[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30409-30410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10377]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55807; File No. SR-NSX-2007-06]


Self-Regulatory Organizations; National Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify the Liquidity Provider Rebate Program for Transactions Executed 
Through NSX BLADE in Which the Order Delivery Mode of Interaction Has 
Been Selected

May 23, 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 May 14, 2007, the National Stock Exchange, Inc. (``NSX'' 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. NSX has filed the proposal pursuant to Section 19(b)(3)(A) of 
the Act \3\ and Rule 19b-4(f)(2) 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 change 
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).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing a change to its liquidity provider rebate 
program for transactions that are executed through NSX BLADE, the 
Exchange's new trading platform. The Exchange wishes to modify its 
liquidity provider rebate program for only those orders in which the 
User effecting such order has chosen the order delivery mode of order 
interaction as set forth in NSX Rule 11.13(b)(2) (``Order Delivery''). 
The text of the proposed rule change is available at NSX, the 
Commission's Public Reference Room, and www.nsx.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSX 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. NSX 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 Exchange has created a new state of the art trading platform, 
known as NSX BLADE, which utilizes a strict price/time priority system. 
Pursuant to Exchange Rule 16.1(a), the Exchange maintains a Fee 
Schedule that contains its current fees, dues, and other charges 
applicable to transactions in NSX BLADE (``NSX BLADE Fee Schedule'').
    Currently, the NSX BLADE Fee Schedule provides for an execution fee 
of $0.0030 per share for removing liquidity from NSX BLADE (in other 
words, a charge for taking liquidity against an order in NSX BLADE), 
and a rebate of $0.0030 per share executed for adding liquidity into 
NSX BLADE (in other words, a rebate for the addition of liquidity to 
NSX BLADE, provided that it results in an execution through NSX BLADE) 
regardless of the mode of order interaction chosen by an ETP Holder. 
Thus, ETP Holders taking liquidity against an order in NSX BLADE are 
currently charged a fee of $0.0030 per share executed, and ETP Holders 
providing liquidity into NSX BLADE are currently paid a rebate of 
$0.0030 per share executed. Similarly, orders executed at less than 
$1.00 per share will result in either a rebate or an execution fee for 
a dollar amount equal to 0.3% of the price per share, multiplied by the 
number of shares executed.
    NSX Rule 11.13(b) establishes two separate modes of order 
interaction from which ETP Holders may choose: Automatic Execution and 
Order Delivery. The Exchange is proposing that the NSX BLADE Fee 
Schedule be modified so that ETP Holders who have selected the 
Automatic Execution mode of order interaction pursuant to NSX Rule 
11.13(b)(1) be granted rebates at a different rate than ETP Holders who 
have selected the Order Delivery mode of order interaction. 
Specifically, the Exchange is proposing that the rebate for adding 
liquidity for ETP Holders who have selected Order Delivery be reduced 
to $0.0028 for orders executed at $1.00 or more per share. The rebate 
for adding liquidity for ETP Holders who have selected Order Delivery 
for orders executed at less than $1.00 per share will be reduced to 
0.28% of the price per share, multiplied by the number of shares 
executed. The Exchange believes this change in its liquidity provider 
rebate is appropriate because the Order Delivery mode of order 
interaction involves greater cost and regulatory burden for the 
Exchange. All other liquidity taker fees and liquidity provider rebates 
will remain unchanged.
    Pursuant to NSX Rule 16.1(c), the Exchange will ``provide ETP 
Holders with notice of all relevant dues, fees, assessments and charges 
of the Exchange.'' Accordingly, ETP Holders will, simultaneously with 
this filing, be notified through the issuance of a Regulatory Circular 
of the changes to the NSX BLADE Fee Schedule.
    The Exchange liquidity taker fees and liquidity provider rebates 
have been designed in this manner in order to ensure that the Exchange 
can continue to fulfill its obligations under the Act.
2. Statutory Basis
    NSX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\5\ in general, and with Sections 
6(b)(4) of the Act,\6\ in particular, in that the proposal provides for 
the equitable allocation of reasonable dues, fees, and other charges.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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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 
result in 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 written comments on 
the proposed rule change.

[[Page 30410]]

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)(ii) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4 
thereunder \8\ because it establishes or changes a due, fee, or other 
charge applicable only to a member imposed by the self-regulatory 
organization. Accordingly, the proposal is effective upon Commission 
receipt of the filing. 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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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 [email protected]. Please include 
File Number SR-NSX-2007-06 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-NSX-2007-06. 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 Room. Copies of the filing 
also will be available for inspection and copying at the principal 
office of NSX. 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-NSX-
2007-06 and should be submitted on or before June 21, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-10377 Filed 5-30-07; 8:45 am]
BILLING CODE 8010-01-P