Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 11143 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5These pilot programs previously were extended 

for one year until March 14, 2009. See Rel. No. 

57519 (March 18, 2008), 73 FR 15805 (March 25, 

2008) (immediate effectiveness of SR–CBOE–2008– 

29). 

accepted or may be considered public 

documents. The non-confidential 

summary will be placed in the docket 

and open to public inspection. 

Public versions of all documents 

relating to this review will be made 

available for public viewing at http:// 

www.regulations.gov upon completion 

of processing and no later than 

approximately two weeks after the 

relevant due date. 

Marideth Sandler, 

Executive Director, Generalized System of 

Preferences (GSP) Program, Office of the U.S. 

Trade Representative. 

[FR Doc. E9–5541 Filed 3–13–09; 8:45 am] 

BILLING CODE 3190–W9–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Excepted Service 

AGENCY: U.S. Office of Personnel 

Management (OPM). 

ACTION: Notice. 

SUMMARY: This gives notice of OPM 

decisions granting authority to make 

appointments under Schedules A, B, 

and C in the excepted service as 

required by 5 CFR 6.6 and 213.103. 

FOR FURTHER INFORMATION CONTACT: 

Glenda Haendschke, Acting Group 

Manager, Executive Resources Services 

Group, Center for Human Resources, 

Division for Human Capital Leadership 

and Merit System Accountability, 202– 

606–2246. 

SUPPLEMENTARY INFORMATION: Appearing 

in the listing below are the individual 

authorities established under Schedules 

A, B, and C between December 1, 2008, 

and December 31, 2008. Future notices 

will be published on the fourth Tuesday 

of each month, or as soon as possible 

thereafter. A consolidated listing of all 

authorities as of September 30 is 

published each year. 

Schedule A 

No Schedule A appointments were 

approved for December 2008. 

Schedule B 

No Schedule B appointments were 

approved for December 2008. 

Schedule C 

The following Schedule C 

appointments were approved during 

December 2008. 

Executive Office of the President 

Department of State 

DSGS69758 Foreign Affairs Officer to 

the Ambassador-At-Large (War 

Crimes). Effective December 10, 

2008. 

Department of the Interior 

DIGS01132 Special Assistant— 

Scheduling and Advance to the 

Director of Scheduling and 

Advance. Effective December 02, 

2008. 

United States International Trade 

Commission 

TCGS60100 Staff Assistant (Legal) to a 

Commissioner. Effective December 

09, 2008. 

Department of Transportation 

DTGS60462 Associate Director for 

Public Affairs to the Deputy 

Director for Public Affairs. Effective 

December 10, 2008. 

Authority: 5 U.S.C. 3301 and 3302; E.O. 

10577, 3 CFR 1954–1958 Comp., p. 218. 

U.S. Office of Personnel Management. 

Kathie Ann Whipple, 

Acting Director. 

[FR Doc. E9–5585 Filed 3–13–09; 8:45 am] 

BILLING CODE 6325–39–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59539; File No. SR–CBOE– 

2009–015] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Two Pilot 

Programs 

March 9, 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 February 

27, 2009, the Chicago Board Options 

Exchange, Incorporated (the ‘‘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 

proposed rule change pursuant to 

Section 19(b)(3)(A) of the Act 3 and Rule 

19b–4(f)(6) thereunder,4 which renders 

it 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 proposes to amend 

CBOE rules relating to two pilot 

programs. 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. 

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 

The purpose of this rule change is to 

delete reference to two existing pilot 

programs in CBOE’s rules that CBOE no 

longer utilizes and which are scheduled 

to expire on March 14, 2009. 

One pilot program allows a MarketMaker, Off-Floor DPM, Off-Floor LMM 

or an e-DPM to have an affiliated 

Market-Maker physically present in the 

trading crowds where it operates as a 

Market-Maker, Off-Floor DPM, Off-Floor 

LMM, or e-DPM, respectively. The 

second pilot program allows a CBOE 

member or member firm to have 

multiple aggregation units operating as 

separate Market-Makers within the same 

class, provided they satisfy certain 

criteria set forth in Rule 8.3(c)(vi).5

CBOE notes that these pilot programs 

were initially adopted, in part, due to 

CBOE’s usage of an algorithm that 

allocates electronic trades, in whole or 

in part, in an equal percentage based on 

the number of market participants 

quoting at the best bid or offer— 

specifically CBOE’s ultimate matching 

algorithm ‘‘UMA.’’ In January 2008, 

11144 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

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

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

CBOE determined to utilize a pro-rata 

algorithm, instead of UMA, as the 

applicable matching algorithm in all 

Hybrid classes. As a result, these pilot 

programs are no longer being utilized 

and CBOE proposes to delete reference 

to them in its rules in connection with 

their expiration on March 14, 2009. 

As amended, Rule 8.3(c)(vi) states that 

a Market-Maker may not hold an 

appointment and submit electronic 

quotations in any class in which an 

affiliated DPM, LMM or e-DPM is 

appointed, or in which an affiliated 

Market-Maker holds an appointment 

and submits electronic quotations, if 

CBOE uses in that class an allocation 

algorithm that allocates electronic 

trades, in whole or in part, in an equal 

percentage based on the number of 

market participants quoting at the best 

bid or offer. However, Rule 8.3(c)(vi) 

also notes that: (i) The foregoing 

restriction does not apply if CBOE uses 

in a particular options class an 

allocation algorithm that does not 

allocate electronic trades, in whole or in 

part, in an equal percentage based on 

the number of market participants 

quoting at the best bid or offer; and (ii) 

there is no restriction on affiliated 

Market-Makers holding an appointment 

in the same class for purposes of trading 

in open outcry. These exceptions are 

currently contained in Rule 8.3(c)(vi)(3). 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) and the rules and regulations 

under the Act applicable to a national 

securities exchange and, in particular, 

the requirements of Section 6(b) of the 

Act. Specifically, the Exchange believes 

the proposed rule change is consistent 

with the Section 6(b)(5) Act 6

requirements that the rules of an 

exchange be designed to promote just 

and equitable principles of trade, to 

prevent fraudulent and manipulative 

acts and, in general, to protect investors 

and the public interest, in that deleting 

reference to two existing pilot programs 

in CBOE’s rules that CBOE no longer 

utilizes and which are scheduled to 

expire on March 14, 2009 clarifies the 

rules that members are obligated to 

comply with. 

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 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 neither solicited nor 

received comments on the proposal. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: 

(i) Significantly affect the protection 

of investors or the public interest; 

(ii) Impose any significant burden on 

competition; and 

(iii) Become operative for 30 days 

from the date on which it was filed, or 

such shorter time as the Commission 

may designate, if consistent with the 

protection of investors and the public 

interest, it has become effective 

pursuant to Section 19(b)(3)(A) of the 

Act 7 and Rule 19b–4(f)(6) thereunder.8

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–CBOE–2009–015 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–2009–015. 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 such 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– 

2009–015 and should be submitted on 

or before April 6, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5566 Filed 3–13–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59546; File No. SR–CBOE– 

2009–016] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Modify the Hybrid 

Rule Pertaining to Orders Represented 

in Open Outcry 

March 10, 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 March 6, 

2009, the Chicago Board Options 

Exchange, Incorporated (‘‘Exchange’’ or 

‘‘CBOE’’) filed with the Securities and