With respect to certain publicly traded trusts and partnerships, this talks about what a public market is, and it talks about a trading system or other organized facility on which securities that are qualified for public distribution are listed or traded. Then it goes on to say that it does not include a facility operated solely to carry out the issuance of a security or its redemption, acquisition, or cancellation by its issuer. For the example that you've posed, I just don't see any organized facility on which securities are qualified for public distribution and listed or traded.
On May 30th, 2007. See this statement in context.