Notice of Proposed Order Approving Proposal by NYSE Arca, Inc. To Establish Fees for Certain Market

SECURITIES AND EXCHANGE COMMISSION Release No. 34-57917 June 4, 2008 Notice of Proposed Order Approving Proposal by NYSE Arca, Inc. To Establish Fees for Certain Market Data and Request for Comment I. Introduction On May 23, 2006, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission), pursuant to Section 19(b)(1) of the 1 2Securities Exchange Act of 1934 (“Exchange Act”) and Rule 19b-4 thereunder, a proposed rule change (“Proposal”) to establish fees for the receipt and use of certain market data that the Exchange makes available. We are publishing this notice and a 3proposed order approving the Proposal (“Draft Order”) to provide interested persons with further opportunity to comment. The Proposal was published for comment in the Federal Register on June 9, 42006. The Commission received 6 comment letters regarding the Proposal. On October 12, 2006, the Commission issued an order, by delegated authority, approving the 5Proposal. On November 6, 2006, NetCoalition (“Petitioner”) submitted a notice, pursuant to Rule 430 of the Commission’s Rules of Practice, indicating its intention to 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 The Draft Order is included as Appendix A. 4 Securities Exchange Act Release No. 53952 (June 7, 2006), 71 FR 33496 (June 9, 2006). 5 Securities Exchange Act Release No. 54597 (October 12, 2006), ...