

[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]               
[Page 58020-58021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc06-131]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54507; File No. SR-BSE-2006-36]

 
Self-Regulatory Organizations; Boston Stock Exchange, Inc.; 
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto 
Relating to the Market Opening Pilot Program for the Boston Options 
Exchange Facility

September 26, 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 1, 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, II 
and III below, which Items have been prepared by the BSE. On September 
18, 2006, the BSE 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 persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced the original filing in its 
entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The BSE is proposing to retroactively reinstate the pilot program 
related to market opening procedures on the Boston Options Exchange 
facility.\4\ The pilot program expired on August 6, 2006. The BSE is 
proposing to retroactively reinstate the pilot program for the time 
period August 6, 2006 through September 1, 2006. The BSE does not 
propose to make any substantive changes to the pilot program rules. The 
only change to be achieved by this rule filing is to retroactively 
reinstate the pilot program for the time period August 6, 2006 through 
September 1, 2006.\5\
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    \4\ The BSE filed another proposed rule, SR-BSE-2006-37, in 
order to extend the market opening procedures pilot program from 
September 1, 2006 to August 6, 2007. See Securities Exchange Act 
Release No. 54467 (September 20, 2006).
    \5\ The Commission has previously approved proposals to extend 
pilot programs on a retroactive basis when an extension was not 
filed prior to the expiration date. See Securities Exchange Act 
Release No. 50097 (July 27, 2004), 69 FR 46609 (August 3, 2004) 
(File No. SR-NASD-2004-112).
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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 BSE included statements 
concerning the purpose of, and basis for, the proposed rule change, as 
amended, and discussed any comments it received on the proposed rule 
change, as amended. 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 August 6, 2006 the market opening procedures pilot program 
expired. The purpose of this proposed rule change is to retroactively 
reinstate the market opening procedures pilot program for the time 
period August 6, 2006 through September 1, 2006 so as to avoid an 
interruption in that pilot program. The BSE is not proposing any other 
changes to the market opening procedures pilot with this filing.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b) of the Act \6\ in general, and Section 
6(b)(5) of the Act\7\ in particular, that an exchange have rules that 
are designed to prevent fraudulent and manipulative practices, to 
promote just and equitable principles of trade, 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. In 
particular, the proposed rule change will avoid an interruption of the 
pilot program which provides a quicker, more efficient, fair and 
orderly market opening process.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The BSE does not believe that the proposed rule change, as amended, 
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 BSE did not receive any written comments on the proposed rule 
change, as amended.

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 the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, as amended; or
    B. Institute proceedings to determine whether the proposed rule 
change, as amended, 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, 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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-BSE-2006-36 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-BSE-2006-36. 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

[[Page 58021]]

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-2006-36 and should be 
submitted on or before October 23, 2006.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
[FR Doc. E6-16164 Filed 9-29-06; 8:45 am]

BILLING CODE 8010-01-P
