[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5610-5611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1598]



[[Page 5610]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57195; File No. SR-BSE-2008-04]


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

January 24, 2008.
    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 January 18, 2008, 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 substantially prepared by the BSE. The 
BSE filed the proposed rule change as a ``non-controversial'' proposed 
rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \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)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the effective date of the amended 
rule governing the Exchange's Directed Order process on the Boston 
Options Exchange (``BOX'') from January 31, 2008, to January 31, 2009. 
The text of the proposed rule change is available on BSE's Web site at 
http://www.bostonoptions.com, at BSE's principal office, and at 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 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 14, 2006, the BSE proposed an amendment to its rules 
governing its Directed Order \5\ process on BOX.\6\ 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, (``Pilot Program'') while the Commission considered a 
corresponding Exchange proposal \7\ 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.
---------------------------------------------------------------------------

    \5\ Capitalized terms not otherwise defined herein shall have 
the meanings prescribed within the BOX Rules.
    \6\ See Securities Exchange Act Release No. 53516 (March 20, 
2006), 71 FR 15232 (March 27, 2006) (SR-BSE-2006-14).
    \7\ See Securities Exchange Act Release No. 53357 (February 23, 
2006), 71 FR 10730 (March 2, 2006) (SR-BSE-2005-52).
---------------------------------------------------------------------------

    On June 20, 2006, the Exchange proposed extending the effective 
date of the rule governing its Directed Order process on BOX from June 
30, 2006 to September 30, 2006,\8\ while the Commission continued to 
consider the corresponding Exchange proposal.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 54082 (June 30, 
2006), 71 FR 38913 (July 10, 2006) (SR-BSE-2006-29).
---------------------------------------------------------------------------

    On September 11, 2006, January 16, 2007, and July 2, 2007, the 
Exchange proposed extending the effective date of the amended rule 
governing the Directed Order process on the BOX from September 30, 2006 
until January 31, 2007,\9\ from January 31, 2007 until July 31, 
2007,\10\ and from July 31, 2007 until January 31, 2008,\11\ 
respectively, while the Commission considered the corresponding 
Exchange proposal 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.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 54469 (September 19, 
2006), 71 FR 56201 (September 26, 2006) (SR-BSE-2006-38).
    \10\ See Securities Exchange Act Release No. 55139 (January 19, 
2007), 72 FR 3448 (January 25, 2007) (SR-BSE-2007-01).
    \11\ See Securities Exchange Act Release No. 56014 (July 5, 
2007), 72 FR 38104 (July 12, 2007) (SR-BSE-2007-31).
---------------------------------------------------------------------------

    This filing from the Exchange again proposes extending the 
effective date of the amended rule governing its Directed Order process 
on BOX, from January 31, 2008 to January 31, 2009.\12\ In the event the 
Commission reaches a decision with respect to the corresponding 
Exchange proposal to amend its rules before January 31, 2009, the 
amended rule governing the Exchange's Directed Order process on the BOX 
will cease to be effective at the time of that decision.
---------------------------------------------------------------------------

    \12\ In the event that the issue of anonymity in the Directed 
Order process is not resolved by January 31, 2009, the Exchange will 
consider whether to submit another filing under Rule 19b-4(f)(6) 
extending this rule and system process.
---------------------------------------------------------------------------

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 January 31, 2008 to January 31, 2009. 
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 this proposal 
is consistent with the requirements of Section 6(b) of the Act,\13\ in 
general, and Section 6(b)(5) of the Act,\14\ 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 proposed rule change: (1) Does not 
significantly affect

[[Page 5611]]

the protection of investors or the public interest; (2) does not impose 
any significant burden on competition; and (3) by its terms does not 
become operative for 30 days after the date of this filing, or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) \15\ of the 
Act and Rule 19b-4(f)(6) thereunder.\16\ As required under Rule 19b-
4(f)(6)(iii),\17\ the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least five 
business days prior to the date of the filing of the proposed rule 
change.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally 
may not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \19\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The BSE requests that the Commission 
waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\20\ which would make the rule change effective and 
operative upon filing. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because such waiver would continue to conform the BOX 
rules to BOX's current practice and clarify that Directed Orders on BOX 
are not anonymous without interruption.\21\ Accordingly, the Commission 
designates the proposed rule change operative upon filing with the 
Commission.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ Id.
    \21\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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.

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-BSE-2008-04 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-2008-04. 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, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of 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-2008-04 and should be 
submitted on or before February 20, 2008.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1598 Filed 1-29-08; 8:45 am]
BILLING CODE 8011-01-P