Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 53469 

7 15 U.S.C. 78s(d)(1) and 17 CFR 240.19d–1(c)(2). 

8 17 CFR 200.30–3(a)(44). 

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

19b–4(f)(6)(iii) requires the self-regulatory 

organization to give the Commission 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 

Commission has determined to waive the five-day 

prefiling period in this case. 

18 17 CFR 240.19b–4(f)(6)(iii). 

19See E-mail from Lisa J. Fall, General Counsel 

and Corporate Secretary, BOX, to Molly Kim, 

Special Counsel, Division of Trading and Markets, 

Commission, on August 29, 2008. 

20For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 58254 

(July 30, 2008), 73 FR 45511. 

be submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/other.shtml); or 

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

No. 4–568 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549. 

All submissions should refer to File No. 

4–568. 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/other.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 changes 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 20549–1090. 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 No. 4–568 and 

should be submitted on or before 

October 16, 2008. 

II. Date of Effectiveness of the Proposed 

Minor Rule Violation Plan and Timing 

for Commission Action 

Pursuant to section 19d–1 of the Act 

and Rule 19d–1(c)(2) thereunder,7 after 

October 16, 2008, the Commission may, 

by order, declare BATS Exchange’s 

proposed Minor Rule Violation Plan 

effective if the plan is consistent with 

the public interest, the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. The 

Commission in its order may restrict the 

categories of violations to be designated 

as minor rule violations and may 

impose any other terms or conditions to 

the proposed Minor Rule Violation Plan, 

File No. 4–568, and to the period of its 

effectiveness which the Commission 

deems necessary or appropriate in the 

public interest, for the protection of 

investors or otherwise in furtherance of 

the purposes of this Act. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21616 Filed 9–15–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58445A; File No. SR–BSE– 

2008–43] 

Self-Regulatory Organizations; Boston 

Stock Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Regarding 

Transfer of Ownership of MX US 2, 

Inc.; Correction 

September 10, 2008. 

In FR Doc. No. E8–20869, for 

Tuesday, September 9, 2008, beginning 

on page 52434, make the following 

correction. On page 52436, first column, 

the first full paragraph is revised to read 

as follows: 

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to 30 days after 

the date of filing.17 However, Rule 19b– 

4(f)(6)(iii) permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest.18 The 

Exchange has requested that the 

Commission waive the 30-day operative 

delay.19 The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because BSE has represented that the 

Instruments of Accession will be 

executed on August 29, 2008, and there 

is no reason to delay implementation of 

the changes to the BOX LLC Agreement 

pursuant to the Instruments of 

Accession. For these reasons, the 

Commission designates the proposal to 

be operative upon filing with the 

Commission.20

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21485 Filed 9–15–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58499; File No. SR–NYSE– 

2008–58] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Order 

Approving Proposed Rule Change To 

Make Permanent a Pilot Program 

Under Which the Exchange Excludes 

From Its Earnings Standard Gains or 

Losses From Extinguishment of Debt 

Prior to Maturity 

September 9, 2008. 

I. Introduction 

On July 22, 2008, the New York Stock 

Exchange LLC (‘‘NYSE’’ 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 enable the Exchange to adjust 

the earnings of companies for purposes 

of the Exchange’s pre-tax earnings 

standard by excluding gains or losses 

recognized in connection with the 

extinguishment of debt prior to its 

maturity. The proposed rule change was 

published for comment in the Federal 

Register on August 5, 2008.3 The 

Commission received no comments on 

the proposal. This order approves the 

proposed rule change. 

II. Description of the Proposal 

The Exchange proposes to amend the 

earnings standard of section 102.01C(I) 

of the Exchange’s Listed Company 

Manual (‘‘Manual’’) to enable the 

Exchange to adjust the earnings of 

companies for purposes of its pre-tax 

earnings standard by excluding gains or 

losses recognized in connection with 

the extinguishment of debt prior to its 

maturity. The adjustment would relate 


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