Sunshine Act Meeting, 480 [E8-31451]

Download as PDF 480 Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices contact: The Office of the Secretary at (202) 551–5400. Dated: December 31, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–31450 Filed 1–5–09; 8:45 am] Dated: December 31, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–31451 Filed 1–5–09; 8:45 am] BILLING CODE 8011–01–P BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting mstockstill on PROD1PC66 with NOTICES The Office of the Secretary at (202) 551–5400. [Release No. 34–59188; File No. SR–CBOE– 2008–133] 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 an Open Meeting on Wednesday, January 7, 2009 at 10 a.m., in the Auditorium, Room L– 002. The subject matter of the Open Meeting will be: Item 1: The Commission will hear oral argument on an appeal by Gary M. Kornman from an initial decision of an administrative law judge barring him from associating with any broker, dealer, or investment adviser. The law judge based her decision to impose associational bars on Kornman’s having been criminally convicted of making a false statement to the Commission in violation of 18 U.S.C. 1001. Issues likely to be considered include whether it is in the public interest to bar Kornman from association with any broker, dealer, or investment adviser. Item 2: The Commission will hear oral argument on an appeal by Nature’s Sunshine Products, Inc. (‘‘Nature’s Sunshine’’ or the ‘‘Company’’) from an initial decision of an administrative law judge. The law judge found that Nature’s Sunshine had violated Section 13(a) of the Securities Exchange Act of 1934 and Exchange Act Rules 13a–1 and 13a–13 by failing to file any annual report on Form 10–K since filing its Form 10–K for the year ended December 31, 2004, and by failing to file any quarterly report on Form 10–Q with financial statements that had been reviewed by a registered independent public accounting firm since filing its Form 10–Q for the quarter ended June 30, 2005. Issues likely to be considered include whether it is necessary or appropriate for the protection of investors to revoke the registration of Nature’s Sunshine’s common stock. 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 VerDate Nov<24>2008 16:52 Jan 05, 2009 Jkt 217001 Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Trades for Less Than $1 December 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on December 30, 2008, the Chicago Board Options Exchange, Incorporated (‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a ‘‘non-controversial’’ proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b–4(f)(6) thereunder.4 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 Exchange is amending its accommodation liquidation procedures to allow transactions to take place at a price that is below $1 per option contract. 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, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b–4(f)(6). 2 17 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 any comments it received on the proposed rule change. The text of those 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 parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Cabinet trading is generally conducted in accordance with the Exchange Rules, except as provided in Exchange Rule 6.54, Accommodation Liquidations (Cabinet Trades), which sets forth specific procedures for engaging in cabinet trades. Rule 6.54 currently provides for cabinet transactions to occur via open outcry at a cabinet price of a $1 per option contract in any options series open for trading in the Exchange, except that the Rule is not applicable to trading in option classes participating in the Penny Pilot Program. Under the procedures, bids and offers (whether opening or closing a position) at a price of $1 per option contract may be represented in the trading crowd by a Floor Broker or by a Market-Maker or provided in response to a request by a PAR Official/OBO, a Floor Broker or a Market-Maker, but must yield priority to all resting orders in the PAR Official/ OBO cabinet book (which resting cabinet book orders may be closing only). So long as both the buyer and the seller yield to orders resting in the cabinet book, opening cabinet bids can trade with opening cabinet offers at $1 per option contract. The purpose of this rule change is to temporarily amend the procedures through January 30, 2009 to allow transactions to take place in open outcry at a price of at least $0 but less than $1 per option contract.5 These lower priced transactions would be traded pursuant to the same procedures applicable to $1 cabinet trades, except that (i) bids and offers for opening transactions would only be permitted to accommodate closing transactions in order to limit use of the procedure to liquidations of existing positions, and (ii) the procedures would also be made available for trading in option classes participating in the Penny Pilot 5 The Exchange notes that in certain circumstances transactions can already take place off the Exchange floor at less than $1 per option contract (e.g., Exchange Rule 6.49, Transactions Off the Exchange). E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Notices]
[Page 480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31451]


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SECURITIES AND EXCHANGE COMMISSION


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 an Open Meeting on Wednesday, January 
7, 2009 at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    Item 1: The Commission will hear oral argument on an appeal by Gary 
M. Kornman from an initial decision of an administrative law judge 
barring him from associating with any broker, dealer, or investment 
adviser. The law judge based her decision to impose associational bars 
on Kornman's having been criminally convicted of making a false 
statement to the Commission in violation of 18 U.S.C. 1001. Issues 
likely to be considered include whether it is in the public interest to 
bar Kornman from association with any broker, dealer, or investment 
adviser.
    Item 2: The Commission will hear oral argument on an appeal by 
Nature's Sunshine Products, Inc. (``Nature's Sunshine'' or the 
``Company'') from an initial decision of an administrative law judge. 
The law judge found that Nature's Sunshine had violated Section 13(a) 
of the Securities Exchange Act of 1934 and Exchange Act Rules 13a-1 and 
13a-13 by failing to file any annual report on Form 10-K since filing 
its Form 10-K for the year ended December 31, 2004, and by failing to 
file any quarterly report on Form 10-Q with financial statements that 
had been reviewed by a registered independent public accounting firm 
since filing its Form 10-Q for the quarter ended June 30, 2005. Issues 
likely to be considered include whether it is necessary or appropriate 
for the protection of investors to revoke the registration of Nature's 
Sunshine's common stock.
    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 31, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-31451 Filed 1-5-09; 8:45 am]
BILLING CODE 8011-01-P
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