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]

Download as PDF 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 (http:// 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. VerDate Aug<31>2005 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 Fmt 4703 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 (http://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). VerDate Aug<31>2005 18:58 Dec 16, 2008 7 15 Jkt 217001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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 (http://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 (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, 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 17DEN1 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 VerDate Aug<31>2005 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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]


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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 (http://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 (http://
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 (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, 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\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-29903 Filed 12-16-08; 8:45 am]
BILLING CODE 8011-01-P