You are on page 1of 1

Federal Register / Vol. 71, No.

99 / Tuesday, May 23, 2006 / Notices 29689

therefore estimated to be approximately shareholders may have unjustifiably comment in the Federal Register on
360 hours. Based on the total costs per relied upon Rule 144 of the Securities April 13, 2006.3 The Commission
fund listed above, the total cost of Form Act of 1933 (‘‘Securities Act’’) in received no comments regarding the
N–17f–1’s collection of information conducting an unlawful distribution of proposal. This order approves the
requirements is estimated to be securities that failed to comply with the proposed rule change.
approximately $59,400.7 resale restrictions of Rule 144 of the The BOX’s Fee Schedule currently
The estimate of average burden hours Securities Act. The Commission is also has in place a surcharge fee item for
is made solely for the purposes of the concerned that China Energy may have transactions in the respective ETF
Paperwork Reduction Act, and is not unlawfully relied upon Form S–8 of the options effected by market makers and
derived from a comprehensive or even Securities Act to issue unrestricted
a representative survey or study of the broker-dealer proprietary accounts that
securities. imposes a $0.10 per contract fee for
costs of Commission rules. Compliance Questions also have arisen regarding
with the collections of information transactions in certain licensed options,
the accuracy and completeness of including Standard & Poor’s Depository
required by rule 17f–1 and Form N–17f– information contained in China Energy’s
1 is mandatory for funds that place their Receipts (SPY), iShares Russell 2000
public filings with the Commission
assets in the custody of a national Index Fund (IWM), iShares Russell 2000
concerning, among other things,
securities exchange member. Responses Growth Index Fund (IWO), and iShares
statements regarding the company’s
will not be kept confidential. An agency Nasdaq Biotechnology Index Fund
shareholder base.
may not conduct or sponsor, and a (IBB).4 In addition, the BOX’s Fee
The Commission is of the opinion that
person is not required to respond to a Schedule currently lists a surcharge fee
the public interest and the protection of
collection of information unless it of $0.09 per contract fee for transactions
investors require a suspension of trading
displays a currently valid control in certain licensed options, including
in the securities of the above-listed
number. S&P Energy Select Sector SPDR Fund
company.
General comments regarding the Therefore, it is ordered, pursuant to (XLE) and S&P Financial Select Sector
above information should be directed to Section 12(k) of the Securities Exchange SPDR Fund (XLF). The surcharge fees
the following persons: (i) Desk officer Act of 1934, that trading in the above- on the licensed options listed above
for the Securities and Exchange listed company is suspended for the became effective on January 4, 2006.5
Commission, Office of Information and period from 12:01 a.m. EDT, May 19, The Exchange is now proposing to
Regulatory Affairs, Office of 2006, through 11:59 p.m. EDT, on June retroactively apply these surcharge fees
Management and Budget, Room 10102, 2, 2006. from the Effective Dates listed in Table
New Executive Office Building, 1 of the notice 6 (‘‘Effective Dates’’) (i.e.,
Washington, DC 20504, or e-mail to: By the Commission. the date on which each product
David_Rostker@omb.eop.gov; and R. J. Lynn Taylor, commenced trading on BOX) through
Corey Booth, Director/Chief Information Assistant Secretary. January 3, 2006.7
Officer, Office of Information [FR Doc. 06–4807 Filed 5–19–06; 11:48 am] In addition, the Exchange is
Technology, Securities and Exchange BILLING CODE 8010–01–P proposing to amend the BOX Fee
Commission, 100 F Street, NE.,
Schedule to clarify the meaning of the
Washington, DC 20549. Comments must
current text in Section 4(b)
be submitted to OMB within 30 days of SECURITIES AND EXCHANGE
(‘‘InterMarket Linkage’’) of the BOX Fee
this notice. COMMISSION
Schedule, which includes an explicit
Dated: May 15, 2006. [Release No. 34–53817; File No. SR–BSE– reference to the surcharge with respect
Nancy M. Morris, 2006–05] to Inbound P and PA orders that are
Secretary. billed per contract.8 The BSE is also
[FR Doc. E6–7803 Filed 5–22–06; 8:45 am] Self-Regulatory Organizations; Boston proposing to amend the title of Section
Stock Exchange, Inc.; Order Approving
BILLING CODE 8010–01–P
a Proposed Rule Change to Modify the 3 See Securities Exchange Act Release No. 53607
Boston Options Exchange’s Fee (April 6, 2006), 71 FR 19221 (‘‘Notice’’).
SECURITIES AND EXCHANGE Schedule to Impose Surcharge Fees 4 The BOX Fee Schedule also contains a $0.10

COMMISSION for Transactions in Options on ETFs surcharge fee per contract for options on the ETF
on a Retroactive Basis Nasdaq 1000 (‘‘QQQQ’’), which is not at issue in
[File No. 500–1] this proposed rule change.
5 See Securities Exchange Act Release No. 53454
May 17, 2006.
In the Matter of China Energy Savings (March 8, 2006), 71 FR 13439 (March 15, 2006) (SR–
On March 15, 2006, the Boston Stock BSE–2006–01).
Technology, Inc.; Order of Suspension Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) 6 See Notice, supra note 3. The Standard & Poor’s
of Trading filed with the Securities and Exchange Depository Receipts commenced trading on January
Commission (‘‘Commission’’), pursuant 10, 2005; the iShares Russell 2000 Index Fund
May 19, 2006. commenced trading on May 2, 2005; the S&P
It appears to the Securities and to Section 19(b)(1) of the Securities Energy Select Sector SPDR Fund commenced
Exchange Commission that there is a Exchange Act of 1934 (‘‘Act’’) 1 and Rule trading on June 6, 2005; and the iShares Russell
lack of current and accurate information 19b–4 thereunder,2 a proposal to 2000 Growth Index Fund, the iShares Nasdaq
retroactively establish certain Boston Biotechnology Index Fund, and S&P Financial
concerning the securities of China Select Sector SPDR Fund all commenced trading on
Energy Savings Technology, Inc. Options Exchange (‘‘BOX’’) licensing fee June 27, 2005.
(‘‘China Energy’’), a Nevada corporation surcharges applicable to broker-dealer 7 BSE represents these fees are only charged to

headquartered in Hong Kong. proprietary accounts and market maker BOX Participants.
accounts for trades in options on certain
rmajette on PROD1PC67 with NOTICES

8 Specifically, the Exchange proposes to replace


The Commission is concerned that
exchange traded funds (‘‘ETFs’’). The the sentence ‘‘Same as if were BOX Participant’’
certain China Energy affiliates and with ‘‘This charge is the same as that which is
proposed rule change was published for applicable to a BOX Participant under Section 2.
7 This estimate is based on the following These orders are also subject to any additional pass-
calculation: 360 hours × $165 (total annual cost per 1 15 U.S.C. 78s(b)(1). through surcharge fees specified in Section 2(c), as
fund) = $59,400. 2 17 CFR 240.19b–4. applicable.’’

VerDate Aug<31>2005 15:14 May 22, 2006 Jkt 208001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

You might also like