Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Order Approving Proposed Rule Change and Amendments No. 1 and 2 Relating to the Boston Options Exchange's Minor Rule Violation Plan, 19221-19222 [E7-7225]

Download as PDF Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Notices (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Nazareth, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the Closed Meeting scheduled for Thursday, April 19, 2007 will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Litigation matters; and Other matters related to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: April 12, 2007. Nancy M. Morris, Secretary. [FR Doc. E7–7282 Filed 4–16–07; 8:45 am] 2. Irwin Resources, Inc., is a Delaware company with offices in Vancouver, British Columbia, Canada. Questions have arisen regarding the adequacy and accuracy of press releases concerning the company’s current financial condition, management, operations, and transactions involving the issuance of the company’s shares. 3. Peopleline Telecom, Inc. is a Nevada company based in Los Angeles, California. Questions have arisen regarding the adequacy and accuracy of press releases concerning the company’s operations and concerning stock promoting activity. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the companies listed above. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the companies listed above is suspended for the period from 9:30 a.m. EDT, April 13, 2007, through 11:59 p.m. EDT, on April 26, 2007. By the Commission. J. Lynn Taylor, Assistant Secretary. [FR Doc. 07–1913 Filed 4–13–07; 12:56 pm] BILLING CODE 8010–01–P BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION SECURITIES AND EXCHANGE COMMISSION [File No. 500.1] [Release No. 34–55606; File No. SR–BSE– 2006–11] In the Matter of Certain Companies Quoted on the Pink Sheets: Amerossi EC, Inc., Irwin Resources, Inc., Peopleline Telecom, Inc.; Order of Suspension of Trading Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Order Approving Proposed Rule Change and Amendments No. 1 and 2 Relating to the Boston Options Exchange’s Minor Rule Violation Plan sroberts on PROD1PC70 with NOTICES April 13, 2007. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of the issuers listed below. As set forth below for each issuer, questions have arisen regarding the adequacy and accuracy of publicly disseminated information concerning, among other things: (1) The companies’ assets, (2) the companies’ business operations, (3) the companies’ current financial condition, and/or (4) financing arrangements involving the issuance of the companies’ shares. 1. Amerossi EC, Inc. is a Wyoming company with offices in Bangkok, Thailand. Questions have arisen regarding the adequacy and accuracy of press releases concerning the company’s operations. VerDate Aug<31>2005 19:39 Apr 16, 2007 Jkt 211001 April 10, 2007. On March 6, 2006, the Boston Stock Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to amend Chapter X of the Boston Options Exchange (‘‘BOX’’) Rules, BOX’s minor rule violation plan (‘‘BOX MRVP’’). The Exchange filed Amendments No. 1 and 2 to the proposed rule change on June 28, 2006, and July 14, 2006, respectively. The proposed rule change, as amended, was published for comment in the Federal 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00057 Fmt 4703 Sfmt 4703 19221 Register on March 7, 2007.3 The Commission received no comments regarding the proposal. This order approves the proposed rule change, as modified by Amendments No. 1 and 2. The Exchange proposed to make the following actions subject to the BOX MRVP: • contrary exercise advice infractions (in violation of BOX Rule Chapter VII, Section 1(c), (d), (f), and (g)); • locked and crossed market infringements (in violation of BOX Rule Chapter XII, Section 4); • Market Maker assigned activity violations (in violation of BOX Rule Chapter VI, Section 4(e)); • Market Maker’s failure to respond to a request for a quote within the designated time limit (in violation of BOX Rule Chapter VI, Section 6(b)(ii)– (iii)); and • trade-through violations (in violation of BOX Rule Chapter XII, Section 3(a)). The sanctions imposed would include the application of a fine for each violation and an increased fine amount for repeat violations. In the instance of a trade-through violation, the rule proposal would also allow BOX Regulation to require the Options Participant 4 to disgorge any gains from transactions in violation of the tradethrough rules. The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.5 In particular, the Commission believes that the proposal is consistent with Section 6(b)(5) of the Act,6 which requires that the rules of an exchange be designed to promote just and equitable principles of trade, to remove impediments to and to perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission further believes that the proposal is consistent with Sections 6(b)(1) and 6(b)(6) of the Act,7 which require that the rules of an exchange enforce compliance with, and provide appropriate discipline for, violations of Commission and Exchange rules. In addition, because BSE Rule Chapter 3 See Securities Exchange Act Release No. 55373 (February 28, 2007), 72 FR 10276. 4 See BOX Rule Chapter I, Section 1(a)(40) for definition of ‘‘Options Participants.’’ 5 In approving this proposed rule change, the Commission notes that it has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78f(b)(1) and 78f(b)(6). E:\FR\FM\17APN1.SGM 17APN1 sroberts on PROD1PC70 with NOTICES 19222 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Notices XVIII provides procedural rights to contest the fine imposed pursuant to the BOX MRVP and permits disciplinary proceedings on the matter, the Commission believes that BOX Rule Chapter X, as amended by this proposal, provides a fair procedure for the disciplining of members and persons associated with members, consistent with Sections 6(b)(7) and 6(d)(1) of the Act.8 Finally, the Commission finds that the proposal is consistent with the public interest, the protection of investors, or otherwise in furtherance of the purposes of the Act, as required by Rule 19d– 1(c)(2) under the Act 9 which governs minor rule violation plans. The Commission believes that the proposed rule change would strengthen the Exchange’s ability to carry out its oversight and enforcement responsibilities as a self-regulatory organization in cases where full disciplinary proceedings are unsuitable in view of the minor nature of the particular violation. In approving this proposed rule change the Commission in no way minimizes the importance of compliance with BOX rules and all other rules subject to the imposition of fines under the BOX MRVP. The Commission believes that the violation of any self-regulatory organization’s rules, as well as Commission rules, is a serious matter. However, the BOX MRVP provides a reasonable means of addressing rule violations that do not rise to the level of requiring formal disciplinary proceedings, while providing greater flexibility in handling certain violations. The Commission expects that BSE would continue to conduct surveillance with due diligence and make a determination based on its findings, on a case-by-case basis, whether a fine of more or less than the recommended amount is appropriate for a violation under the BOX MRVP or whether a violation requires formal disciplinary action under BSE Rule Chapter XXX. It is therefore ordered, pursuant to Section 19(b)(2) of the Act 10 and Rule 19d–1(c)(2) under the Act,11 that the proposed rule change (SR–BSE–2006– 11), as modified by Amendments No. 1 and 2, be, and hereby is, approved and declared effective. 8 15 U.S.C. 78f(b)(7) and 78f(d)(1). CFR 240.19d–1(c)(2). 10 15 U.S.C. 78s(b)(2). 11 17 CFR 240.19d–1(c)(2). 19:39 Apr 16, 2007 BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55613; File No. SR–CHX– 2007–11] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Participant Fees and Credits April 10, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 22, 2007, 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 substantially prepared by the CHX. On April 10, 2007, the CHX filed Amendment No. 1 to the proposed rule change. 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 CHX proposes to amend its Schedule of Participant Fees and Credits (the ‘‘Fee Schedule’’) to remove provisions that are no longer in effect due to the roll-out of the Exchange’s new trading model. The text of this proposed rule change is available at the CHX, on the Exchange’s Web site at https://www.chx.com/rules/ proposed_rules.htm, and in 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 CHX included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed 12 17 CFR 200.30–3(a)(12); 17 CFR 200.30– 3(a)(44). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 9 17 VerDate Aug<31>2005 For the Commission, by the Division of Market Regulation, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–7225 Filed 4–16–07; 8:45 am] Jkt 211001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 rule change. 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 On January 26, 2007, the CHX completed the transition to its new trading model.3 The Exchange now proposes to amend its Fee Schedule to delete several provisions that are no longer in effect as a result of that transition. The provisions of the Fee Schedule that would be deleted through this filing include: (1) Section E(8) (Transaction and Order Processing Fees Associated with Securities Not Yet Traded in the Matching System); (2) Parts of Section F(2) (Institutional Broker Credits); (3) Section F(4) (TwoSided Quote Providers); (4) Section L (Space Charges); and (5) Section M (Equipment, Information Services and Technology Charges). Each of these provisions currently contains an introductory note confirming that it is only in effect until the transition to the new trading model or contains an effective date that has been exceeded.4 Because of the transition to the new trading model, these fees are no longer in effect for the Exchange’s participants.5 3 See Securities Exchange Act Release No. 54550 (September 29, 2006); 71 FR 59563 (October 10, 2006) (SR–CHX–2006–05) (approving rules for the new trading model). 4 See, e.g., Section E(8) of the Fee Schedule (confirming that ‘‘these fees will continue to be charged as the Exchange transitions to its new trading model, but will be eliminated as each issue transitions to the new trading model’’); see also Section F(4) of the Fee Schedule (noting that it is in effect through October 31, 2006). 5 For example, an additional network/ connectivity fee credit was available to institutional brokers until the completion of the new trading model rollout. See Section F(2) of the Fee Schedule. Similarly, with the transition to the new trading model, the CHX no longer operates a physical trading floor; as a result, the space and equipment charges are no longer charged to participants pursuant to the Fee Schedule, but are instead part of separate agreements between the Exchange and any firms that sublease space on the Exchange’s former trading floor. See Sections L and M of the Fee Schedule. E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Pages 19221-19222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7225]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55606; File No. SR-BSE-2006-11]


Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Order 
Approving Proposed Rule Change and Amendments No. 1 and 2 Relating to 
the Boston Options Exchange's Minor Rule Violation Plan

April 10, 2007.
    On March 6, 2006, the Boston Stock Exchange, Inc. (``BSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend Chapter X of the Boston Options Exchange 
(``BOX'') Rules, BOX's minor rule violation plan (``BOX MRVP''). The 
Exchange filed Amendments No. 1 and 2 to the proposed rule change on 
June 28, 2006, and July 14, 2006, respectively. The proposed rule 
change, as amended, was published for comment in the Federal Register 
on March 7, 2007.\3\ The Commission received no comments regarding the 
proposal. This order approves the proposed rule change, as modified by 
Amendments No. 1 and 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55373 (February 28, 
2007), 72 FR 10276.
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    The Exchange proposed to make the following actions subject to the 
BOX MRVP:
     contrary exercise advice infractions (in violation of BOX 
Rule Chapter VII, Section 1(c), (d), (f), and (g));
     locked and crossed market infringements (in violation of 
BOX Rule Chapter XII, Section 4);
     Market Maker assigned activity violations (in violation of 
BOX Rule Chapter VI, Section 4(e));
     Market Maker's failure to respond to a request for a quote 
within the designated time limit (in violation of BOX Rule Chapter VI, 
Section 6(b)(ii)-(iii)); and
     trade-through violations (in violation of BOX Rule Chapter 
XII, Section 3(a)).
    The sanctions imposed would include the application of a fine for 
each violation and an increased fine amount for repeat violations. In 
the instance of a trade-through violation, the rule proposal would also 
allow BOX Regulation to require the Options Participant \4\ to disgorge 
any gains from transactions in violation of the trade-through rules.
---------------------------------------------------------------------------

    \4\ See BOX Rule Chapter I, Section 1(a)(40) for definition of 
``Options Participants.''
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    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange.\5\ In 
particular, the Commission believes that the proposal is consistent 
with Section 6(b)(5) of the Act,\6\ which requires that the rules of an 
exchange be designed to promote just and equitable principles of trade, 
to remove impediments to and to perfect the mechanism of a free and 
open market and a national market system, and, in general, to protect 
investors and the public interest. The Commission further believes that 
the proposal is consistent with Sections 6(b)(1) and 6(b)(6) of the 
Act,\7\ which require that the rules of an exchange enforce compliance 
with, and provide appropriate discipline for, violations of Commission 
and Exchange rules. In addition, because BSE Rule Chapter

[[Page 19222]]

XVIII provides procedural rights to contest the fine imposed pursuant 
to the BOX MRVP and permits disciplinary proceedings on the matter, the 
Commission believes that BOX Rule Chapter X, as amended by this 
proposal, provides a fair procedure for the disciplining of members and 
persons associated with members, consistent with Sections 6(b)(7) and 
6(d)(1) of the Act.\8\
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    \5\ In approving this proposed rule change, the Commission notes 
that it has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \8\ 15 U.S.C. 78f(b)(7) and 78f(d)(1).
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    Finally, the Commission finds that the proposal is consistent with 
the public interest, the protection of investors, or otherwise in 
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2) 
under the Act \9\ which governs minor rule violation plans. The 
Commission believes that the proposed rule change would strengthen the 
Exchange's ability to carry out its oversight and enforcement 
responsibilities as a self-regulatory organization in cases where full 
disciplinary proceedings are unsuitable in view of the minor nature of 
the particular violation.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    In approving this proposed rule change the Commission in no way 
minimizes the importance of compliance with BOX rules and all other 
rules subject to the imposition of fines under the BOX MRVP. The 
Commission believes that the violation of any self-regulatory 
organization's rules, as well as Commission rules, is a serious matter. 
However, the BOX MRVP provides a reasonable means of addressing rule 
violations that do not rise to the level of requiring formal 
disciplinary proceedings, while providing greater flexibility in 
handling certain violations. The Commission expects that BSE would 
continue to conduct surveillance with due diligence and make a 
determination based on its findings, on a case-by-case basis, whether a 
fine of more or less than the recommended amount is appropriate for a 
violation under the BOX MRVP or whether a violation requires formal 
disciplinary action under BSE Rule Chapter XXX.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act 
\10\ and Rule 19d-1(c)(2) under the Act,\11\ that the proposed rule 
change (SR-BSE-2006-11), as modified by Amendments No. 1 and 2, be, and 
hereby is, approved and declared effective.
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    \10\ 15 U.S.C. 78s(b)(2).
    \11\ 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(44).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-7225 Filed 4-16-07; 8:45 am]
BILLING CODE 8010-01-P
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