[Federal Register Volume 64, Number 7 (Tuesday, January 12, 1999)]
[Notices]
[Pages 1841-1842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-598]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-40879; File No. SR-BSE-98-13]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the Boston Stock Exchange, 
Inc. Relating to Portfolio Depositary Receipts

January 4, 1999.
    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 December 8, 1998, the Boston Stock Exchange, Inc. (``BSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III below, which Items have been prepared by the 
BSE.\3\ The Commission is publishing this notice to solicit comments on 
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The BSE submitted Amendment No. 1 to the proposed rule 
change, which made certain non-substantive textual changes and 
redesignated the proposal as immediately effective pursuant to 
section 19(b)(3)(A) of the Act and Rule 19b-4(e)(6) thereunder. See 
letter from Karen A. Aluise, Vice President, BSE, to Anitra Cassas, 
Attorney, Division of Market Regulation, Commission, dated December 
18, 1998.
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The BSE seeks to amend section 5 of Chapter XXIV of its rules 
regarding Portfolio Depositary Receipts to insert trademark information 
concerning Standard & Poor's products. The text of the proposed rule 
change is available at the Office of the Secretary, the BSE and at the 
Commission.

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
    The purpose of the proposed rule change is to amend Section 5 of 
Chapter XXIV of BSE rules regarding Portfolio Depositary Receipts to 
insert a footnote regarding Standard & Poor's standard trademark 
information and the Exchange's right to limited use of those marks 
pursuant to a license agreement with Standard & Poor's.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
section 6(b) \4\ of the Act, in general, and furthers the objectives of 
section 6(b)(5),\5\ in particular, in that it is designed to promote 
just and equitable principles of trade; to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
and processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and, in general, to protect 
inverstors and the public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 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 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 either solicited or received on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing 
for Commission Action

    Because the foregoing proposed rule change: (1)-- Does not 
significantly affect the protection of investors or the public 
interest; (2) does not impose any significant burden on competition; 
and (3) does not become operative for 30 days from December 8, 1998, 
the date on which it was filed, the proposed rule change has become 
effective pursuant to section 19(b)(3)(A) of the Act \6\ and 
subparagraph (e)(6) of Rule 19b-4 thereunder.\7\ Although Rule 19b-
4(e)(6) requires that an Exchange submit a notice of its intent to file 
at least five days prior to the filing date, the Commission waived this 
period for the proposed rule change at the Exchange's request.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(e)(6).
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    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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 
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

[[Page 1842]]

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 with also be available for inspection and copying at the 
principal office of the BSE. All submissions should refer to File No. 
SR-BSE-98-13 and should be submitted by February 2, 1999.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-598 Filed 1-11-99; 8:45 am]
BILLING CODE 8010-01-M