Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto to Authorize Entry into Regulatory Services Agreements, 13194-13196 [E6-3547]
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13194
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices
Rydex ETF option for Market
Participant orders executed on the
Exchange. In all cases, the fee would be
charged only to the Exchange member
through whom such order is placed.
Amex represents that the proposed
options licensing fees would allow the
Exchange to recoup its costs in
connection with the index license fees
for the trading of the Rydex ETF
options. The fees would be collected on
every Market Participant order executed
on the Exchange. The Exchange believes
that requiring the payment of a percontract licensing fee in connection
with the Rydex ETF options by those
Market Participants that benefit from the
index license agreements is justified and
consistent with the rules of the
Exchange.
The Exchange notes that, in recent
years, it has revised a number of its fees
to better align Amex fees with the actual
cost of delivering services and reduce
Amex’s subsidization of such services.6
The Exchange represents that the
implementation of this proposal is
consistent with the reduction and/or
elimination of these subsidies. Amex
believes that these fees will help to
allocate to those Market Participants
engaging in transactions in Rydex ETF
options a fair share of the related costs
of offering such options for trading.
The Exchange asserts that the
proposal provides for an equitable
allocation of fees as required by Section
6(b)(4) of the Act.7 In connection with
the adoption of options licensing fees
for the Rydex ETF options, the
Exchange notes that charging the
options licensing fees, where applicable,
to all Market Participant orders, except
for customer orders, is reasonable given
the competitive pressures in the
industry. Accordingly, the Exchange
seeks, through this proposal, to better
align its transaction charges with the
cost of providing trading products.
2. Statutory Basis
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The Exchange believes that the
proposed rule change is consistent with
Section 6(b)(4) of the Act 8 in that it
provides for the equitable allocation of
reasonable dues, fees, and other charges
among its members and other persons
using its facilities.
6 See, e.g., Securities Exchange Act Release No.
45360 (January 29, 2002), 67 FR 5626 (February 6,
2002); Securities Exchange Act Release No. 44286
(May 9, 2001), 66 FR 27187 (May 16, 2001).
7 Section 6(b)(4) of the Act states that the rules of
a national securities exchange must ‘‘provide for the
equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and
other persons using its facilities.’’ 15 U.S.C.
78f(b)(4).
8 15 U.S.C. 78f(b)(4).
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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
The foregoing proposed rule change
has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act 9 and
Rule 19b–4(f)(2) 10 thereunder because it
establishes or changes a due, fee, or
other charge imposed by the Exchange.
At any time within 60 days of the filing
of the 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
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–Amex–2006–23 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Amex–2006–23. 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 Commissions
Internet Web site (https://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 the filing also will be
available for inspection and copying at
the principal office of Amex. 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–Amex–2006–23 and should
be submitted on or before April 4, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Nancy M. Morris,
Secretary.
[FR Doc. E6–3572 Filed 3–13–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53436; File No. SR–BSE–
2006–08]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change and
Amendment No. 1 Thereto to Authorize
Entry into Regulatory Services
Agreements
March 7, 2006.
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 February
15, 2006, the Boston Stock Exchange,
Inc. (‘‘Exchange’’ or ‘‘BSE’’) 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. On
March 2, 2006, the Exchange filed
Amendment No. 1 to the proposed rule
11 17
9 15
U.S.C. 78s(b)(3)(A)(ii).
10 17 CFR 19b–4(f)(2).
PO 00000
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Fmt 4703
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CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices
change.3 The Exchange filed the
proposed rule change as a ‘‘noncontroversial’’ rule change under Rule
19b–4(f)(6) under the Act,4 which
rendered the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as amended, from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Constitution to permit the Exchange to
contract with another self-regulatory
organization (‘‘SRO’’) for the
performance of certain of the Exchange’s
regulatory functions. The text of the
proposed rule change is available on the
BSE’s Web site, https://
www.bostonstock.com, at the BSE’s
Office of the Secretary, and at the
Commission’s Public Reference Room.
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 IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
2. Statutory Basis
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The proposed rule change would
create a mechanism that would allow
the BSE to contract with another SRO
for the performance of certain of the
BSE’s regulatory functions. The purpose
of the proposed rule change is to
enhance the BSE’s ability to carry out its
regulatory obligations under the Act by
providing the BSE the ability to contract
with another SRO for regulatory
services. Under any agreement for
regulatory services with another SRO,
the BSE would remain an SRO
registered under Section 6 of the Act 5
and, therefore, would continue to have
3 In Amendment No. 1, the Exchange made nonsubstantive changes to the text of the proposed rule
change.
4 17 CFR 240.19b–4(f)(6).
5 15 U.S.C. 78f.
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statutory authority and responsibility
for enforcing compliance by its
members, and persons associated with
its members, with the Act, the rules
thereunder, and the rules of the BSE.
This rule change would have
immediate applicability with respect to
a Regulatory Services Agreement
(‘‘RSA’’) between the BSE, the Chicago
Board Options Exchange, Incorporated
(‘‘CBOE’’), and other options markets
participating in the proposed Options
Regulatory Surveillance Authority
national market system plan. The BSE
has determined that, to best discharge
its SRO responsibilities, it will contract
with CBOE, which is subject to
Commission oversight pursuant to
Sections 6 and 19 of the Act,6 for CBOE
to provide certain regulatory services to
the BSE, as set forth in the RSA. In
performing services under the RSA,
CBOE will be operating pursuant to the
statutory SRO responsibilities of the
BSE under Sections 6 and 19, as well as
performing for itself its own SRO
responsibilities. The proposed rule
change specifically states that any
action taken by another SRO, or its
employees or authorized agents,
operating on behalf of the BSE pursuant
to a regulatory services agreement with
the BSE (e.g., CBOE under the RSA) will
be deemed an action taken by the BSE.
The BSE will retain ultimate
responsibility for performance of its
SRO duties under the RSA, and the
proposed rule change states that the BSE
will retain ultimate legal responsibility
for, and control of, its SRO
responsibilities.
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act 7 in general, and
furthers the objectives of Sections
6(b)(1), 6(b)(6) and 6(b)(7) of the Act 8 in
particular, in that it will enhance the
ability of the Exchange to enforce
compliance by its members and persons
associated with its members with the
provisions of the Act, the rules and
regulations thereunder, and the rules of
the Exchange; it will help ensure that
members and persons associated with
members are appropriately disciplined
for violations of the Act, the rules and
regulations thereunder, and the rules of
the Exchange; and it will provide a fair
procedure for the disciplining of
members and persons associated with
members.
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
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i)
Does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days after the date of
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 9 and subparagraph (f)(6) of
Rule 19b–4 thereunder.10 The proposed
rule change is based on a rule change
previously filed by the American Stock
Exchange LLC and approved by the
Commission.11
At any time within 60 days of the
filing of the 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 the furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
9 15
6 15
U.S.C. 78f and 15 U.S.C. 78s.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(1); 15 U.S.C. 78f(b)(6); and 15
U.S.C. 78f(b)(7).
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13195
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
11 See Securities Exchange Act Release No. 50122
(July 29, 2004), 69 FR 47962 (August 6, 2004) (SR–
Amex–2004–32).
10 17
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13196
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices
Number SR–BSE–2006–08 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
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–BSE–2006–08. 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 (https://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
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–BSE–2006–08 and should
be submitted on or before April 4, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. E6–3547 Filed 3–13–06; 8:45 am]
BILLING CODE 8010–01–P
[Release No. 34–53433; File No. SR–CHX–
2006–08]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing of a Proposed Rule Change
and Amendment No. 1 Thereto
Relating to Specialist Participant Fees
and Credits
March 7, 2006.
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 February
27, 2006, the Chicago Stock Exchange,
Inc. (‘‘CHX’’ 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 prepared by the CHX. On
March 2, 2006, CHX filed Amendment
No. 1 to the proposed rule change.3 The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as amended, from interested
parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The CHX proposes to amend its
Participant Fee Schedule to confirm
that, retroactive to January 1, 2006,
specialist fixed fees would not be
assessed to a specialist firm with respect
to securities that are temporarily
assigned. The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.chx.com/rules/
proposed_rules.htm) and at the
Commission’s Public Reference Room.
Below is the text of the proposed rule
change, as amended. Proposed new
language is underlined; proposed
deletions are in [brackets].
FEES AND ASSESSMENTS
*
*
*
*
*
E. Specialist Fixed Fees
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*
*
*
*
*
Effective January 1, 2006, t[T]hese
fixed fees shall not be assessed to a firm
with respect to securities that are
temporarily assigned.
*
*
*
*
*
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 In Amendment No. 1, the Exchange revised the
proposed rule text to clarify its meaning.
2 17
12 17
CFR 200.30–3(a)(12).
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19:18 Mar 13, 2006
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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
CHX included statements concerning
the purpose of, and basis for, the
proposed rule change, as amended, and
discussed any comments it received
regarding the proposal, as amended. The
text of these statements may be
examined at the places specified in Item
IV below. The CHX 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
Under the Exchange’s rules, the
Committee on Specialist Assignment
and Evaluation (‘‘CSAE’’) is responsible
for appointing participant firms to act as
specialists on the Exchange.4 From time
to time, the CSAE may make a
temporary assignment of one or more
securities to a specialist firm.5
Temporary assignments may be made,
for example, when one specialist firm
has requested and been granted the
opportunity to deregister in one or more
of its securities before the formal
posting and assignment process has
been completed.6 Through this filing,
the Exchange proposes to confirm that,
when a firm has been appointed to act
as specialist in a security on a
temporary basis, the firm will not be
charged the specialist fixed fees
otherwise associated with the trading of
that security. The Exchange believes
that this fee waiver creates an
appropriate (and limited) incentive for a
firm to agree to act as specialist on a
temporary basis. This proposed rule
change is designed to take effect, on a
4 See
Article IV, Rule 6.
Article XXX, Rule 1.
6 The Exchange represents that when a security is
to be assigned or reassigned, the Exchange notifies
specialist firms of the assignment opportunity and
invites applications for the security. See Article
XXX, Rule 1, Interpretation and Policy .01, Section
II. The Exchange further represents that if more
than one firm seeks the assignment, the CSAE holds
meetings with the firms to review their
demonstrated ability, experience, financial
responsibility and other factors that are relevant to
the CSAE’s assignment decision. See Article XXX,
Rule 1, Interpretation and Policy .01, Section II and
Section III. The Exchange represents that depending
upon the number of firms applying for a security
and the availability of committee members and
specialist firm representatives, this process could
take several weeks to complete. An interim
temporary assignment allows a security to continue
to be traded by a specialist firm, while the process
is completed.
5 See
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14MRN1
Agencies
[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Pages 13194-13196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3547]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53436; File No. SR-BSE-2006-08]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto to Authorize Entry into Regulatory Services
Agreements
March 7, 2006.
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 February 15, 2006, the Boston Stock Exchange, Inc. (``Exchange'' or
``BSE'') 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. On March 2,
2006, the Exchange filed Amendment No. 1 to the proposed rule
[[Page 13195]]
change.\3\ The Exchange filed the proposed rule change as a ``non-
controversial'' rule change under Rule 19b-4(f)(6) under the Act,\4\
which rendered the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ In Amendment No. 1, the Exchange made non-substantive
changes to the text of the proposed rule change.
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its Constitution to permit the
Exchange to contract with another self-regulatory organization
(``SRO'') for the performance of certain of the Exchange's regulatory
functions. The text of the proposed rule change is available on the
BSE's Web site, https://www.bostonstock.com, at the BSE's Office of the
Secretary, and at the Commission's Public Reference Room.
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 IV 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 proposed rule change would create a mechanism that would allow
the BSE to contract with another SRO for the performance of certain of
the BSE's regulatory functions. The purpose of the proposed rule change
is to enhance the BSE's ability to carry out its regulatory obligations
under the Act by providing the BSE the ability to contract with another
SRO for regulatory services. Under any agreement for regulatory
services with another SRO, the BSE would remain an SRO registered under
Section 6 of the Act \5\ and, therefore, would continue to have
statutory authority and responsibility for enforcing compliance by its
members, and persons associated with its members, with the Act, the
rules thereunder, and the rules of the BSE.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
---------------------------------------------------------------------------
This rule change would have immediate applicability with respect to
a Regulatory Services Agreement (``RSA'') between the BSE, the Chicago
Board Options Exchange, Incorporated (``CBOE''), and other options
markets participating in the proposed Options Regulatory Surveillance
Authority national market system plan. The BSE has determined that, to
best discharge its SRO responsibilities, it will contract with CBOE,
which is subject to Commission oversight pursuant to Sections 6 and 19
of the Act,\6\ for CBOE to provide certain regulatory services to the
BSE, as set forth in the RSA. In performing services under the RSA,
CBOE will be operating pursuant to the statutory SRO responsibilities
of the BSE under Sections 6 and 19, as well as performing for itself
its own SRO responsibilities. The proposed rule change specifically
states that any action taken by another SRO, or its employees or
authorized agents, operating on behalf of the BSE pursuant to a
regulatory services agreement with the BSE (e.g., CBOE under the RSA)
will be deemed an action taken by the BSE. The BSE will retain ultimate
responsibility for performance of its SRO duties under the RSA, and the
proposed rule change states that the BSE will retain ultimate legal
responsibility for, and control of, its SRO responsibilities.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f and 15 U.S.C. 78s.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Sections 6(b)(1), 6(b)(6) and 6(b)(7) of the Act \8\ in
particular, in that it will enhance the ability of the Exchange to
enforce compliance by its members and persons associated with its
members with the provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange; it will help ensure that
members and persons associated with members are appropriately
disciplined for violations of the Act, the rules and regulations
thereunder, and the rules of the Exchange; and it will provide a fair
procedure for the disciplining of members and persons associated with
members.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(1); 15 U.S.C. 78f(b)(6); and 15 U.S.C.
78f(b)(7).
---------------------------------------------------------------------------
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
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of 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
\9\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\10\ The proposed
rule change is based on a rule change previously filed by the American
Stock Exchange LLC and approved by the Commission.\11\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
\11\ See Securities Exchange Act Release No. 50122 (July 29,
2004), 69 FR 47962 (August 6, 2004) (SR-Amex-2004-32).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the 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 the furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File
[[Page 13196]]
Number SR-BSE-2006-08 on the 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-BSE-2006-08. 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 (https://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 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-BSE-2006-08 and should be submitted on or before April
4, 2006.
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\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
[FR Doc. E6-3547 Filed 3-13-06; 8:45 am]
BILLING CODE 8010-01-P