55882 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(5). 

2008) required by 44 U.S.C. 3506(c)(2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: Medical Reports. 

OMB Control Number: OMB 3220– 

0038. 

Form(s) submitted: G–3EMP, G–197, 

G–250, G–250a, G–260, RL–11B, RL– 

11D, RL–250. 

Type of request: Extension without 

change of a currently approved 

collection of information. 

Affected public: Individuals or 

households; Private Sector; State, Local 

and Tribal Government. 

Abstract: The Railroad Retirement Act 

provides disability annuities for 

qualified railroad employees whose 

physical or mental condition renders 

them incapable of working in their 

regular occupation (occupational 

disability) or any occupation (total 

disability). The medical reports obtain 

information needed for determining the 

nature and severity of the impairment. 

Changes proposed: The RRB proposes 

no changes to the forms in the 

collection. 

The burden estimate for the ICR is as 

follows: 

Form No. Annual 

responses Time (min.) Burden (hours) 

G–3EMP ...................................................................................................................................... 600 10 100 

G–197 .......................................................................................................................................... 6,000 10 1,000 

G–250 .......................................................................................................................................... 11,950 30 5,975 

G–250a ........................................................................................................................................ 50 20 17 

G–260 .......................................................................................................................................... 100 25 42 

RL–11b ........................................................................................................................................ 5,000 10 833 

RL–11d ........................................................................................................................................ 250 10 42 

RL–250 ........................................................................................................................................ 11,950 10 1,992 

Total ...................................................................................................................................... 35,900 ........................ 10,001 

Additional information or comments: 

Copies of the form and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer at (312–751–3363) or 

Charles.Mierzwa@rrb.gov. 

Comments regarding the information 

collection should be addressed to 

Ronald J. Hodapp, Railroad Retirement 

Board, 844 North Rush Street, Chicago, 

Illinois 60611–2092 or 

Ronald.Hodapp@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E8–22672 Filed 9–25–08; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58603; File No. SR–CBOE– 

2008–97] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of a 

Proposed Rule To Establish a CBSXOnly Order Type 

September 19, 2008. 

Pursuant to section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on September 16, 2008, 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 

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 change 

CBOE Stock Exchange (‘‘CBSX’’) Rule 

51.8, to adopt a CBSX-Only order. The 

text of the proposed rule change is 

available on the Exchange’s Web site 

(http://www.cboe.com), at the Office of 

the Secretary, CBOE 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 

The purpose of this proposed rule 

change is to revise CBOE Stock 

Exchange (‘‘CBSX’’) Rule 51.8 to adopt 

a CBSX-Only order type. A CBSX-only 

order is an order to buy or sell that is 

to be executed in whole or in part on 

CBSX, and the portion not so executed 

is to be cancelled, without routing the 

order to another market center or market 

participant, and without being 

‘‘flashed’’ at the NBBO price to CBSX 

Traders pursuant to Rule 52.6 when 

CBSX is not at the NBBO and the order 

is marketable against the NBBO. Thus, 

a CBSX-Only order would either 

immediately execute on CBSX, get 

booked on CBSX (provided it does not 

cause a locked or crossed market), or 

cancel. Many exchanges have similar 

order-types (e.g. NSX Rule 11.11(c)(6)). 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with section 

6(b) of the Act 3 in general and furthers 

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

Act 4 in particular in that, by offering 

users greater control over order routing, 

it is designed to promote just and 

equitable principles of trade, serve to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 55883 

5 15 U.S.C. 78s(b)(3)(A). 

6 17 CFR 240.19b–4(f)(6). 

7 In addition, Rule 19b–4(f)(6) under the Act 

requires the self-regulatory organization to give 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 Commission 

has determined to waive the five-day prefiling 

period in this case. 

8For purposes only of waiving the 30-day 

operative delay of this proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 9 17 CFR 200.30–3(a)(12). 

1 15 USC. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3NYSE Bonds is the Exchange trading system 

designated for the purposes of receiving, 

processing, executing, and reporting orders in 

bonds. See NYSE Rule 86. 

4See Securities Exchange Act Release No. 58301 

(August 4, 2008), 73 FR 46672. 

5Section 902.09 of the Manual currently sets 

forth initial and continued listing fees to securities 

listed under Section 703.15 of the Manual (Foreign 

Currency Warrants and Currency Index Warrants) 

and Section 703.22 of the Manual (Index-Linked 

Securities) and traded on the equity floor of the 

Exchange. 

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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change is filed for 

immediate effectiveness pursuant to 

section 19(b)(3)(A) of the Act 5 and Rule 

19b–4(f)(6) thereunder 6 because it 

effects a change that (i) does not 

significantly affect the protection of 

investors or the public interest; (ii) does 

not impose any significant burden on 

competition; and (iii) by its terms, does 

not become operative for 30 days after 

the date of the filing, or such shorter 

time as the Commission may designate 

if consistent with the protection of 

investors and the public interest.7

CBOE has requested the Commission 

to waive the 30-day operative delay 

because the proposal may assist 

investors by allowing greater control 

over order routing. The Commission 

hereby grants the Exchange’s request 

and believes such waiver is consistent 

with the protection of investors and the 

public interest. The CBSX-only order is 

similar to orders currently available on 

other markets and does not appear to 

raise any novel or significant issues.8

Accordingly, the Commission 

designates the proposed rule change 

operative upon filing with the 

Commission. 

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–2008–97 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–CBOE–2008–97. 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– 

2008–97 and should be submitted on or 

before October 17, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22656 Filed 9–25–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58599; File No. SR–NYSE– 

2008–56] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Order 

Approving Proposed Rule Change To 

Amend Section 902.09 of the Listed 

Company Manual To Establish Fees for 

Securities Listed Under Sections 

703.21 and 703.22 of the Listed 

Company Manual and Traded on NYSE 

Bonds and To Waive Fees for 

Structured Products Transferred From 

the Amex to the NYSE 

September 19, 2008. 

I. Introduction 

On July 24, 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 establish fees for securities listed 

under Sections 703.21 and 703.22 of the 

Listed Company Manual and traded on 

NYSE Bonds 3 and to waive fees for 

certain structured products transferred 

from the American Stock Exchange LLC 

(‘‘Amex’’) to the NYSE. The proposed 

rule change was published in the 

Federal Register on August 11, 2008.4

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 

Section 902.09 of the Manual to extend 

the initial and continued listing fees 

charged thereunder to certain listed 

securities traded on the equity floor to 

securities listed under Section 703.21 

(Equity-Linked Debt Securities) and 

Section 703.22 (Index-Linked 

Securities) and traded on NYSE Bonds.5

The Exchange does not currently set 

forth in the Manual any listing fees for 

securities that are listed under either 

Section 703.21 of the Manual (EquityLinked Debt Securities) or Section 


jlentini on PROD1PC65 with NOTICES