Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Temporary Membership Status Access Fee, 12478-12479 [E8-4420]
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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices
SECURITIES AND EXCHANGE
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
[Release No. 34–57411; File No. SR–CBOE–
2008–25]
In the Matter of: Machine Technology,
Inc., Magnum Sports & Entertainment,
Inc., Management of Environmental
Solutions & Technology Corp., and
Mariculture Systems, Inc.; Order of
Suspension of Trading
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to the
Temporary Membership Status Access
Fee
March 5, 2008.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Machine
Technology, Inc. because it has not filed
any periodic reports since it filed a
Form 10–Q for the period ended May
31, 1994.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Magnum
Sports & Entertainment, Inc. because it
has not filed any periodic reports since
it filed a Form 10–QSB for the period
ended March 31, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of
Management of Environmental
Solutions & Technology Corp. because it
has not filed any periodic reports since
it filed a Form 10–QSB for the period
ended June 30, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Mariculture
Systems, Inc. because it has not filed
any period reports since it filed a Form
10–QSB for the period ended September
30, 2002.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed companies
is suspended for the period from 9:30
a.m. EST on March 5, 2008, through
11:59 p.m. EDT on March 18, 2008.
By the Commission.
March 3, 2008.
sroberts on PROD1PC70 with NOTICES
DATE:
Nancy M. Morris,
Secretary.
[FR Doc. 08–987 Filed 3–05–08; 9:45 am]
BILLING CODE 8011–01–P
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18:46 Mar 06, 2008
Jkt 214001
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 February
29, 2008, the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’ 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
prepared by the Exchange. CBOE has
designated this proposal as one
establishing or changing a due, fee, or
other charge imposed by the Exchange
under section 19(b)(3)(A),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
CBOE proposes to adjust the monthly
access fee for persons granted temporary
CBOE membership status (‘‘Temporary
Members’’) pursuant to Interpretation
and Policy .02 under CBOE Rule 3.19
(‘‘Rule 3.19.02’’). The text of the
proposed rule change is available on the
Exchange’s Web site (https://
www.cboe.org/Legal/), at the Exchange’s
Office of the Secretary, 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,
CBOE included statements concerning
the purpose of, and basis for, the
proposed rule change and discussed any
comments it received on the proposal.
The text of these statements may be
examined at the places specified in Item
IV below. CBOE has prepared
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
2 17
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Frm 00112
Fmt 4703
Sfmt 4703
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 current access fee for Temporary
Members under Rule 3.19.02 5 is $7,354
per month and took effect on February
1, 2008. The Exchange proposes to
revise the access fee to be $8,468 per
month commencing on March 1, 2008.
The Exchange used the following
process to set the proposed access fee:
The Exchange polled each of the
clearing firms that assists in facilitating
at least 10% of the transferable CBOE
membership leases and obtained the
Clearing Firm Floating Monthly Rate 6
designated by each of these clearing
firms for the month of March 2008. The
Exchange then set the proposed access
fee at an amount equal to the highest of
these Clearing Firm Floating Monthly
Rates.
The Exchange used the same process
to set the proposed access fee that it
used to set the current access fee. The
only difference is that the Exchange
used Clearing Firm Floating Monthly
Rate information for the month of March
2008 to set the proposed access fee
(instead of Clearing Firm Floating
Monthly Rate information for the month
of February 2008 as was used to set the
current access fee) in order to take into
account changes in Clearing Firm
Floating Monthly Rates for the month of
March 2008.
The Exchange believes that the
process used to set the proposed access
fee and the proposed access fee itself are
appropriate for the same reasons set
forth in CBOE rule filing SR–CBOE–
2008–12 in support of that process and
the current access fee.7
The proposed access fee will remain
in effect until such time either that the
Exchange submits a further rule filing
pursuant to section 19(b)(3)(A)(ii) of the
5 See Securities Exchange Act Release No. 56458
(September 18, 2007), 72 FR 54309 (September 24,
2007) (SR–CBOE–2007–107) for a description of the
Temporary Membership status under Rule 3.19.02.
6 The term ‘‘Clearing Firm Floating Monthly
Rate’’ refers to the floating monthly rate that a
clearing firm designates, in connection with
transferable membership leases that the clearing
firm assisted in facilitating, for leases that utilize
that floating monthly rate.
7 See Securities Exchange Act Release No. 57293
(February 8, 2008), 73 FR 8729 (February 14, 2008)
(SR–CBOE–2008–12), which established the current
access fee, for detail regarding the rationale in
support of the current access fee and the process
used to set that fee, which is also applicable to this
proposed rule change as well.
E:\FR\FM\07MRN1.SGM
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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Notices
Act 8 to modify the proposed access fee
or the Temporary Membership status
under Rule 3.19.02 is terminated.
Accordingly, the Exchange may further
adjust the proposed access fee in the
future if the Exchange determines that it
would be appropriate to do so taking
into consideration lease rates for
transferable CBOE memberships
prevailing at that time.
The procedural provisions of the
CBOE Fee Schedule related to the
assessment of the proposed access fee
are not proposed to be changed and will
remain the same as the current
procedural provisions regarding the
assessment of the current access fee.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) of the Act,9 in general, and
furthers the objectives of section 6(b)(4)
of the Act,10 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees, and
other charges among persons using its
facilities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE 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
No written comments were solicited
or received with respect to the proposed
rule change.
sroberts on PROD1PC70 with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
establishes or changes a due, fee, or
other charge imposed by the Exchange,
it has become effective pursuant to
section 19(b)(3)(A) of the Act 11 and
subparagraph (f)(2) of Rule 19b–4 12
thereunder. 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.
8 15
U.S.C. 78s(b)(3)(A)(ii).
U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(4).
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(2).
9 15
VerDate Aug<31>2005
18:46 Mar 06, 2008
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2008–25 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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–4420 Filed 3–6–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57415; File No. SR–Amex–
2008–16]
Self-Regulatory Organizations;
American Stock Exchange, LLC;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Make Permanent Two Pilot
Programs That Increase Position and
Exercise Limits on Equity Options
March 3, 2008.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
All submissions should refer to File
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
Number SR–CBOE–2008–25. This file
notice is hereby given that on February
number should be included on the
29, 2008, the American Stock Exchange,
subject line if e-mail is used. To help the LLC (‘‘Exchange’’ or ‘‘Amex’’) filed with
Commission process and review your
the Securities and Exchange
comments more efficiently, please use
Commission (‘‘Commission’’) the
only one method. The Commission will proposed rule change as described in
post all comments on the Commission’s Items I and II below, which Items have
Internet Web site (https://www.sec.gov/
been substantially prepared by the
rules/sro.shtml). Copies of the
Exchange. The Exchange has designated
submission, all subsequent
this proposal as non-controversial under
amendments, all written statements
Section 19(b)(3)(A)(iii) of the Act 3 and
with respect to the proposed rule
Rule 19b–4(f)(6) thereunder,4 which
change that are filed with the
renders the proposed rule change
Commission, and all written
effective upon filing with the
communications relating to the
Commission. The Commission is
proposed rule change between the
publishing this notice to solicit
Commission and any person, other than comments on the proposed rule change
those that may be withheld from the
from interested persons.
public in accordance with the
I. Self-Regulatory Organization’s
provisions of 5 U.S.C. 552, will be
Statement of the Terms of Substance of
available for inspection and copying in
the Proposed Rule Change
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
The Exchange seeks to make
DC 20549, on official business days
permanent two pilot programs that
between the hours of 10 a.m. and 3 p.m. increase standard position and exercise
Copies of such filing also will be
limits for equity option classes traded
available for inspection and copying at
on the Exchange. The text of the
the principal office of the Exchange. All proposed rule change is available on the
comments received will be posted
Exchange’s Web site (https://
without change; the Commission does
www.amex.com), at the Exchange’s
not edit personal identifying
principal office, and at the
information from submissions. You
Commission’s Public Reference Room.
should submit only information that
you wish to make available publicly. All
13 17 CFR 200.30–3(a)(12).
submissions should refer to File No.
1 15 U.S.C. 78s(b)(1).
SR–CBOE–2008–25 and should be
2 17 CFR 240.19b–4.
submitted on or before March 28, 2008.
3 15
4 17
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12479
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U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
E:\FR\FM\07MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Notices]
[Pages 12478-12479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4420]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57411; File No. SR-CBOE-2008-25]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Temporary Membership Status Access Fee
March 3, 2008.
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 February 29, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' 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 prepared by the
Exchange. CBOE has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by the Exchange under
section 19(b)(3)(A),\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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CBOE proposes to adjust the monthly access fee for persons granted
temporary CBOE membership status (``Temporary Members'') pursuant to
Interpretation and Policy .02 under CBOE Rule 3.19 (``Rule 3.19.02'').
The text of the proposed rule change is available on the Exchange's Web
site (https://www.cboe.org/Legal/), at the Exchange's Office of the
Secretary, 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, CBOE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in Item IV below.
CBOE 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 current access fee for Temporary Members under Rule 3.19.02 \5\
is $7,354 per month and took effect on February 1, 2008. The Exchange
proposes to revise the access fee to be $8,468 per month commencing on
March 1, 2008.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 56458 (September 18,
2007), 72 FR 54309 (September 24, 2007) (SR-CBOE-2007-107) for a
description of the Temporary Membership status under Rule 3.19.02.
---------------------------------------------------------------------------
The Exchange used the following process to set the proposed access
fee: The Exchange polled each of the clearing firms that assists in
facilitating at least 10% of the transferable CBOE membership leases
and obtained the Clearing Firm Floating Monthly Rate \6\ designated by
each of these clearing firms for the month of March 2008. The Exchange
then set the proposed access fee at an amount equal to the highest of
these Clearing Firm Floating Monthly Rates.
---------------------------------------------------------------------------
\6\ The term ``Clearing Firm Floating Monthly Rate'' refers to
the floating monthly rate that a clearing firm designates, in
connection with transferable membership leases that the clearing
firm assisted in facilitating, for leases that utilize that floating
monthly rate.
---------------------------------------------------------------------------
The Exchange used the same process to set the proposed access fee
that it used to set the current access fee. The only difference is that
the Exchange used Clearing Firm Floating Monthly Rate information for
the month of March 2008 to set the proposed access fee (instead of
Clearing Firm Floating Monthly Rate information for the month of
February 2008 as was used to set the current access fee) in order to
take into account changes in Clearing Firm Floating Monthly Rates for
the month of March 2008.
The Exchange believes that the process used to set the proposed
access fee and the proposed access fee itself are appropriate for the
same reasons set forth in CBOE rule filing SR-CBOE-2008-12 in support
of that process and the current access fee.\7\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 57293 (February 8,
2008), 73 FR 8729 (February 14, 2008) (SR-CBOE-2008-12), which
established the current access fee, for detail regarding the
rationale in support of the current access fee and the process used
to set that fee, which is also applicable to this proposed rule
change as well.
---------------------------------------------------------------------------
The proposed access fee will remain in effect until such time
either that the Exchange submits a further rule filing pursuant to
section 19(b)(3)(A)(ii) of the
[[Page 12479]]
Act \8\ to modify the proposed access fee or the Temporary Membership
status under Rule 3.19.02 is terminated. Accordingly, the Exchange may
further adjust the proposed access fee in the future if the Exchange
determines that it would be appropriate to do so taking into
consideration lease rates for transferable CBOE memberships prevailing
at that time.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
The procedural provisions of the CBOE Fee Schedule related to the
assessment of the proposed access fee are not proposed to be changed
and will remain the same as the current procedural provisions regarding
the assessment of the current access fee.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\9\ in general, and furthers the
objectives of section 6(b)(4) of the Act,\10\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among persons using its facilities.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE 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
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
Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to section 19(b)(3)(A) of the Act \11\ and subparagraph (f)(2)
of Rule 19b-4 \12\ thereunder. 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.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2008-25 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-CBOE-2008-25. 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 (https://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 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 available publicly. All
submissions should refer to File No. SR-CBOE-2008-25 and should be
submitted on or before March 28, 2008.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-4420 Filed 3-6-08; 8:45 am]
BILLING CODE 8011-01-P
