the-money
cash-settled FCO call option, the holder will receive, from OCC, U.S.
Dollars representing the difference between the exercise strike price
and the closing settlement value of the cash-settled FCO contract
multiplied by 100. Upon exercise of an in-the-money cash-settled FCO
put option, the holder will receive, from OCC, U.S. Dollars
representing the excess of the exercise price over the closing
settlement value of the cash-settled FCO contract multiplied by 100.
Additionally, cash-settled FCOs that are in-the-money by any amount on
expiration date will be exercised automatically by OCC, while cash-
settled FCOs that are out-of-the-money on expiration date will expire
worthless.
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\8\ A ``modified exchange rate'' is defined in proposed NYSE
Arca Rule 5.71(6).
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The Exchange hereby proposes to adopt new rules and amend certain
existing rules in order to list and trade FCOs. The Exchange shall use
the same contract specifications used by the ISE, as noted in Exhibit 3
to this filing.\9\ The Exchange's proposed NYSE Arca Rule 5.71,
Definitions, defines terms applicable to FCOs. Proposed NYSE Arca Rule
5.72, Criteria for Foreign Currency Options, states that the Currencies
may be approved for trading on the Exchange and sets forth the cross
rate FCOs that may be traded on the Exchange. Proposed NYSE Arca Rule
5.72 also states that if any of the sovereign governments or the
European Economic Community's European Monetary System issuing one of
the Currencies replaces it with a new currency, that new currency,
subject to filing a proposed rule change with the Commission, shall
also be approved for listing and trading under these proposed rules.
Proposed NYSE Arca Rule 5.73, Foreign Currency Options Contracts To Be
Traded, states that the Exchange may open for trading put options and
call options on the Currencies and that only options contracts of a
series of options approved by the Exchange and currently open for
trading may be traded on the Exchange. Proposed NYSE Arca Rule 5.74,
Withdrawal of Approval of Foreign Currency Options, states that, in the
interest of a fair and orderly market and for the protection of
investors, the Exchange may withdraw approval of the trading of a
foreign currency option. For example, in the case of the European
Economic Community's European Monetary System, the Exchange will
withdraw approval of the trading of a foreign currency option if such
currency is eligible to and does in fact merge with the euro.
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\9\ See note 5, supra.
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Proposed NYSE Arca Rule 5.75, Series of Foreign Currency Options
Opened for Trading, states that after a class of options contracts on
any of the Currencies has been approved for listing and trading, the
Exchange may open for trading series of FCOs that expire in consecutive
monthly intervals, in three or ``cycle'' month intervals, or that have
up to 36 months to expiration.\10\ Under this proposed rule change, the
Exchange may list cash-settled FCOs with expirations that are the same
as the expirations permitted for index options pursuant to NYSE Arca
Rules 5.10 and 5.19, except that cash-settled FCOs shall have
expirations up to 36 months only. Though no long-term series will be
listed initially, this proposal would allow the Exchange to list long-
term series, i.e., up to 36 months. The expiration date for the
consecutive and cycle month options will be 8:59 p.m. Pacific time on
the Saturday immediately following the third Friday of the expiration
month. Under Proposed NYSE Arca Rule 5.75, as the modified exchange
rate moves, the Exchange may list additional series of FCOs in order to
maintain sufficient numbers of in-the-money and out-of-the-money
series. Further, the strike price of each series of FCOs opened for
trading by the Exchange shall be reasonably close to the modified
exchange rate.
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\10\ The Exchange notes that consecutive month and cycle month
expirations of a given series will never overlap.
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Proposed NYSE Arca Rule 5.76, Terms of Foreign Currency Options
Contracts, states that, among other things, all FCOs shall be quoted in
U.S. Dollars, shall be European-style, and that the interval between
strike prices of series of FCOs shall be no less than $0.10.
Proposed NYSE Arca Rule 5.77, Position Limits for Foreign Currency
Options, sets the position limit for FCOs, on the same side of the
market, as follows: 1,200,000 contracts for the
[[Page 63538]]
euro; 600,000 contracts for the Australian dollar, the New Zealand
dollar, the British pound, the Canadian dollar, the Japanese yen, and
the Swiss franc; 300,000 contracts for the Brazilian real, the Chinese
renminbi, the Czech koruna, the Hungarian forint, the Israeli shekel,
the Korean won, the Mexican peso, the Norwegian krone, the Swedish
krona, the Polish zloty, the Russian ruble and the South African rand.
For the purpose of determining which positions are on the same side of
the market, under proposed NYSE Arca Rule 5.77, long call positions are
to be aggregated with short put positions and short call positions are
to be aggregated with long put positions. Position limits for each of
the proposed cross-rate FCOs are specified in proposed NYSE Arca Rule
5.77.
Proposed NYSE Arca Rule 5.78, Exercise Limits for Foreign Currency
Options, generally states that exercise limits for FCOs and cross rate
FCOs shall be equivalent to the position limits prescribed to that FCO.
Thus, the exercise limit for FCOs over any five consecutive business
days shall be as follows: 1,200,000 contracts for the euro; 600,000
contracts for the Australian dollar, the New Zealand dollar, the
British pound, the Canadian dollar, the Japanese yen, and the Swiss
franc; 300,000 contracts for the Brazilian real, the Chinese renminbi,
the Czech koruna, the Swedish krona, the Hungarian forint, the Israeli
shekel, the Korean won, the Mexican peso, the Norwegian krone, the
Polish zloty, the Russian ruble and the South African rand. The
exercise limits for cross rate FCOs are set forth in Rule 5.78. Under
Proposed NYSE Arca Rule 5.78(a)(3), the Exchange may from time to time,
subject to Commission approval, establish exercise limits that are
different from the position limits established for FCOs on a Currency
or across all Currencies. Position limits for each of the proposed
cross-rate FCOs are specified in proposed NYSE Arca Rule 5.77.
Proposed NYSE Arca Rule 5.79, Trading Sessions, provides that
transactions in FCOs may be effected on the Exchange between the hours
of 6:30 a.m. and 1:15 p.m. Pacific Time, except that on the last
trading day of the week during which a FCO is set to expire, trading
shall cease at 9 a.m. Pacific Time. Trading in cash-settled FCOs will
follow the holiday schedule of the U.S. equity markets. If Friday is an
Exchange holiday, the settlement value for cash-settled FCOs will be
determined on the preceding trading day, which will also be the last
trading day for the expiring option. The Exchange's Proposed Rules
5.79(b) and (c) make certain adjustments to current processes because
FCO openings, unlike openings of equity and index options, do not
depend on the opening of trading of the underlying market, because the
currency market does not have specified trading hours. Accordingly, the
opening auction for FCOs shall be held at or as soon as practicable
after the Exchange's market opens, unless a Trading Official determines
to delay the opening auction in the interest of maintaining a fair and
orderly market.
Proposed NYSE Arca Rule 5.79 lists some of the factors a Trading
Official may consider in delaying the opening auction. Additionally, in
the interest of a fair and orderly market, an Exchange official may,
under certain circumstances, halt or suspend trading in a FCO until
such time that the circumstances that led to the halt or suspension no
longer exist. The proposed rule also provides that the Exchange shall
delay opening or halt trading if the ISE is unable to disseminate the
current modified exchange rate information at least every 15 seconds to
OPRA.
Proposed NYSE Arca Rule 5.80, Reporting of Foreign Currency Options
Position, requires each OTP Holder of the Exchange to file a report
with respect to all accounts that have an aggregate position of 12,500
or more FCO contracts on the same side of the market in any underlying
foreign currency. Under this proposed rule, OTP Holders shall be
required to file all such reports within one business day following the
day that the reportable transactions occur.
Proposed NYSE Arca Rule 5.81, Foreign Currency Options Closing
Settlement Value, states that the closing settlement value, which shall
be posted by the Exchange on its Web site, shall be the Noon Buying
Rate, as determined by the Federal Reserve Bank of New York, on the
last trading day during expiration week.\11\ If the Noon Buying Rate is
not announced by 2 p.m. Pacific Time, the closing settlement value will
be the most recently announced Noon Buying Rate, unless the Exchange
determines to apply an alternative closing settlement value as a result
of extraordinary circumstances.\12\
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\11\ The closing settlement value, whether based on the Noon
Buying Rate or the WM/Reuters Closing Spot rate, will also be
modified using the applicable modifier, i.e., 1, 10 or 100, that is
used in calculating the respective modified exchange rate. Please
note, the Federal Reserve Bank of New York is discontinuing the
publication of the Noon Buying Rate on December 31, 2008.
\12\ The Exchange may use the WM/Reuters Closing Spot rate if
the Noon Buying Rate is not available. The Exchange notes that the
Commission has recently approved listing standards for securities
issued by a trust that represent investors' discrete identifiable
and undivided beneficial ownership interests in non-U.S. currency
deposited into a trust that utilizes the Noon Buying Rate for the
calculation of the Net Asset Value of the trust. See Securities
Exchange Act Release No. 52843 (November 28, 2005), 70 FR 72486
(December 5, 2005) (order granting accelerated approval of SR-NYSE-
2005-65).
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In the event the Noon Buying Rate is not published for an
underlying currency, the Exchange proposes to apply the WM/Reuters
Closing Spot rate to determine the closing settlement value of any
underlying currency.\13\ The WM/Reuters Closing Spot rate is determined
at 16 UK time, also known as the ``fix'' time (10 a.m. Pacific Time).
WM/Reuters typically publishes its closing rates 15 minutes after the
fix time. The Reuters System is the primary source of spot foreign
exchange rates used in the calculation of the WM/Reuters Closing Spot
rate. WM/Reuters, however, may use alternative sources such as a
country's Central Bank or rates from EBS, which is another major FX
venue and market data service provider for 156 currencies, including
all of the currencies underlying the products proposed by NYSE Arca
under this filing.
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\13\ The Federal Reserve Bank of New York currently does not
publish a Noon Buying Rate for the Czech koruna, the Hungarian
forint, the Israeli shekel, the Korean won, the Polish zloty and the
Russian ruble. As a result, the Exchange proposes to use the WM/
Reuters Closing Spot rate for these 6 currencies to determine their
closing settlement value.
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WM/Reuters has two main methods for calculating its Closing Spot
rate. The methodology used depends on whether a currency is determined
by WM/Reuters to be a ``trade currency'' or a ``non-trade currency.''
\14\ WM/Reuters applies a unique methodology for each category. Closing
Spot rates for ``non-trade currencies'' are determined primarily by
using data from Reuters. This methodology involves taking snapshots of
quoted bids and offers for each currency at 15-second intervals over a
two-minute period. The median is then calculated independently for each
currency's bid and offer. The midpoint of that median bid and offer
becomes the final value.
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\14\ The Australian dollar, British pound, Canadian dollar,
Czech koruna, Danish krone, euro, Japanese yen, New Zealand dollar,
Norwegian krone, Singapore dollar, South African rand, Swedish
krona, and Swiss franc are all considered by WM/Reuters to be
``trade currencies,'' while all others are considered ``non-trade
currencies.'' The instant filing proposes to trade FCOs on all the
``trade currencies'' except the Danish krone and the Singapore
dollar.
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Closing Spot rates for ``trade currencies'' are determined
primarily by using data from both Reuters and EBS.
[[Page 63539]]
This methodology involves taking snapshots of actual traded rates every
second for a period of 30 seconds before the fix to 30 seconds after
the fix. Trades are identified as a bid or offer and a spread is
applied to calculate the opposite bid or offer. The spread applied is
determined by the spread between buy and sell orders captured at the
same time. The median is then independently calculated for each
currency's bid and offer, resulting in a midpoint trade rate. The
midpoint of that median bid and offer becomes the final value. Proposed
NYSE Arca Rule 5.81 additionally disclaims the Exchange's (and that of
any agent of the Exchange's) liability and that of the Reporting
Authority due to force majeure.
The Exchange is also proposing to amend its Rule 4.16 regarding
margin requirements by adopting a rule for FCOs that is substantially
similar to the ISE's margin rules for foreign currency options.
Accordingly, under proposed NYSE ARCA Rule 4.16(d), cash-settled FCOs
will have the same customer margin requirements as are provided in ISE
Rule 1202(d), ``Margin Requirements''.
In addition, the Exchange proposes to modify Rule 6.72 to permit
FCOs to quote and trade in one cent increments.
Chapter 9 of the Exchange's rules is designed to protect public
customer trading and shall apply to trading in FCOs. Specifically, NYSE
Arca Rules 9.18(a) and (b) prohibit OTP Firms and OTP Holders from
accepting a customer order to purchase or write an option, including on
a cash-settled FCO, unless such customer's account has been approved in
writing by a designated Registered Options Principal. Additionally,
NYSE Arca's Rule 9.18(c) regarding suitability is designed to ensure
that options, including cash-settled FCOs, are only sold to customers
capable of evaluating and bearing the risks associated with trading in
this instrument. Further, NYSE Arca Rule 9.18(e) permits OTP Firms or
OTP Holders to exercise discretionary power with respect to trading
options, including trading cash-settled FCOs, in a customer's account
only if the OTP Firm or OTP Holder has received prior written
authorization from the customer and the account had been accepted in
writing by a designated Registered Options Principal. NYSE Arca Rule
9.18(e) also requires designated Registered Options Principals or
Representatives of an OTP Firm or OTP Holder to approve and initial
each discretionary order, including discretionary orders for cash-
settled FCOs, on the day the discretionary order is entered. Finally,
NYSE Arca Rule 9.18(d), Supervision of Accounts, Rule 9.18(f),
Confirmation, and Rule 9.18(g), Delivery of Current Options Disclosure
Documents and Prospectus, will also apply to trading in FCOs.
As previously noted, the Exchange represents that it has an
adequate surveillance program in place for FCOs, and intends to apply
the same program procedures that it applies to the Exchange's index
options. The Exchange is also a member of the Intermarket Surveillance
Group (``ISG''), and may obtain trading information via the ISG from
other exchanges who are members or affiliates of the ISG. The members
of the ISG include all of the U.S. registered stock and options
markets. The ISG members work together to coordinate surveillance and
investigative information sharing in the stock and options markets. In
addition, the major futures exchanges are affiliated members of the
ISG, which allows for the sharing of surveillance information for
potential intermarket trading abuses. Specifically, NYSE Arca can
obtain such information from the Chicago Mercantile Exchange (``CME'')
in connection with futures trading on that exchange.\15\
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\15\ CME is an affiliate member of ISG.
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Finally, the Exchange represents that it has the necessary systems
capacity to support new options series that will result from the
introduction of cash-settled FCOs.
2. Statutory Basis
The proposed rule change is consistent with and furthers the
objectives of Section 6(b)(5) of the Act, in that it is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanisms of a free and open market and a national
market system and, in general, to protect investors and the public
interest.
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
Because the foregoing rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days after the date of this filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6)
thereunder.\17\
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\16\ 15 U.S.C. 78s(b)(3)(A).
\17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
under the Act requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this notice requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
filing.\18\ However, Rule 19b-4(f)(6)(iii) \19\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that it has approved substantially similar rules
for the listing and trading of FCOs on the ISE and NYSE Arca's proposal
raises no new regulatory issues.\20\ Accordingly, the Commission
designates that the proposed rule change become operative
immediately.\21\
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\18\ 17 CFR 240.19b-4(f)(6)(iii).
\19\ Id.
\20\ See supra note 5.
\21\ For the 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).
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At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such 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
[[Page 63540]]
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-2008-109 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR SR-NYSEArca-2008-109.
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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-2008-109 and should be submitted on or before November 14,
2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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\22\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25373 Filed 10-23-08; 8:45 am]
BILLING CODE 8011-01-P