Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Notices 52351 

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

2 17 CFR 240.19b–4. 

3 If such a request is made by a member 

organization, CBOE would consider that the 

submission of electronic quotations and orders 

would be made by and on behalf of the member 

organization with which the individual MarketMaker is associated. However, CBOE proposes that 

CBOE Rule 8.3 would state that the individual 

Market-Maker would continue to have all of the 

obligations of a Market-Maker under Exchange rules 

in these circumstances. 

4See Securities Exchange Act Release No. 54184 

(July 20, 2006), 71 FR 42690. 

5 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

6 15 U.S.C. 78f. 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 In Amendment No. 1, Nasdaq makes clarifying 

changes to the rule text in the Nasdaq Capital 

Continued 

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 the following meeting during 

the week of September 5, 2006: 

A closed meeting will be held on 

Thursday, September 7, 2006 at 2 p.m. 

Commissioners, Counsels 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 may also 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), (6), (7), (9)(B) and 

(10) and 17 CFR 200.402(a)(3), (5), (6), 

7(i)(A), (C), (D), and (E), (9)(ii), and (10) 

permit consideration of the scheduled 

matters at the closed meeting. 

Commissioner Atkins, as duty officer, 

voted to consider the items listed for the 

closed meeting in closed session. 

The subject matters of the closed 

meeting scheduled for Thursday, 

September 7, 2006 will be: 

Formal orders of investigation; 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; 

Litigation matters; and 

Consideration of amicus participation. 

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: August 30, 2006. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 06–7442 Filed 8–31–06; 8:45 am] 

BILLING CODE 8010–01–M 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54379; File No. SR–CBOE–

2006–66] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Approving a 

Proposed Rule Change Regarding 

Market-Maker Appointments 

August 28, 2006. 

On July 11, 2006, the Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’ or ‘‘Exchange’’) 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 

amend CBOE Rule 8.3 to provide that in 

the event a Market-Maker is a nominee 

of a member organization or has 

registered the Market-Maker’s 

membership for a member organization, 

the member organization with which 

the Market-Maker is associated would 

be permitted to request that the 

Exchange deem all class appointments 

be made to the member organization 

instead of to the individual MarketMaker.3 In such a case, if an individual 

Market-Maker were no longer associated 

with a member organization, the class 

appointments would continue to be 

held by the member organization and 

not the individual Market-Maker. In the 

event a member organization did not 

request that the class appointments be 

held by the member organization, a 

Market-Maker’s class appointments 

would continue to be held in the name 

of the individual Market-Maker and not 

the member organization with which 

the Market-Maker is associated. The 

proposed rule change was published for 

comment in the Federal Register on July 

27, 2006.4 The Commission received no 

comments on the proposal. 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange 5 and, in particular, the 

requirements of Section 6 of the Act 6

and the rules and regulations 

thereunder. The Commission 

specifically finds that the proposed rule 

change is consistent with Section 6(b)(5) 

of the Act 7 in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments and to 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

Commission believes that the proposal 

should provide more flexibility to 

Market-Maker organizations in 

structuring class appointments. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–CBOE–2006–

66) is approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–14597 Filed 9–1–06; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54378; File No. SR–

NASDAQ–2006–032] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change and 

Amendment No. 1 Thereto To Revise 

The Nasdaq Capital Market Listing 

Requirements 

EFFECTIVE DATE: August 28, 2006. 

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 August 

23, 2006, The NASDAQ Stock Market 

LLC (‘‘Nasdaq’’), 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 Nasdaq. On August 28, 

2006, Nasdaq filed Amendment No. 1 to 

the proposed rule change.3 The 


sroberts on PROD1PC70 with NOTICES