1900 Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Notices 

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

2 17 CFR 240.19b–4. 

3See letter to Richard Holley, Senior Special 

Counsel, Division of Trading and Markets, 

Commission, from Nyieri Nazarian, Assistant 

General Counsel, American Stock Exchange LLC 

(‘‘Amex’’), dated October 29, 2007. 

4See Amex Rule 590. 

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

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

7 17 CFR 240.19d–1(c)(2). 

Benefit Payment Rollover Election for 

Federal Employees Retirement System 

(FERS), provides FERS surviving 

spouses and former spouses with the 

means to elect payment of FERS 

rollover-eligible benefits directly or to 

an Individual Retirement Arrangement. 

Approximately 3,444 RI 94–7 forms 

will be completed annually. The form 

takes approximately 60 minutes to 

complete. The annual burden is 3,444 

hours. 

For copies of this proposal, contact 

Mary Beth Smith-Toomey on (202) 606–

8358, FAX (202) 418–3251 or via E-mail 

to MaryBeth.Smith-Toomey@opm.gov. 

Please include a mailing address with 

your request. 

DATES: Comments on this proposal 

should be received within 30 calendar 

days from the date of this publication. 

ADDRESSES: Send or deliver comments 

to—

Ronald W. Melton, Deputy Assistant 

Director Retirement Services Program, 

Center for Retirement and Insurance 

Services, U.S. Office of Personnel 

Management, 1900 E Street, NW., Room 

3305, Washington, DC 20415–3500 and 

Brenda Aguilar, OPM Desk Officer, 

Office of Information & Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

NW., Room 10235, Washington, DC 

20503. 

For Information Regarding 

Administrative Coordination—

Contact: Cyrus S. Benson, Team 

Leader, Publications Team, RIS Support 

Services/Support Group, (202) 606–

0623. 

U.S. Office of Personnel Management. 

Howard Weizmann, 

Deputy Director. 

[FR Doc. E8–215 Filed 1–9–08; 8:45 am] 

BILLING CODE 6325–38–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–57089; File No. SR–CBOE–

2007–143] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of 

Proposed Rule Change Pertaining to 

the Imposition of Fines for Minor Rule 

Violations 

January 3, 2008. 

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 

27, 2007, 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 substantially 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 

The Exchange proposes to amend 

CBOE Rule 17.50, ‘‘Imposition of Fines 

for Minor Rule Violations,’’ to revise the 

provisions of CBOE Rule 17.50(g)(8) 

‘‘Violations of Exercise and Exercise 

Advice Rules for Noncash-Settled 

Equity Options.’’ The text of the 

proposed rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/Legal), at the CBOE’s 

principal office, 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 

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 

Exchange 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 increase 

and strengthen the sanctions imposed 

by its Minor Rule Violation Plan 

(‘‘MRVP’’) on any member who fails to 

submit to the Exchange in a timely 

manner pursuant to CBOE Rule 11.1 (or 

a Regulatory Circular issued pursuant to 

CBOE Rule 11.1) ‘‘Advice Cancel’’ or 

exercise instruction relating to the 

exercise or nonexercise of a noncashsettled equity option. The Exchange 

believes that increasing the fine levels 

specified with respect to both 

individual members and member 

organizations, and lengthening the 

surveillance period from a 12-month 

period to a rolling 24-month period will 

serve as an effective deterrent to such 

violative conduct. 

In addition, the Exchange, as a 

member of the Intermarket Surveillance 

Group, as well as certain other selfregulatory organizations (‘‘SROs’’) 

executed and filed on October 29, 2007 

with the Commission, a final version of 

an Agreement pursuant to section 17(d) 

of the Act (the ‘‘17d–2 Agreement’’).3 As 

set forth in the 17d–2 Agreement, the 

SROs have agreed that their respective 

rules concerning the filing of Expiring 

Exercise Declarations, also referred to as 

Contrary Exercise Advices, of options 

contracts, are common rules. As a result, 

the proposal to amend the CBOE’s 

MRVP will further result in consistency 

in sanctions among the SROs that are 

signatories to the 17d–2 Agreement 

concerning Contrary Exercise Advice 

violations.4 In addition, the proposed 

rule change replaces the term 

‘‘infraction’’ with the term ‘‘violation’’

to provide greater consistency among 

the signatories to the 17d–2 Agreement 

concerning Contrary Exercise Advice 

violations. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

section 6(b) of the Act,5 in general, and 

furthers the objectives of section 6(b)(5) 

of the Act,6 in particular, in that it is 

designed to 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, in 

general, to protect investors and the 

public interest. Specifically, the 

Exchange believes that the proposed 

rule change will strengthen its ability to 

carry out its oversight responsibilities as 

an SRO and reinforce its surveillance 

and enforcement functions. 

Additionally, the Exchange believes that 

the proposed rule change will promote 

consistency in minor rule violations and 

respective SRO reporting obligations as 

set forth pursuant to Rule 19d–1(c)(2) 

under the Act,7 which governs minor 

rule violation plans. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 


yshivers on PROD1PC62 with NOTICES
Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Notices 1901 

8 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). 

4 17 CFR 240.19b–4(f)(6). 

5On December 12, 2007, Nasdaq’s stockholders 

voted to approve a change in its name from The 

Nasdaq Stock Market, Inc. to The NASDAQ OMX 

Group, Inc. The change will become effective upon 

the closing of the Transactions (as defined below). 

6Copies of the Definitive Agreements and a 

description of their terms were filed by Nasdaq on 

Continued 

burden on competition that is 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 

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 Exchange 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–CBOE–2007–143 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–CBOE–2007–143. 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, 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 filing also will be 

available for inspection and copying at 

the principal office of the CBOE. 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–2007–143 and 

should be submitted on or before 

January 31, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–188 Filed 1–9–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–57099; File No. SR–

NASDAQ–2008–002] 

Self-Regulatory Organizations; the 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Nasdaq Stockholders’ Agreement 

Between the Nasdaq Stock Market, Inc. 

and Borse Dubai Limited 

January 4, 2008. 

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 January 2, 

2008, the NASDAQ Stock Market LLC 

(the ‘‘Nasdaq Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

substantially by the Nasdaq Exchange. 

The Nasdaq 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 Nasdaq Exchange’s parent 

corporation, The Nasdaq Stock Market, 

Inc. (‘‘Nasdaq’’),5 proposes to enter into 

a Nasdaq Stockholders’’ Agreement (the 

‘‘Agreement’’) with Borse Dubai Limited 

(‘‘Borse Dubai’’). There is no proposed 

rule text. 

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 

Nasdaq Exchange 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 

Nasdaq Exchange 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 

On November 15, 2007, Nasdaq 

entered into definitive agreements with 

Borse Dubai and BD Stockholm AB, and 

with Borse Dubai and Dubai 

International Financial Exchange 

(‘‘DIFX’’) (the ‘‘Definitive Agreements’’) 

pursuant to which (i) Borse Dubai will 

acquire up to 100% of the outstanding 

share capital of OMX AB (‘‘OMX’’) by 

means of a public tender offer, (ii) Borse 

Dubai will acquire shares of common 

stock of Nasdaq representing 

approximately 28% of its outstanding 

share capital, with the shares in excess 

of 19.9% held in a trust subject to an 

obligation to sell under certain 

conditions, (iii) Nasdaq will acquire 

33.3% of the outstanding share capital 

of DIFX, an exchange subsidiary of 

Borse Dubai, and (iv) Nasdaq will 

acquire up to 100% of the outstanding 

share capital of OMX from Borse Dubai 

(collectively, the ‘‘Transactions’’).6 The 


yshivers on PROD1PC62 with NOTICES