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15734 Federal Register / Vol. 72, No.

62 / Monday, April 2, 2007 / Notices

the provisions of Section 6(b)(4),8 which subject line if e-mail is used. To help the The BSE has designated this proposal as
requires that the rules of an exchange Commission process and review your one changing a due, fee, or other charge
provide for the equitable allocation of comments more efficiently, please use under Section 19(b)(3)(A)(ii) of the Act 3
reasonable dues, fees, and other charges only one method. The Commission will and Rule 19b–4(f)(2) thereunder,4 which
among its members and issuers and post all comments on the Commission’s renders the proposal effective upon
other persons using its facilities. Internet Web site (http://www.sec.gov/ filing with the Commission. The
rules/sro.shtml). Copies of the Commission is publishing this notice to
B. Self-Regulatory Organization’s submission, all subsequent solicit comments on the proposed rule
Statement on Burden on Competition amendments, all written statements change from interested persons.
The proposed rule change does not with respect to the proposed rule
I. Self-Regulatory Organization’s
impose any burden on competition that change that are filed with the
Statement of the Terms of Substance of
is not necessary or appropriate in Commission, and all written
the Proposed Rule Change
furtherance of the purposes of the Act. communications relating to the
proposed rule change between the The BSE proposes to amend the
C. Self-Regulatory Organization’s Boston Equities Exchange (‘‘BeX’’) fee
Commission and any person, other than
Statement on Comments on the schedule to include a smart order
those that may be withheld from the
Proposed Rule Change Received From routing fee to be charged to BSE
public in accordance with the
Members, Participants, or Others Members where a third-party broker-
provisions of 5 U.S.C. 552, will be
No written comments were solicited available for inspection and copying in dealer serves as the ‘‘give-up’’ on an
or received with respect to the proposed the Commission’s Public Reference away Trading Center when the Member
rule change. Room. Copies of such filing also will be on whose behalf the order is being
available for inspection and copying at routed is not also a member of the away
III. Date of Effectiveness of the Trading Center. The text of the proposed
Proposed Rule Change and Timing for the principal office of the Exchange. All
comments received will be posted rule change is available at
Commission Action www.bostonstock.com, at the BSE, and
without change; the Commission does
Within 35 days of the date of not edit personal identifying at the Commission’s Public Reference
publication of this notice in the Federal information from submissions. You Room.
Register or within such longer period (i) should submit only information that II. Self-Regulatory Organization’s
as the Commission may designate up to you wish to make publicly available. All Statement of the Purpose of, and
90 days of such date if it finds such submissions should refer to File Statutory Basis for, the Proposed Rule
longer period to be appropriate and Number SR–Amex–2007–13 and should Change
publishes its reasons for so finding, or be submitted on or before April 23,
(ii) as to which the Amex consents, the 2007. In its filing with the Commission, the
Commission will: Exchange included statements
For the Commission, by the Division of concerning the purpose of, and basis for,
A. By order approve such proposed Market Regulation, pursuant to delegated
rule change; or authority.9
the proposed rule change and discussed
B. Institute proceedings to determine any comments it received on the
Florence E. Harmon,
whether the proposed rule change proposed rule change. The text of these
Deputy Secretary. statements may be examined at the
should be disapproved.
[FR Doc. E7–5982 Filed 3–30–07; 8:45 am] places specified in Item IV below. The
IV. Solicitation of Comments BILLING CODE 8010–01–P Exchange has prepared summaries, set
Interested persons are invited to forth in Sections A, B, and C below, of
submit written data, views, and the most significant aspects of such
SECURITIES AND EXCHANGE statements.
arguments concerning the foregoing,
COMMISSION
including whether the proposed rule A. Self-Regulatory Organization’s
change is consistent with the Act. [Release No. 34–55529; File No. SR–BSE– Statement of the Purpose of, and
Comments may be submitted by any of 2007–13]
Statutory Basis for, the Proposed Rule
the following methods: Change
Self-Regulatory Organizations; Boston
Electronic Comments Stock Exchange, Inc.; Notice of Filing 1. Purpose
• Use the Commission’s Internet and Immediate Effectiveness of
On November 20, 2006, the BSE filed
comment form (http://www.sec.gov/ Proposed Rule Change To Amend the
File No. SR–BSE–2006–44, a rule filing
rules/sro.shtml); or Existing BeX Fee Schedule
that amended the existing BSE fee
• Send an e-mail to rule- March 26, 2007. schedule and established a fee schedule
comments@sec.gov. Please include File Pursuant to Section 19(b)(1) of the for the BeX, a facility of the Exchange.
Number SR–Amex–2007–13 on the Securities Exchange Act of 1934 File No. SR–BSE–2006–44 resulted in,
subject line. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 among other things, the deletion of all
Paper Comments notice is hereby given that on March 5, Transaction Fees, Electronic File Access
2007, the Boston Stock Exchange, Inc. and Processing Fees, and Floor
• Send paper comments in triplicate (‘‘BSE’’ or ‘‘Exchange’’) filed with the Operation Fees from the BSE fee
to Nancy M. Morris, Secretary, Securities and Exchange Commission. schedule. The Transaction Fees and
Securities and Exchange Commission, (‘‘Commission’’) the proposed rule Electronic File Access and Processing
Station Place, 100 F Street, NE., change as described in Items I, II, and Fees that were deleted from the BSE fee
hsrobinson on PROD1PC76 with NOTICES

Washington, DC 20549–1090. III below, which Items have been schedule were transferred to the BeX fee
All submissions should refer to File substantially prepared by the Exchange. schedule. In addition to the transfer of
Number SR–Amex–2007–13. This file existing fees from the BSE fee schedule
number should be included on the 9 17 CFR 200.30–3(a)(12).
11 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(ii).
8 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(2).

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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15735

to the BeX fee schedule, certain new 2. Statutory Basis Electronic Comments
fees were added to the BeX fee The Exchange believes that the
schedule. For example, BeX now • Use the Commission’s Internet
proposed rule change is consistent with comment form (http://www.sec.gov/
charges a smart order routing fee of the requirements of Section 6(b) of the
$0.0010 per 100 shares. The purpose of rules/sro.shtml); or
Act,6 in general, and furthers the
the instant proposed rule change is to objectives of Section 6(b)(4) of the Act,7 • Send an e-mail to rule-
update the BeX fee schedule to reflect in particular, in that it is designed to comments@sec.gov. Please include File
a new smart order routing fee that will provide for the equitable allocation of Number SR–BSE–2007–13 on the
be charged to Members when the reasonable dues, fees and other charges subject line.
Member on whose behalf an order is among Exchange members and issuers
routed is not also a member or Paper Comments
and other persons using Exchange
subscriber of the away Trading Center facilities. • Send paper comments in triplicate
and, as a result, must utilize the ‘‘give-
B. Self-Regulatory Organization’s to Nancy M. Morris, Secretary,
up’’ services provided through the
Statement on Burden on Competition Securities and Exchange Commission,
Exchange.
Station Place, 100 F Street, NE,
As described in Chapter XXXVIII, The Exchange does not believe that Washington, DC 20549–1090.
Section 3 of the Exchange’s Rules, the the proposed rule change will impose
Exchange will route orders to other any burden on competition that is not All submissions should refer to File
Trading Center under certain necessary or appropriate in furtherance Number SR–BSE–2007–13. This file
circumstances (‘‘Routing Services’’). The of the purposes of the Act. number should be included on the
Exchange provides its Routing Services subject line if e-mail is used. To help the
C. Self-Regulatory Organization’s Commission process and review your
pursuant to the terms of three separate Statement on Comments on the
agreements: (1) An agreement between comments more efficiently, please use
Proposed Rule Change Received From only one method. The Commission will
the Exchange and each Member on Members, Participants, or Others
whose behalf orders will be routed post all comments on the Commission’s
(‘‘Member-Exchange Agreement’’); (2) The Exchange has neither solicited Internet Web site (http://www.sec.gov/
an agreement between the Exchange and nor received comments on the proposed rules/sro.shtml). Copies of the
each third-party broker-dealer that will rule change. submission, all subsequent
serve as a ‘‘give-up’’ on an away Trading amendments, all written statements
III. Date of Effectiveness of the
Center when the Member on whose with respect to the proposed rule
Proposed Rule Change and Timing for
behalf an order is routed is not also a change that are filed with the
Commission Action
member or subscriber of the away Commission, and all written
The foregoing proposed rule change communications relating to the
Trading Center (‘‘Give-Up Agreement’’);
has been designated as a fee change proposed rule change between the
and (3) an agreement between the
pursuant to Section 19(b)(3)(A)(ii) of the Commission and any person, other than
Exchange and a third-party service
Act 8 and Rule 19b–4(f)(2) thereunder,9 those that may be withheld from the
provider (‘‘Technology Provider’’)
because it establishes or changes a due, public in accordance with the
pursuant to which the Exchange
fee or other charge imposed by the provisions of 5 U.S.C. 552, will be
licenses the routing technology used by Exchange. Accordingly, the proposal
the Exchange for its Routing Services available for inspection and copying in
will take effect upon filing with the the Commission’s Public Reference
(‘‘Exchange-Technology Provider Commission.
Agreement’’). Room. Copies of such filing also will be
At any time within 60 days of the available for inspection and copying at
The new smart order routing fee being filing of the proposed rule change the the principal office of the BSE. All
added to the BeX fee schedule relates to Commission may summarily abrogate comments received will be posted
the second scenario set forth above, such rule change if it appears to the without change; the Commission does
where a third-party broker-dealer serves Commission that such action is not edit personal identifying
as the ‘‘give-up’’ on an away Trading necessary or appropriate in the public information from submissions. You
Center when the Member on whose interest, for the protection of investors, should submit only information that
behalf the order is being routed is not or otherwise in furtherance of the you wish to make available publicly. All
also a member of the away Trading purposes of the Act. submissions should refer to File
Center. The new fee is called the ‘‘Smart Number SR–BSE–2007–13 and should
IV. Solicitation of Comments
order routing using BeX provided give- be submitted on or before April 23,
up’’ fee and the charge is $0.0050 per Interested persons are invited to 2007.
100 shares.5 submit written data, views and
arguments concerning the foregoing, For the Commission, by the Division of
5 The Exchange represents that the new fee of including whether the proposed rule Market Regulation, pursuant to delegated
$0.0050 per 100 shares will be charged in lieu of, change is consistent with the Act. authority.10
and not in addition to, the currently existing ‘‘Smart Comments may be submitted by any of Florence E. Harmon,
order routing’’ fee of $0.0010 per 100 shares for the following methods:
those orders using a BeX-provided give-up. Deputy Secretary.
Telephone conversation between Brian Donnelly,
6 15
[FR Doc. E7–5963 Filed 3–30–07; 8:45 am]
Assistant Vice President, Regulation and U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(4). BILLING CODE 8010–01–P
Compliance, BSE, and David Michehl, Special
hsrobinson on PROD1PC76 with NOTICES

8 15 U.S.C. 78s(b)(3)(A)(ii).
Counsel, Division of Market Regulation,
10 17 CFR 200.30–3(a)(12).
Commission, on March 19, 2007. 9 17 CFR 240.19b–4(f)(2).

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