Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by Chicago Board Options Exchange, Incorporated Regarding Fees for the CBOE Stock Exchange, 76686-76688 [E8-29903]
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76686
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Notices
interest in confidential treatment for the
contract and related material.4 Id. at 2–
3. It also provides the Postal Service’s
rationale for concluding that the instant
contract is functionally equivalent to the
initial contract filed in Docket No.
CP2008–5. The Postal Service requests
that this contract be included within the
GEPS 1 product. Id. at 3–5.
II. Notice of Filing
The Commission establishes Docket
No. CP2009–16 for consideration of
matters related to the contract identified
in the Postal Service’s Notice.
Interested persons may submit
comments on whether the Postal
Service’s contract is consistent with the
policies of 39 U.S.C. 3632, 3633, or
3642. Comments are due no later than
December 19, 2008. The public portions
of these filings can be accessed via the
Commission’s Web site (https://
www.prc.gov).
The Commission appoints Jeremy L.
Simmons to serve as Public
Representative in the captioned filing.
It is Ordered:
1. The Commission establishes Docket
No. CP2009–16 for consideration of the
matters raised in this docket.
2. Pursuant to 39 U.S.C. 505, Jeremy
L. Simmons is appointed to serve as
officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
3. Comments by interested persons in
these proceedings are due no later than
December 19, 2008.
4. The Secretary shall arrange for the
publication of this Order in the Federal
Register.
By the Commission.
Steven W. Williams,
Secretary
[FR Doc. E8–29833 Filed 12–16–08; 8:45 am]
BILLING CODE 7710–FW–P
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), (8), 9(B) and
(10) and 17 CFR 200.402(a)(3), (5), (7),
(8), 9(ii) and (10), permit consideration
of the scheduled matters at the Closed
Meeting.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meeting in closed session.
The subject matter of the Closed
Meeting scheduled for Thursday,
December 18, 2008 will be:
Formal orders of investigation;
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings of an
enforcement nature;
Resolution of litigation claims;
A regulatory matter regarding
financial institution;
Adjudicatory matters; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: December 11, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–29849 Filed 12–16–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
SECURITIES AND EXCHANGE
COMMISSION
National Lampoon, Inc., and Advatech
Corporation; Order of Suspension of
Trading
pwalker on PROD1PC71 with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, December 18, 2008 at 2
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
4 Contract expiration is tied to one year after the
Postal Service notifies the customer that all
necessary approvals and reviews have been
obtained. Id. at 2.
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18:58 Dec 16, 2008
Jkt 217001
December 15, 2008.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of the issuers
listed below.
National Lampoon, Inc. is
incorporated in Delaware and
headquartered in Los Angeles,
California. The company’s common
stock is listed on the NYSE Alternext
under the ticker symbol ‘‘NLN.’’
Advatech Corporation is incorporated
in Florida and headquartered in West
PO 00000
Frm 00080
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Sfmt 4703
Palm Beach, Florida. The company’s
common stock trades on the grey market
under the symbol ‘‘ADVA.’’
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 abovelisted companies is suspended for the
period commencing at 9:30 a.m. EST,
December 15, 2008, and terminating at
11:59 p.m. EST, on December 29, 2008.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E8–30082 Filed 12–15–08; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59073; File No. SR–CBOE–
2008–122]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by Chicago
Board Options Exchange, Incorporated
Regarding Fees for the CBOE Stock
Exchange
December 10, 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 November
28, 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 CBOE. 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
Chicago Board Options Exchange,
Incorporated (‘‘CBOE’’ or ‘‘Exchange’’)
proposes to modify its fees applicable to
the CBOE Stock Exchange (‘‘CBSX’’).
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.
1 15
2 17
E:\FR\FM\17DEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
17DEN1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Notices
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.
pwalker on PROD1PC71 with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
proposes to establish a $0.0005 per
share fee for these stock executions
subject to a $1 minimum and $25
maximum charge. Fourth, the filing
proposes to establish a fee for shares
routed to other markets in connection
with the execution of a CBSX Cross and
Sweep order. The fee would be $0.0040
per share. Cross and Sweep orders (See
CBSX Rule 51.8(r)) allow users to cross
orders on CBSX at prices outside of the
NBBO while the CBSX system
contemporaneously sweeps all
protected quotes on other markets and
all better priced interest on CBSX in
connection with the cross.
The proposed changes will take effect
on December 1, 2008.
2. Statutory Basis
1. Purpose
The CBSX Fees Schedule lists the fees
applicable to trading on CBSX. Those
fees include transaction fees, which are
based on whether the executing member
is ‘‘taking’’ liquidity or ‘‘making’’
liquidity in connection with the
transaction. The CBSX Fees Schedule
also sets forth market quality bid/ask
standards called Liquidity Provider
Guidelines (‘‘LPGs’’). If the LPGs are
met 90% of the time each day, then all
CBSX Designated Primary MarketMakers 3 (‘‘CBSX DPMs’’) and CBSX
Remote Market-Makers 4 (‘‘CBSX
RMMs’’) receive enhanced maker
rebates as set forth in the CBSX Fees
Schedule. Specifically, CBSX RMMs
that meet LPGs receive a maker rebate
of $0.0027 per share, while CBSX DPMs
that meet LPGs receive a maker rebate
of $0.0029 per share. This filing
proposes to make four changes to the
CBSX fee schedule.
First, the filing establishes a uniform
qualifying Market-Maker maker rebate
of $0.0027 per share that would apply
to all CBSX Market-Makers 5 when the
LPGs are met. Second, the filing
proposes to lower the general maker
rebate from $0.0026 to $0.0025 per
share. Third, the filing proposes to
adopt fees for stock orders that are
executed pursuant to CBOE’s
Automated Improvement Mechanism
and Solicitation Auction Mechanism
(Rules 6.74A.07 and 6.74B.01). These
CBOE rules govern crossing orders
pursuant to electronic auctions.
Recently, CBOE adopted changes to
those rules to allow those mechanisms
to process complex orders (including
stock-option orders). This filing
The proposed rule change is
consistent with section 6(b) of the
Securities Exchange Act of 1934
(‘‘Act’’),6 in general, and furthers the
objectives of section 6(b)(4) 7 of the Act
in particular, in that it is designed to
provide for the equitable allocation of
reasonable dues, fees, and other charges
among CBOE members and other
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 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 8 and
subparagraph (f)(2) of Rule 19b–4 9
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,
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(2).
3 See
CBOE Rule 50.3(4).
4 See CBOE Rule 50.3(2).
5 See CBOE Rule 50.3(1).
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76687
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2008–122 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CBOE–2008–122. 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, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of the 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 Number SR–CBOE–
2008–122 and should be submitted on
or before January 7, 2009.
E:\FR\FM\17DEN1.SGM
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76688
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–29903 Filed 12–16–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59088; File No. SR–DTC–
2008–13]
Self-Regulatory Organizations; Notice
of Filing of Proposed Rule Change by
The Depository Trust Company
Relating to Eliminating the SRO
Requirement as a Condition of DTCEligibility for Securities That Are
Eligible for Resale Under Rule 144A
Under the Securities Act of 1933
December 11, 2008.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
October 9, 2008, The Depository Trust
Company (‘‘DTC’’) 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 primarily by DTC. 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
DTC proposes to eliminate the SRO
Requirement, as defined below, as a
condition of DTC-eligibility for
securities that are eligible for resale
under Rule 144A (‘‘Rule 144A
Securities’’) under the Securities Act of
1933 (‘‘Securities Act’’).2
pwalker on PROD1PC71 with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
DTC 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. DTC has prepared
summaries, set forth in sections A, B,
and C below of the most significant
aspects of such statements.
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 230.144A.
1 15
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18:58 Dec 16, 2008
Jkt 217001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In April 1990, the Commission
adopted Rule 144A under the Securities
Act.3 This rule provides a safe-harbor
from the registration requirements of the
Securities Act for resales to qualified
institutional buyers (‘‘QIBs’’) of certain
restricted securities that when issued
were not of the same class as securities
listed on a national securities exchange
registered under the Act. Rule
144A(d)(2) 4 requires that the seller or
any person acting on its behalf take
reasonable steps to ensure that the
purchaser is aware that the seller may
rely on the safe-harbor provided by Rule
144A.
In 1993, the Commission approved a
DTC rule filing whereby DTC would
make Rule 144A securities eligible for
deposit, book-entry delivery, and other
depository services provided, in part,
that DTC was required to ‘‘condition the
eligibility of the Rule 144A Securities
(other than Investment Grade Securities)
on initial and continued inclusion of
those securities in an SRO Rule 144A
System, such as the NASD’s PORTAL
Market System.’’ 5 This condition is
referred to herein as the ‘‘SRO
Requirement.’’ The SRO Requirement
contemplated that an SRO Rule 144A
System would include comprehensive
safeguards to facilitate the SRO’s ability
to detect violations of Rule 144A.
However, the only SRO Rule 144A
System that was developed was the
NASD’s PORTAL Market System
(‘‘PORTAL’’) and not only did PORTAL
not develop as anticipated but also it
did not include the safeguards
contemplated by the DTC rule filing and
Commission order of 1993.6 In light of
the above, DTC believes that the SRO
Requirement is no longer necessary or
appropriate.
DTC believes that eliminating the
SRO Requirement will result in a
uniform procedure for making Rule
144A Securities DTC-eligible whether or
not they were classified as investment
grade securities. Under the proposed
rule change, issuers and participants
would continue to be responsible for
3 Supra
note 2.
CFR 230.144A(d)(2).
5 Securities Exchange Release No. 33327 (Dec. 13,
1993), 58 FR 67878 (Dec. 22, 1993) [File No. SR–
DTC–90–06]. ‘‘Investment Grade Securities’’ are
defined in this release as nonconvertible debt
securities and nonconvertible preferred stock which
are in one of the top four categories by a nationally
recognized statistical rating organization.
6 Securities Exchange Release No. 56172 (Jul. 31,
2007), 72 FR 44196 (Aug. 7, 2007) [File No. SR–
NASDAQ–2006–65].
4 17
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Frm 00082
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determining that their deposit of Rule
144A Securities with DTC and their
transactions in Rule 144A Securities
through the facilities of DTC are in
compliance with existing DTC rules and
the federal securities laws, such as:
(i) Rule 2, Section 8, of DTC’s rules:
‘‘In connection with their use of the
Corporation’s [DTC’s] services,
Participants and Pledgees must comply
with all applicable laws, including all
applicable laws relating to securities,
taxation and money laundering.’’
(ii) DTC’s ‘‘Operational Arrangements
(Necessary for an Issue to Become and
Remain Eligible for DTC Services)’’
relating to BEO issues being made
eligible for DTC services: ‘‘Issuer
recognizes that DTC does not in any
way undertake to, and shall not have
any responsibility to, monitor or
ascertain the compliance of any
transactions in the Securities with the
following, as amended from time to
time: (1) Any exemptions from
registration under the Securities Act of
1933; (2) the Investment Company Act
of 1940; (3) the Employee Retirement
Income Security Act of 1974; (4) the
Internal Revenue Code of 1986; (5) any
rules of any self-regulatory
organizations (as defined under the
Securities Exchange Act of 1934); or (6)
any other local, state, federal, or foreign
laws or regulations there under.’’ 7 This
and other representations made by
issuers to DTC pursuant to the DTC
Operational Arrangements are mirrored
in the Letter of Representations that
DTC receives from issuers in connection
with their deposits of BEO issues with
DTC.
(iii) When a Rule 144A Security is
made DTC eligible, the issuer will
continue to be required to execute a
copy of the rider to the Letter of
Representation in the form it appears
today except that the reference to the
SRO Requirement will be deleted.
DTC believes that the proposed rule
change is consistent with the
requirements of the Act and the rules
and regulations there under because
eliminating the unnecessary SRO
Requirement will remove an
impediment to the perfection of the
7 In 1994, in an order clarifying certain language
in the Rule 144A Approval Order, the Commission
concurred in the position taken by DTC that ‘‘Rule
5 [of DTC’s rules] does not require DTC to
determine whether securities, when deposited at
DTC, may be transferred lawfully by book-entry in
light of the Federal securities law.’’ Order
Approving Proposed Rule Change Relating to a
Clarification of Rule 5, Securities Exchange Act
Release No. 33672, 56 SEC Docket 315 (Feb. 23,
1994) (‘‘Rule 5 Clarification Order’’). DTC Rule 5
was amended to delete any implication that DTC
was under any statutory or contractual obligation to
determine whether securities deposited with DTC
could be legally transferred by book-entry.
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Notices]
[Pages 76686-76688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29903]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59073; File No. SR-CBOE-2008-122]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by Chicago Board Options
Exchange, Incorporated Regarding Fees for the CBOE Stock Exchange
December 10, 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 November 28, 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 CBOE.
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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to modify its fees applicable to the CBOE Stock
Exchange (``CBSX''). 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.
[[Page 76687]]
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
The CBSX Fees Schedule lists the fees applicable to trading on
CBSX. Those fees include transaction fees, which are based on whether
the executing member is ``taking'' liquidity or ``making'' liquidity in
connection with the transaction. The CBSX Fees Schedule also sets forth
market quality bid/ask standards called Liquidity Provider Guidelines
(``LPGs''). If the LPGs are met 90% of the time each day, then all CBSX
Designated Primary Market-Makers \3\ (``CBSX DPMs'') and CBSX Remote
Market-Makers \4\ (``CBSX RMMs'') receive enhanced maker rebates as set
forth in the CBSX Fees Schedule. Specifically, CBSX RMMs that meet LPGs
receive a maker rebate of $0.0027 per share, while CBSX DPMs that meet
LPGs receive a maker rebate of $0.0029 per share. This filing proposes
to make four changes to the CBSX fee schedule.
---------------------------------------------------------------------------
\3\ See CBOE Rule 50.3(4).
\4\ See CBOE Rule 50.3(2).
---------------------------------------------------------------------------
First, the filing establishes a uniform qualifying Market-Maker
maker rebate of $0.0027 per share that would apply to all CBSX Market-
Makers \5\ when the LPGs are met. Second, the filing proposes to lower
the general maker rebate from $0.0026 to $0.0025 per share. Third, the
filing proposes to adopt fees for stock orders that are executed
pursuant to CBOE's Automated Improvement Mechanism and Solicitation
Auction Mechanism (Rules 6.74A.07 and 6.74B.01). These CBOE rules
govern crossing orders pursuant to electronic auctions. Recently, CBOE
adopted changes to those rules to allow those mechanisms to process
complex orders (including stock-option orders). This filing proposes to
establish a $0.0005 per share fee for these stock executions subject to
a $1 minimum and $25 maximum charge. Fourth, the filing proposes to
establish a fee for shares routed to other markets in connection with
the execution of a CBSX Cross and Sweep order. The fee would be $0.0040
per share. Cross and Sweep orders (See CBSX Rule 51.8(r)) allow users
to cross orders on CBSX at prices outside of the NBBO while the CBSX
system contemporaneously sweeps all protected quotes on other markets
and all better priced interest on CBSX in connection with the cross.
---------------------------------------------------------------------------
\5\ See CBOE Rule 50.3(1).
---------------------------------------------------------------------------
The proposed changes will take effect on December 1, 2008.
2. Statutory Basis
The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (``Act''),\6\ in general, and furthers
the objectives of section 6(b)(4) \7\ of the Act in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among CBOE members and other persons
using its facilities.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 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 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 \8\ and subparagraph (f)(2)
of Rule 19b-4 \9\ 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).
\9\ 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-2008-122 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2008-122. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the 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 Number SR-
CBOE-2008-122 and should be submitted on or before January 7, 2009.
[[Page 76688]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-29903 Filed 12-16-08; 8:45 am]
BILLING CODE 8011-01-P
