6332 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 

1 15 U.S.C. 78s(b)(l). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59152 

(December 23, 2008), 74 FR 149 (January 2, 2009) 

(‘‘Notice’’). 

4See letter to Florence E. Harmon, Acting 

Secretary, Commission, from Janet M. Kissane, 

Senior Vice President—Legal and Corporate 

Secretary, Office of the General Counsel, NYSE 

Euronext dated January 9, 2009 (‘‘NYSE Euronext 

Letter’’). 

NATIONAL SCIENCE FOUNDATION 

Notice of Permit Modification Request 

Received Under the Antarctic 

Conservation Act of 1978 

AGENCY: National Science Foundation. 

ACTION: Notice of permit modification 

request received under the Antarctic 

Conservation Act of 1978, Public Law 

95–541. 

SUMMARY: Notice is hereby given that 

the National Science Foundation (NSF) 

has received a request to modify a 

permit issued to conduct activities 

regulated under the Antarctic 

Conservation Act of 1978 (Pub. L. 95– 

541; Code of Federal Regulations Title 

45, Part 670). 

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to the permit 

modification by March 9, 2009. The 

permit modification request may be 

inspected by interested parties at the 

Permit Office, address below. 

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230. 

FOR FURTHER INFORMATION CONTACT: 

Polly A. Penhale or Nadene G. Kennedy 

at the above address or (703) 292–8030. 

Description of Permit Modification 

Requested 

On October 1, 2008, the National 

Science Foundation issued a waste 

management permit (2009 WM–001) to 

Erica Wikander, Environmental Officer, 

Quark Expeditions, Inc. after posting a 

notice in the June 9, 2008 Federal 

Register. Public comments were not 

received. The issued permit was for the 

operation of remote field support and 

emergency provisions for the expedition 

vessels, AKADEMIK SERGEY 

VAVILOV, AKADEMIK IOFFEE and 

CLIPPER ADVENTURER. The permit 

holder requests to take 4 ATV’s and two 

10 gallon plastic containers of regular 

gasoline ashore, which will be housed 

in the garage overnight at 

Bellingshausen Station. The ATV’s will 

be used during the course of a marathon 

that will be run on King George Island. 

The ATV’s will be used primarily for 

safety reasons should anyone need to 

return to the beach or ship, due to an 

accident or a collapse. The ATV’s will 

be used to conduct a thorough cleanup 

after the marathon. 

In addition the permit holder 

proposes to take 3 portable toilets 

ashore and set them up in small tents. 

After the marathon everything will be 

removed back to the ship and no human 

waste will be left ashore. The waste 

from the portable toilets will be put into 

the storage tank for sewage on the ships. 

The duration of the requested 

modification is coincident with the 

current permit which expires on March 

31, 2013. 

Nadene G. Kennedy, 

Permit Officer. 

[FR Doc. E9–2551 Filed 2–5–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–277 and 50–278] 

Exelon Generation Company, LLC, and 

PSEG Nuclear, LLC; Environmental 

Assessment and Finding of No 

Significant Impact; Correction NRC– 

2009–0033 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental Assessment and 

Finding of No Significant Impact; 

Correction. 

SUMMARY: This document corrects a 

notice appearing in the Federal Register 

on January 29, 2009 (74 FR 5191), that 

notified the public of the Environmental 

Assessment and Finding of No 

Significant Impact for issuance of an 

Exemption from Title 10 of the Code of 

Federal Regulations (10 CFR) Part 50, 

Appendix R, Section III.G, ‘‘Fire 

Protection of Safe Shutdown 

Capability,’’ for the use of operator 

manual actions in lieu of the 

requirements specified in Section III.G.2 

as requested by Exelon Generation 

Company, LLC for operation of Peach 

Bottom Atomic Power Station, Units 2 

and 3 located in York and Lancaster 

Counties, Pennsylvania. This action is 

necessary to correct the Licensee’s name 

as stated in the subject heading of the 

original notice. 

FOR FURTHER INFORMATION CONTACT: John 

D. Hughey, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone (301) 415–3204, e-mail: 

John.Hughey@nrc.gov. 

SUPPLEMENTARY INFORMATION: On page 

5191, in the first column, 11th line, the 

subject heading is corrected to read from 

‘‘Entergy Nuclear Operations, Inc.;’’ to 

‘‘Exelon Generation Company, LLC, and 

PSEG Nuclear, LLC;.’’ 

Dated in Rockville, Maryland, this 29th 

day of January 2009. 

For the Nuclear Regulatory Commission. 

John D. Hughey, 

Project Manager, Plant Licensing Branch I– 

2, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–2546 Filed 2–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59336; File No. SR–CBOE– 

2008–127] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Approving 

Proposal To Eliminate the $3 

Underlying Price Requirement for 

Continued Listing and Listing of 

Additional Series 

February 2, 2009. 

On December 18, 2008, the Chicago 

Board Options Exchange, Incorporated 

(‘‘Exchange’’ or ‘‘CBOE’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

eliminate the $3 underlying price 

requirement for continued listing and 

for the listing of additional series. The 

proposed rule change was published for 

comment in the Federal Register on 

January 2, 2009.3 The Commission 

received one comment letter on the 

proposed rule change.4 This order 

approves the proposed rule change. 

The proposed rule change amends 

CBOE Rule 5.4.01 to eliminate the $3 

market price per share requirement from 

the Exchange’s requirements for 

continued approval for an underlying 

security and amends CBOE Rule 5.4.02 

to eliminate the prohibition against 

listing additional series of options on an 

underlying security at any time when 

the price per share of such underlying 

security is less than $3. 

The Exchange believes that the $3 

market price per share requirement is no 

longer necessary or appropriate, and 

states that only those underlying 

securities meeting the remaining 

maintenance listing criteria set forth in 

Rule 5.4.01 will be eligible for 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 6333 

5 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

6 15 U.S.C. 78f(b)(5). 

7See CBOE Rule 5.4.01(f). Rule 600 of Regulation 

NMS defines an NMS security as ‘‘any security or 

class of securities for which transaction reports are 

collected, processed, and made available pursuant 

to an effective transaction reporting plan, or an 

effective national market system plan for reporting 

transactions in listed options,’’ and an NMS stock 

as ‘‘any NMS security other than an option.’’ 

8See CBOE Rule 5.4.01(a)–(c). 

9See NYSE Euronext Letter, supra note 4. 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

continued listing and the listing of 

additional option series. The Exchange 

believes that the current $3 market price 

per share requirement could have a 

negative effect on investors. For 

example, in the current volatile market 

environment, the Exchange is currently 

unable to list new series on underlying 

securities trading below $3. If there is 

market demand for series below $3, the 

Exchange would be unable to 

accommodate such requests and 

investors would be unable to hedge 

their positions with options series with 

strikes below $3. 

After carefully reviewing the 

proposed rule change, the Commission 

finds that the proposal is consistent 

with the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.5 In particular, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act,6 which, among other 

things, requires that the rules of a 

national securities exchange be 

designed to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating transactions in securities, 

to remove impediments to and perfect 

the mechanism of a free and open 

market and a national market system 

and, in general, to protect investors and 

the public interest. 

CBOE’s rules provide that a security 

underlying an option will not be 

deemed to meet the requirements for 

continued approval if the underlying 

security ceases to be an NMS stock.7

CBOE’s rules also include other 

minimum standards for continued 

approval, including requirements 

related to the minimum number of 

outstanding shares, number of holders, 

and trading volume of the underlying 

security.8 The Commission believes that 

securities underlying options traded on 

CBOE will remain subject to adequate 

minimum standards for continued 

approval, which should help to ensure 

that only options on liquid underlying 

securities are permitted to trade on 

CBOE. The Commission also notes that 

the NYSE Euronext letter generally 

supports the proposal.9 Accordingly, the 

Commission believes that CBOE’s 

proposed rule change is consistent with 

the Act. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,10 that the 

proposed rule change (SR–CBOE–2008– 

127), be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2481 Filed 2–5–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59331; File No. SR–CBOE– 

2009–003] 

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 

January 30, 2009. 

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 January 

29, 2009, 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 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is proposing to extend 

its program that allows transactions to 

take place at a price that is below $1 per 

option contract until May 29, 2009. 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’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 

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 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 

An ‘‘accommodation’’ or ‘‘cabinet’’ 

trade refers to trades in listed options on 

the Exchange that are worthless or not 

actively traded. 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 $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. 

On December 30, 2008, the Exchange 

temporarily amended 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 


dwashington3 on PROD1PC60 with NOTICES