Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change Relating to BOX Rules Governing Doing Business With the Public, 1734-1736 [E9-439]
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1734
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
as may be reasonably necessary to make
an informed determination of whether
the Plan should be continued or
continued after amendment;
(b) will determine whether
continuation, or continuation after
amendment, of the Plan is consistent
with the fund’s investment objective(s)
and policies and in the best interests of
the fund and its shareholders, after
considering the information in
condition V.B.1.a above; including,
without limitation:
(1) Whether the Plan is accomplishing
its purpose(s);
(2) the reasonably foreseeable effects
of the Plan on the fund’s long-term total
return in relation to the market price
and NAV of the fund’s common shares;
and
(3) the fund’s current distribution
rate, as described in condition V.B
above, compared to with the fund’s
average annual total return over the 2year period, as described in condition
V.B, or such longer period as the board
deems appropriate; and
(c) based upon that determination,
will approve or disapprove the
continuation, or continuation after
amendment, of the Plan; and
2. The Board will record the
information considered by it and the
basis for its approval or disapproval of
the continuation, or continuation after
amendment, of the Plan in its meeting
minutes, which must be made and
preserved for a period of not less than
six years from the date of such meeting,
the first two years in an easily accessible
place.
VI. Public Offerings
The fund will not make a public
offering of the fund’s common shares
other than:
A. a rights offering below NAV to
holders of the fund’s common stock;
B. an offering in connection with a
dividend reinvestment plan, merger,
consolidation, acquisition, spin-off or
reorganization of the fund; or
C. an offering other than an offering
described in conditions VI.A and VI.B
above, unless, with respect to such other
offering:
1. the fund’s average annual
distribution rate for the six months
ending on the last day of the month
ended immediately prior to the most
recent distribution declaration date,5
expressed as a percentage of NAV per
share as of such date, is no more than
1 percentage point greater than the
5 If the fund has been in operation fewer than six
months, the measured period will begin
immediately following the fund’s first public
offering.
VerDate Nov<24>2008
19:10 Jan 12, 2009
Jkt 217001
fund’s average annual total return for
the 5-year period ending on such date; 6
and
2. the transmittal letter accompanying
any registration statement filed with the
Commission in connection with such
offering discloses that the fund has
received an order under section 19(b) to
permit it to make periodic distributions
of long-term capital gains with respect
to its common stock as frequently as
twelve times each year, and as
frequently as distributions are specified
in accordance with the terms of any
outstanding preferred stock that such
fund may issue.
VII. Amendments to Rule 19b–1
The requested relief will expire on the
effective date of any amendment to rule
19b–1 that provides relief permitting
certain closed-end investment
companies to make periodic
distributions of long-term capital gains
with respect to their outstanding
common stock as frequently as twelve
times each year.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–416 Filed 1–12–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
will hold a Closed Meeting on
Thursday, January 15, 2009 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
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), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 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.
6 If the fund has been in operation fewer than five
years, the measured period will begin immediately
following the fund’s first public offering.
PO 00000
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Fmt 4703
Sfmt 4703
The subject matter of the Closed
Meeting scheduled for Thursday,
January 15, 2009 will be:
formal orders of investigation;
institution and settlement of injunctive
actions;
institution and settlement of
administrative proceedings of an
enforcement nature; 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: January 8, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–462 Filed 1–12–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59211; File No. SR–BSE–
2008–56]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
of Proposed Rule Change Relating to
BOX Rules Governing Doing Business
With the Public
January 7, 2009.
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 December
9, 2008, the Boston Stock Exchange, Inc.
(‘‘BSE’’ 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
substantially prepared by the selfregulatory organization. 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 proposes to amend
Chapter XI of the Boston Options
Exchange (‘‘BOX’’) Rules by replacing
the term ‘‘Registered Options and
Security Futures Principal’’ (‘‘ROSFP’’)
with ‘‘Registered Options Principal’’
(‘‘ROP’’), to modify the confirmation
disclosure requirements to remain
1 15
2 17
E:\FR\FM\13JAN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
13JAN1
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
consistent with other exchanges, and to
eliminate a definition made obsolete by
an earlier rule change. The text of the
proposed rule change is available at the
principal office of the Exchange, the
Commission’s Public Reference Room,
and https://nasdaqtrader.com/
Trader.aspx?id=Boston_
Stock_Exchange.
II. Self-Regulatory Organization’s
Statement of Purpose of, and Statutory
Basis for, the Proposed Rule Change
In its filing with the Commission, the
self-regulatory organization 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 in
the places specified in Item IV below.
The self-regulatory organization 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 Exchange proposes to amend
Chapter XI of the Boston Options
Exchange (‘‘BOX’’) Rules by replacing
the term ‘‘Registered Options and
Security Futures Principal’’ (‘‘ROSFP’’)
with ‘‘Registered Options Principal’’
(‘‘ROP’’). Although ROP was recently
changed to ROSFP in the BOX Rules,
the Exchange believes that the change
from ROP to ROSFP may have created
confusion among BOX participants, and
that reverting to ROP will alleviate this
confusion. Furthermore, the Exchange
believes that reverting to ROP will
provide consistency with the rules of
other options exchanges, most of which
use ROP rather than ROSFP.3 The
Exchange notes that the reversion to
ROP does not affect the qualifications
required to transact options business
with the public.
The Exchange also proposes
amending Chapter XI, Section 13 of the
BOX Rules to clarify that an options
3 See Securities Exchange Act Release No. 58932
(November 12, 2008), 73 FR 69696 (November 19,
2008) (SR–FINRA–2008–032) (changing the term
‘‘Registered Options and Security Futures
Principal’’ to ‘‘Registered Options Principal’’). See
also Securities Exchange Act Release No. 58129
(July 9, 2008), 73 FR 40895 (SR–ISE–2008–21);
Securities Exchange Act Release No. 57738 (April
29, 2008), 73 FR 25805 (May 7, 2008) (SR–AMEX–
2007–129); and Securities Exchange Act Release
No. 56971 (December 14, 2007), 72 FR 72804
(December 21, 2007) (SR–CBOE–2007–106)
(approving elimination of the positions and titles of
Senior Registered Options Principal and
Compliance Registered Options Principal).
VerDate Nov<24>2008
19:10 Jan 12, 2009
Jkt 217001
confirmation need not disclose the
exchange or exchanges on which an
options transaction is executed. The
rule will continue to require that written
confirmations contain a description of
each transaction in the options contract,
the underlying security, the type of
option, the option expiration month,
exercise price, number of option
contracts, premium, commissions, date
of transaction and settlement date, and
shall indicate whether the transaction is
a purchase or sale and whether a
principal or agency transaction. The
confirmation shall also distinguish by
appropriate symbols between Exchange
transactions and other transactions in
options contracts. This change will
maintain consistency with other
exchanges which have recently filed
similar rule proposals.4
Lastly, the Exchange proposes
elimination of the definition of ‘‘closing
purchase transaction’’ as defined in
Chapter I, Section 1 of the BOX Rules.
The term ‘‘closing purchase transaction’’
does not appear in any other provision
of the BOX Rules. Therefore, the
definition is unnecessary.
2. Statutory Basis
The Exchange believes that the
proposed change is consistent with the
requirements of Section 6(b) of the Act,5
in general, and Section 6(b)(5) of the
Act,6 in particular, in that it will
promote just and equitable principles of
trade, facilitate transactions in
securities, remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest. Specifically, the
Exchange believes that the proposed
rule change will further the purposes of
the Act by clarifying the use of certain
terms consistent with their use by other
self-regulatory organizations, and by
clarifying the Exchange’s options
confirmation procedure rules.
B. Self-Regulatory Organization’s
Statement of Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
4 See Securities Exchange Act Release No. 58980
(November 19, 2008), 73 FR 72091 (November 26,
2008) (SR–CBOE–2008–61). See also Securities
Exchange Act Release No. 58932 (November 12,
2008), 73 FR 69696 (November 19, 2008) (SR–
FINRA–2008–032) (approving change clarifying
confirmation disclosure requirements).
5 15 U.S.C. 78(f)(b).
6 15 U.S.C. 78(f)(b)(5).
PO 00000
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1735
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(a) By order approve such proposed
rule change, or
(b) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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.stml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–BSE–2008–56 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–BSE–2008–56. The 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
E:\FR\FM\13JAN1.SGM
13JAN1
1736
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
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, located at 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 filings
also will be available for inspection and
copying at the principal office of the
BSE. 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–BSE–2008–56 and should
be submitted on or before February 3,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–439 Filed 1–12–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59209; File No. SR–CBOE–
2008–132]
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
January 7, 2009.
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 December
30, 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’’)
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
proposes to amend its CBOE Stock
Exchange (‘‘CBSX’’) Fees Schedule. 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.
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
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
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 Exchange proposes to amend the
CBSX Fees Schedule to adopt fees for
transactions involving securities priced
under $1. Specifically, for transactions
of securities priced less than $1, the
Exchange proposes a credit of 0.0020
times the principal amount of the trade
for liquidity providers (makers); a
charge of 0.0029 times the principal
amount of the trade for removing
liquidity (takers); and a charge of 0.0029
times the principal amount of the trade
for an order routed to another exchange,
except for an order routed as part of a
Cross and Sweep Order, in which case
the charge would be 0.0040 times the
principal amount of the trade. The
proposed changes will take effect on
January 1, 2009.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) of the
Securities Exchange Act of 1934
(‘‘Act’’),3 in general, and furthers the
objectives of Section 6(b)(4) 4 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 5 and
subparagraph (f)(2) of Rule 19b–4 6
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.
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–2008–132 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2008–132. 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
7 17
1 15
VerDate Nov<24>2008
19:10 Jan 12, 2009
3 15
4 15
Jkt 217001
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
Frm 00075
Fmt 4703
5 15
6 17
Sfmt 4703
E:\FR\FM\13JAN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
13JAN1
]]>Agencies
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1734-1736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-439]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59211; File No. SR-BSE-2008-56]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to BOX Rules
Governing Doing Business With the Public
January 7, 2009.
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 December 9, 2008, the Boston Stock Exchange, Inc. (``BSE'' 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 substantially prepared by the
self-regulatory organization. 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
The Exchange proposes to amend Chapter XI of the Boston Options
Exchange (``BOX'') Rules by replacing the term ``Registered Options and
Security Futures Principal'' (``ROSFP'') with ``Registered Options
Principal'' (``ROP''), to modify the confirmation disclosure
requirements to remain
[[Page 1735]]
consistent with other exchanges, and to eliminate a definition made
obsolete by an earlier rule change. The text of the proposed rule
change is available at the principal office of the Exchange, the
Commission's Public Reference Room, and https://nasdaqtrader.com/
Trader.aspx?id=Boston_Stock_Exchange.
II. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
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 in
the places specified in Item IV below. The self-regulatory organization
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 Exchange proposes to amend Chapter XI of the Boston Options
Exchange (``BOX'') Rules by replacing the term ``Registered Options and
Security Futures Principal'' (``ROSFP'') with ``Registered Options
Principal'' (``ROP''). Although ROP was recently changed to ROSFP in
the BOX Rules, the Exchange believes that the change from ROP to ROSFP
may have created confusion among BOX participants, and that reverting
to ROP will alleviate this confusion. Furthermore, the Exchange
believes that reverting to ROP will provide consistency with the rules
of other options exchanges, most of which use ROP rather than ROSFP.\3\
The Exchange notes that the reversion to ROP does not affect the
qualifications required to transact options business with the public.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 58932 (November 12,
2008), 73 FR 69696 (November 19, 2008) (SR-FINRA-2008-032) (changing
the term ``Registered Options and Security Futures Principal'' to
``Registered Options Principal''). See also Securities Exchange Act
Release No. 58129 (July 9, 2008), 73 FR 40895 (SR-ISE-2008-21);
Securities Exchange Act Release No. 57738 (April 29, 2008), 73 FR
25805 (May 7, 2008) (SR-AMEX-2007-129); and Securities Exchange Act
Release No. 56971 (December 14, 2007), 72 FR 72804 (December 21,
2007) (SR-CBOE-2007-106) (approving elimination of the positions and
titles of Senior Registered Options Principal and Compliance
Registered Options Principal).
---------------------------------------------------------------------------
The Exchange also proposes amending Chapter XI, Section 13 of the
BOX Rules to clarify that an options confirmation need not disclose the
exchange or exchanges on which an options transaction is executed. The
rule will continue to require that written confirmations contain a
description of each transaction in the options contract, the underlying
security, the type of option, the option expiration month, exercise
price, number of option contracts, premium, commissions, date of
transaction and settlement date, and shall indicate whether the
transaction is a purchase or sale and whether a principal or agency
transaction. The confirmation shall also distinguish by appropriate
symbols between Exchange transactions and other transactions in options
contracts. This change will maintain consistency with other exchanges
which have recently filed similar rule proposals.\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 58980 (November 19,
2008), 73 FR 72091 (November 26, 2008) (SR-CBOE-2008-61). See also
Securities Exchange Act Release No. 58932 (November 12, 2008), 73 FR
69696 (November 19, 2008) (SR-FINRA-2008-032) (approving change
clarifying confirmation disclosure requirements).
---------------------------------------------------------------------------
Lastly, the Exchange proposes elimination of the definition of
``closing purchase transaction'' as defined in Chapter I, Section 1 of
the BOX Rules. The term ``closing purchase transaction'' does not
appear in any other provision of the BOX Rules. Therefore, the
definition is unnecessary.
2. Statutory Basis
The Exchange believes that the proposed change is consistent with
the requirements of Section 6(b) of the Act,\5\ in general, and Section
6(b)(5) of the Act,\6\ in particular, in that it will promote just and
equitable principles of trade, facilitate transactions in securities,
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and protect investors and the
public interest. Specifically, the Exchange believes that the proposed
rule change will further the purposes of the Act by clarifying the use
of certain terms consistent with their use by other self-regulatory
organizations, and by clarifying the Exchange's options confirmation
procedure rules.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78(f)(b).
\6\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement of Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition 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
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(a) By order approve such proposed rule change, or
(b) Institute proceedings to determine whether the proposed rule
change should be disapproved.
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.stml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-BSE-2008-56 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BSE-2008-56. The 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
[[Page 1736]]
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, located at 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 filings also will be available for inspection and copying at
the principal office of the BSE. 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-BSE-2008-56 and should be submitted on or before
February 3, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-439 Filed 1-12-09; 8:45 am]
BILLING CODE 8011-01-P
