15734 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 

8 15 U.S.C. 78f(b)(4). 

9 17 CFR 200.30–3(a)(12). 

1 1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

the provisions of Section 6(b)(4),8 which 

requires that the rules of an exchange 

provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 solicited 

or received with respect to the proposed 

rule change. 

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 Amex consents, the 

Commission will: 

A. By order approve such proposed 

rule change; or 

B. Institute proceedings to determine 

whether the proposed rule change 

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 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 rulecomments@sec.gov. Please include File 

Number SR–Amex–2007–13 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–Amex–2007–13. 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 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 publicly available. All 

submissions should refer to File 

Number SR–Amex–2007–13 and should 

be submitted on or before April 23, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–5982 Filed 3–30–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55529; File No. SR–BSE–

2007–13] 

Self-Regulatory Organizations; Boston 

Stock Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Amend the 

Existing BeX Fee Schedule 

March 26, 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 March 5, 

2007, 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 

substantially prepared by the Exchange. 

The BSE has designated this proposal as 

one changing a due, fee, or other charge 

under Section 19(b)(3)(A)(ii) 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The BSE proposes to amend the 

Boston Equities Exchange (‘‘BeX’’) fee 

schedule to include a smart order 

routing fee to be charged to BSE 

Members where a third-party brokerdealer serves as the ‘‘give-up’’ on an 

away Trading Center when the Member 

on whose behalf the order is being 

routed is not also a member of the away 

Trading Center. The text of the proposed 

rule change is available at 

www.bostonstock.com, at the BSE, 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 

Exchange 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 

Exchange 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 November 20, 2006, the BSE filed 

File No. SR–BSE–2006–44, a rule filing 

that amended the existing BSE fee 

schedule and established a fee schedule 

for the BeX, a facility of the Exchange. 

File No. SR–BSE–2006–44 resulted in, 

among other things, the deletion of all 

Transaction Fees, Electronic File Access 

and Processing Fees, and Floor 

Operation Fees from the BSE fee 

schedule. The Transaction Fees and 

Electronic File Access and Processing 

Fees that were deleted from the BSE fee 

schedule were transferred to the BeX fee 

schedule. In addition to the transfer of 

existing fees from the BSE fee schedule 


hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 15735 

5The Exchange represents that the new fee of 

$0.0050 per 100 shares will be charged in lieu of, 

and not in addition to, the currently existing ‘‘Smart 

order routing’’ fee of $0.0010 per 100 shares for 

those orders using a BeX-provided give-up. 

Telephone conversation between Brian Donnelly, 

Assistant Vice President, Regulation and 

Compliance, BSE, and David Michehl, Special 

Counsel, Division of Market Regulation, 

Commission, on March 19, 2007. 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A)(ii). 

9 17 CFR 240.19b–4(f)(2). 10 17 CFR 200.30–3(a)(12). 

to the BeX fee schedule, certain new 

fees were added to the BeX fee 

schedule. For example, BeX now 

charges a smart order routing fee of 

$0.0010 per 100 shares. The purpose of 

the instant proposed rule change is to 

update the BeX fee schedule to reflect 

a new smart order routing fee that will 

be charged to Members when the 

Member on whose behalf an order is 

routed is not also a member or 

subscriber of the away Trading Center 

and, as a result, must utilize the ‘‘giveup’’ services provided through the 

Exchange. 

As described in Chapter XXXVIII, 

Section 3 of the Exchange’s Rules, the 

Exchange will route orders to other 

Trading Center under certain 

circumstances (‘‘Routing Services’’). The 

Exchange provides its Routing Services 

pursuant to the terms of three separate 

agreements: (1) An agreement between 

the Exchange and each Member on 

whose behalf orders will be routed 

(‘‘Member-Exchange Agreement’’); (2) 

an agreement between the Exchange and 

each third-party broker-dealer that will 

serve as a ‘‘give-up’’ on an away Trading 

Center when the Member on whose 

behalf an order is routed is not also a 

member or subscriber of the away 

Trading Center (‘‘Give-Up Agreement’’); 

and (3) an agreement between the 

Exchange and a third-party service 

provider (‘‘Technology Provider’’) 

pursuant to which the Exchange 

licenses the routing technology used by 

the Exchange for its Routing Services 

(‘‘Exchange-Technology Provider 

Agreement’’). 

The new smart order routing fee being 

added to the BeX fee schedule relates to 

the second scenario set forth above, 

where a third-party broker-dealer serves 

as the ‘‘give-up’’ on an away Trading 

Center when the Member on whose 

behalf the order is being routed is not 

also a member of the away Trading 

Center. The new fee is called the ‘‘Smart 

order routing using BeX provided giveup’’ fee and the charge is $0.0050 per 

100 shares.5

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of Section 6(b) of the 

Act,6 in general, and furthers the 

objectives of Section 6(b)(4) of the Act,7

in particular, in that it is designed to 

provide for the equitable allocation of 

reasonable dues, fees and other charges 

among Exchange members and issuers 

and other persons using Exchange 

facilities. 

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 

The foregoing proposed rule change 

has been designated as a fee change 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act 8 and Rule 19b–4(f)(2) thereunder,9

because it establishes or changes a due, 

fee or other charge imposed by the 

Exchange. Accordingly, the proposal 

will take effect upon filing with the 

Commission. 

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. 

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 rulecomments@sec.gov. Please include File 

Number SR–BSE–2007–13 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–2007–13. 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 such filing also will be 

available for inspection and copying at 

the principal office of the 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–2007–13 and should 

be submitted on or before April 23, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–5963 Filed 3–30–07; 8:45 am] 

BILLING CODE 8010–01–P 


hsrobinson on PROD1PC76 with NOTICES