

[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Notices]               
[Page 56201-56202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se06-124]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54469; File No. SR-BSE-2006-38]

 
Self-Regulatory Organizations; Boston Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Effective Date of the Previously Approved Rule Relating to 
Information Contained in a Directed Order

September 19, 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 September 11, 2006, the Boston Stock Exchange, Inc. (``BSE'' or 
``Exchange'') 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 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 from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The BSE proposes to extend the effective date of the Exchange's 
Directed Order process on the Boston Options Exchange (``BOX'') from 
September 30, 2006 to January 31, 2007.

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. The 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 March 20, 2006, the BSE proposed an amendment to its rules 
governing its Directed Order process on the BOX.\5\ The rules were 
amended to clearly state that the BOX Trading Host identifies to an 
Executing Participant (``EP'') the identity of the firm entering a 
Directed Order. The amended rule was to be effective until June 30, 
2006, while the Commission considered a corresponding Exchange proposal 
\6\ to amend its rules to permit EPs to choose the firms from whom they 
will accept Directed Orders, while providing complete anonymity of the 
firm entering a Directed Order.
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    \5\ See Securities Exchange Act Release No. 53516 (Mar. 20, 
2006), 71 FR 15232 (Mar. 27, 2006) (Notice of Filing and Immediate 
Effectiveness of SR-BSE-2006-14).
    \6\ See Securities Exchange Act Release No. 53357 (Feb. 23, 
2006), 71 FR 10730 (March 2, 2006) (Notice of Filing of SR-BSE-2005-
52).
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    On June 30, 2006, the Exchange proposed extending the effective 
date of the rule governing its Directed Order process on the BOX from 
June 30, 2006 to September 30, 2006 \7\ while the Commission continued 
to consider the corresponding Exchange proposal to amend its rules to 
permit EPs to choose the firms from whom they would accept Directed 
Orders, while providing complete anonymity of the firm entering a 
Directed Order.
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    \7\ See Securities Exchange Act Release No. 54082 (June 30, 
2006), 71 FR 38913 (July 10, 2006) (Notice of Filing and Immediate 
Effectiveness of SR-BSE-2006-29).
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    The Exchange now proposes another extension of the effective date 
of the amended rule governing its Directed Order process on BOX from 
September 30, 2006 to January 31, 2007. In the event the Commission 
reaches a decision with respect to the corresponding Exchange proposal 
to amend its rules before January 31, 2007, the amended rule governing 
the Exchange's Directed Order process on the BOX will cease to be 
effective at the time of that decision.
    This filing proposes to extend the effective date of the approved 
amended rule governing the Exchange's Directed Order process on the BOX 
from September 30, 2006 to January 31, 2007.\8\
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    \8\ In the event that the issue of anonymity in the Directed 
Order process is not resolved by January 31, 2007, the Exchange 
intends to submit another filing under Rule 19b-4(f)(6) extending 
this rule and system process.

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[[Page 56202]]

2. Statutory Basis
    The amended rule is designed to clarify the information contained 
in a Directed Order. This proposed rule filing seeks to extend the 
amended rule's effectiveness from September 30, 2006 to January 31, 
2007. This extension will afford the Commission the necessary time to 
consider the Exchange's corresponding proposal to amend its rule to 
permit EPs to choose the firms from whom they will accept Directed 
Orders while providing complete anonymity of the firm entering a 
Directed Order. Accordingly, the Exchange believes that the proposal is 
consistent with the requirements of Section 6(b) of the Act,\9\ in 
general, and Section 6(b)(5) of the Act,\10\ in particular, in that it 
is designed to foster cooperation and coordination with persons engaged 
in regulating, clearing, settling, processing information with respect 
to, and facilitating transaction 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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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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

    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 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 if consistent with the protection of investors 
and the public interest, provided that the Exchange has given the 
Commission written notice of its intent to file the proposed rule 
change prior to the date of filing of the proposed rule change or such 
shorter time as designated by the Commission, the proposed rule change 
has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ 
and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    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)(iii) of the Act,\13\ 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. The Exchange has 
requested that the Commission waive the five day pre-filing requirement 
and the 30-day operative delay, which would make the rule change 
effective and operative upon filing. The Commission, consistent with 
the protection of investors and the public interest, has determined to 
waive the five day pre-filing requirement and the 30-day operative 
delay because such waiver would continue to conform the BOX rules with 
BOX's current practice and clarify that Directed Orders on BOX are not 
anonymous.\14\ Accordingly, the Commission designates the proposed rule 
change effective and operative upon filing with the Commission.
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative period 
for this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition, and capital formation. 15 U.S.C. 
78c(f).
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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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-BSE-2006-38 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-2006-38. 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 (http://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 Section, 100 F Street, 
NE., Washington, DC 20549. 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-2006-38 and should be 
submitted on or before October 17, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. 06-8244 Filed 9-25-06; 8:45 am]

BILLING CODE 8010-01-U
