Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Remove All References to a Specific Regulation NMS Trading Phase Date, 6628-6630 [E7-2251]
Download as PDF
6628
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
the Original AAO will fill the remaining 25
contracts of the market order to sell at $1.01.
Even though the Original AAO has time
priority over the 2nd AAO, the 2nd AAO will
be filled first because it has a higher AAO
Maximum Improvement Price ($1.04 vs.
$1.03) than the Original AAO.
Example 5. For this example, assume that
while the Original AAO is resting on the
BOX Book, but prior to an Improvement
Auction commences, another AAO to sell 80
XYZ is entered into the Trading Host at $1.01
(referred to in this example and in Example
6 as the ‘‘2nd AAO’’). These two orders will
immediately be matched and traded at $1.02,
the mid-point of the two AAO Maximum
Improvement Prices. The remaining 20
contracts from the Original AAO will remain
on the BOX Book with its original time price
priority.
Example 6. For this example, assume
everything is the same as in Example 5
except the 2nd AAO to sell 80 XYZ is entered
into the Trading Host at $1.02. The
executions will remain the same as in
Example 5 except the price will be rounded
(the midpoint of $1.02 and $1.03 is $1.025)
to the nearest penny increment towards the
favor of the Original AAO. Since the Original
AAO was already on the BOX Book, the trade
will execute at $1.02. The remaining 20
contracts from the Original AAO will remain
on the BOX Book with its original time price
priority.
Conclusion
As shown by the above examples, the
AAO causes no detriment to customers
or the markets as a whole, will increase
the number of Improvement Orders that
will be available to participate in an
Improvement Auction and thus creates
a greater possibility for better execution
prices on all orders placed on BOX.
2. Statutory Basis
The proposal is consistent with the
requirements of Section 6(b) of the Act,6
in general, and Section 6(b)(5) of the
Act,7 in particular, in that it makes it
easier for non-professional customers to
participate in Improvement Auctions, it
is generally designed to promote just
and equitable principles of trade, to
prevent fraudulent and manipulative
acts and, in general, to protect investors
and the public interest.
sroberts on PROD1PC70 with NOTICES
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.
6 15
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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19:52 Feb 09, 2007
Jkt 211001
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 comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which BSE consents, the
Commission shall: (a) By order approve
such proposed rule change, or (b)
institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–BSE–2006–56 on the subject
line.
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 BSE. 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–2006–56 and should
be submitted on or before March 5,
2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–2250 Filed 2–9–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55235; File No. SR–BSE–
2007–05]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Remove All
References to a Specific Regulation
NMS Trading Phase Date
February 2, 2007.
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 January
Paper Comments
31, 2007, the Boston Stock Exchange
• Send paper comments in triplicate
(‘‘BSE’’ or ‘‘Exchange’’) filed with the
to Nancy M. Morris, Secretary,
Securities and Exchange Commission
Securities and Exchange Commission,
(‘‘Commission’’) the proposed rule
Station Place, 100 F Street, NE.,
change as described in Items I, II and III
Washington, DC 20549–1090.
below, which Items have been
All submissions should refer to File
substantially prepared by the Exchange.
Number SR–BSE–2006–56. This file
The Exchange has designated the
number should be included on the
proposed rule change as one
subject line if e-mail is used. To help the constituting a stated policy, practice, or
Commission process and review your
interpretation with respect to the
comments more efficiently, please use
meaning, administration, or
only one method. The Commission will enforcement of an existing rule under
post all comments on the Commission’s Section 19(b)(3)(A) of the Act,3 and Rule
Internet Web site (https://www.sec.gov/
19b–4(f)(1) thereunder,4 which renders
rules/sro.shtml). Copies of the
the proposal effective upon filing with
submission, all subsequent
the Commission. The Commission is
amendments, all written statements
publishing this notice to solicit
with respect to the proposed rule
comments on the proposed rule from
change that are filed with the
interested persons.
Commission, and all written
communications relating to the
8 17 CFR 200.30–3(a)(12).
proposed rule change between the
1 15 U.S.C. 78s(b)(1).
Commission and any person, other than
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
those that may be withheld from the
4 17 CFR 240.19b–4(f)(1).
public in accordance with the
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Fmt 4703
Sfmt 4703
E:\FR\FM\12FEN1.SGM
12FEN1
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The BSE is proposing to remove
references in Chapters XXXVII and
XXXVIII of the BSE Rules to February 5,
2007, which was the Regulation NMS
Trading Phase Date as of the date of
Commission approval of the proposed
rule change relating to the second phase
of the BeX trading system, and replace
all such references with the phrase
‘‘Regulation NMS Trading Phase Date.’’
The Regulation NMS Trading Phase
Date is the final date for full operation
of Regulation NMS-compliant trading
systems of all automated trading centers
(both SRO trading facilities and ADF
participants) that intend to qualify their
quotations for trade-through protection
under Rule 611 of Regulation NMS, as
determined by the Commission. The
text of the proposed rule change is
available at www.bostonstock.com, at
the BSE, 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
BSE 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. BSE 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
sroberts on PROD1PC70 with NOTICES
1. Purpose
On June 13, 2006 the Exchange filed
Amendment No. 3 to SR–BSE–2006–22
(the ‘‘BeX Facility Filing’’), a rule filing
submitted in connection with the
implementation of the first of two
phases of BeX, a fully automated
electronic book for the display and
execution of orders in securities. On
August 25, 2006 SR–BSE–2006–22 was
approved by the Commission.5 On
August 3, 2006 the BSE filed, in
connection with the implementation of
the second phase of the BeX trading
system and in connection with
satisfying the requirements of
Regulation NMS, SR–BSE–2006–30. On
5 See Securities Exchange Act Release No. 54365
(August 25, 2006), 71 FR 52192 (September 1,
2006).
VerDate Aug<31>2005
19:52 Feb 09, 2007
Jkt 211001
September 29, 2006 the Commission
approved SR–BSE–2006–30.6
The purpose of this filing is to remove
references in Chapters XXXVII and
XXXVIII of the BSE Rules to February 5,
2007 as the Regulation NMS Trading
Phase Date and to replace all references
to that specific date with the phrase
‘‘Regulation NMS Trading Phase Date.’’
The Regulation NMS Trading Phase
Date is the final date for full operation
of Regulation NMS-compliant trading
systems of all automated trading centers
(both SRO trading facilities and ADF
participants) that intend to qualify their
quotations for trade-through protection
under Rule 611 of Regulation NMS, as
determined by the Commission. In other
words, the BSE Rules will no longer
reference a date certain for the
Regulation NMS Trading Phase Date
and any occurrence that could have
taken place or that would have been
triggered on February 5, 2007, such as
the ability for certain order types to be
submitted on the BeX, will be
postponed to coincide with the revised
Regulation NMS Trading Phase Date
scheduled by the Commission. Further,
this filing replaces all specific
references to the February 5, 2007 date
contained in BSE–2006–30 as modified
by Amendment 2 to that filing with the
phrase Regulation NMS Trading Phase
Date.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of Section 6(b) of the
Act,7 in general, and furthers the
objectives of Section 6(b)(5) of the Act,8
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and to
protect investors and the public interest
in that it is designed to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism for 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 not
6 See Securities Exchange Act Release No. 54546
(September 29, 2006), 71 FR 59161 (October 6,
2006).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
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Fmt 4703
Sfmt 4703
6629
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 comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
constitutes a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing rule it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(1) thereunder.10
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 Exchange 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
Number SR–BSE–2007–05 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–2007–05. 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
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(1).
10 17
E:\FR\FM\12FEN1.SGM
12FEN1
6630
Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Notices
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 BSE.
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–2007–05 and should
be submitted on or before March 5,
2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Florence E. Harmon
Deputy Secretary
[FR Doc. E7–2251 Filed 2–9–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55243; File No. SR–CBOE–
2007–06]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend CBOE Rules
Relating To CBOE’s Determination To
Trade Options on the iShares Russell
2000 Index Fund (IWM) on the Hybrid
2.0 Platform
19(b)(3)(A)(iii) of the Act 3 and Rule
19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE proposes to amend its rules
relating to CBOE’s determination to
trade options on the iShares Russell
2000 Index Fund (IWM) on the Hybrid
2.0 Platform. The text of the proposed
rule change is available on CBOE’s Web
site (https://www.cboe.com), at the
CBOE’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
sroberts on PROD1PC70 with NOTICES
February 5, 2007.
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 January
12, 2007, the Chicago Board Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’) 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 Exchange filed the proposal as a
‘‘non-controversial’’ proposed rule
change pursuant to Section
The purpose of this rule change is to
amend CBOE Rule 8.3 and Rule 8.4 in
connection with CBOE’s determination
to trade options on the iShares Russell
2000 Index Fund (IWM) on the Hybrid
2.0 Platform.5 IWM options currently
have an appointment cost of .50. CBOE
intends to maintain that appointment
cost when IWM options trade on the
Hybrid 2.0 Platform. As a result, IWM
options will be classified as an ‘‘AA’’
Tier option class. CBOE intends to trade
IWM options on the Hybrid 2.0 Platform
beginning on January 16, 2007.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations under the
Act applicable to a national securities
exchange and, in particular, the
3 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
5 CBOE Rule 1.1(aaa) defines Hybrid Trading
System and Hybrid 2.0 Platform.
11 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Aug<31>2005
19:52 Feb 09, 2007
4 17
Jkt 211001
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Fmt 4703
Sfmt 4703
requirements of Section 6(b) of the Act.6
Specifically, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) of the Act,7 which
requires that the rules of an exchange be
designed to promote just and equitable
principles of trade, to prevent
fraudulent and manipulative acts and,
in general, to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE 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 rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Act 8 and
subparagraph (f)(6) of Rule 19b–4 9
thereunder because it 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 from the date on which it
was filed, or such shorter time as the
Commission may designate; and the
Exchange has given the Commission
written notice of its intention to file the
proposed rule change at least five
business days prior to filing. 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.
Under Rule 19b–4(f)(6) of the Act, the
proposal does not become operative for
30 days after the date of its filing, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest.10 The Exchange has requested
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A)(iii).
9 17 CFR 240.19b–4(f)(6).
10 Rule 19b–4(f)(6) also requires the selfregulatory organization to give the Commission
notice of its intention to file the proposed rule
7 15
E:\FR\FM\12FEN1.SGM
12FEN1
Agencies
[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6628-6630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2251]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55235; File No. SR-BSE-2007-05]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Remove All References to a Specific Regulation NMS Trading Phase Date
February 2, 2007.
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 January 31, 2007, the Boston Stock Exchange (``BSE'' 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 substantially prepared by the
Exchange. The Exchange has designated the proposed rule change as one
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule
under Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(1)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
[[Page 6629]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The BSE is proposing to remove references in Chapters XXXVII and
XXXVIII of the BSE Rules to February 5, 2007, which was the Regulation
NMS Trading Phase Date as of the date of Commission approval of the
proposed rule change relating to the second phase of the BeX trading
system, and replace all such references with the phrase ``Regulation
NMS Trading Phase Date.'' The Regulation NMS Trading Phase Date is the
final date for full operation of Regulation NMS-compliant trading
systems of all automated trading centers (both SRO trading facilities
and ADF participants) that intend to qualify their quotations for
trade-through protection under Rule 611 of Regulation NMS, as
determined by the Commission. The text of the proposed rule change is
available at www.bostonstock.com, at the BSE, 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 BSE 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. BSE 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
On June 13, 2006 the Exchange filed Amendment No. 3 to SR-BSE-2006-
22 (the ``BeX Facility Filing''), a rule filing submitted in connection
with the implementation of the first of two phases of BeX, a fully
automated electronic book for the display and execution of orders in
securities. On August 25, 2006 SR-BSE-2006-22 was approved by the
Commission.\5\ On August 3, 2006 the BSE filed, in connection with the
implementation of the second phase of the BeX trading system and in
connection with satisfying the requirements of Regulation NMS, SR-BSE-
2006-30. On September 29, 2006 the Commission approved SR-BSE-2006-
30.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 54365 (August 25,
2006), 71 FR 52192 (September 1, 2006).
\6\ See Securities Exchange Act Release No. 54546 (September 29,
2006), 71 FR 59161 (October 6, 2006).
---------------------------------------------------------------------------
The purpose of this filing is to remove references in Chapters
XXXVII and XXXVIII of the BSE Rules to February 5, 2007 as the
Regulation NMS Trading Phase Date and to replace all references to that
specific date with the phrase ``Regulation NMS Trading Phase Date.''
The Regulation NMS Trading Phase Date is the final date for full
operation of Regulation NMS-compliant trading systems of all automated
trading centers (both SRO trading facilities and ADF participants) that
intend to qualify their quotations for trade-through protection under
Rule 611 of Regulation NMS, as determined by the Commission. In other
words, the BSE Rules will no longer reference a date certain for the
Regulation NMS Trading Phase Date and any occurrence that could have
taken place or that would have been triggered on February 5, 2007, such
as the ability for certain order types to be submitted on the BeX, will
be postponed to coincide with the revised Regulation NMS Trading Phase
Date scheduled by the Commission. Further, this filing replaces all
specific references to the February 5, 2007 date contained in BSE-2006-
30 as modified by Amendment 2 to that filing with the phrase Regulation
NMS Trading Phase Date.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\8\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and to protect investors and the public interest
in that it is designed to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism for a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 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 comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change constitutes a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(1) thereunder.\10\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
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 Exchange 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 rule-comments@sec.gov. Please include
File Number SR-BSE-2007-05 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-2007-05. 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
[[Page 6630]]
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 BSE.
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-2007-05
and should be submitted on or before March 5, 2007.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon
Deputy Secretary
[FR Doc. E7-2251 Filed 2-9-07; 8:45 am]
BILLING CODE 8010-01-P