56622 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 

12 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). 

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

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

7The Exchange has fulfilled this requirement. 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10 Id. 

submissions should refer to File 

Number SR–CBOE–2008–95 and should 

be submitted on or before October 20, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22747 Filed 9–26–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Release No. 34–58616; File No. SR–CBOE– 

2008–99] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by Chicago 

Board Options Exchange, Incorporated 

Relating to Transfer of Interim Trading 

Permits 

September 22, 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 

September 19, 2008, the Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’ or the ‘‘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 by the CBOE. CBOE has 

filed the proposal pursuant to Section 

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

4(f)(6) thereunder,4 which renders the 

proposal effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to amend the transfer 

provisions applicable to Interim Trading 

Permits. 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, 

CBOE 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 CBOE 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 

(a) Purpose 

CBOE Rule 3.27(g) currently provides 

that Interim Trading Permits are nontransferable, except that in a form and 

manner prescribed by the Exchange (i) 

a member organization may change the 

designation of the nominee in respect of 

each Interim Trading Permit it holds 

and (ii) an individual Interim Trading 

Permit holder at any time after the 

issuance of that Interim Trading Permit 

may transfer that Interim Trading Permit 

to a member organization with which 

such individual is then associated. 

The Exchange is proposing to amend 

Rule 3.27(g) to provide for a third 

circumstance in which an Interim 

Trading Permit may be transferred. 

Specifically, the Exchange proposes to 

amend Rule 3.27(g) to provide that the 

holder of an Interim Trading Permit may 

transfer the Interim Trading Permit to an 

organization which has succeeded, 

through statutory merger, exchange of 

stock, or acquisition of assets to the 

business of the transferor. 

This proposed new provision is 

equivalent to CBOE Rule 3.14(c)(ii) 

which permits the owner of a 

transferable CBOE membership to 

transfer the membership to an 

organization which has succeeded, 

through statutory merger, exchange of 

stock, or acquisition of assets to the 

business of the transferor. 

(b) Statutory Basis 

The proposed rule change will allow 

for the business and trading operations 

of an Interim Trading Permit holder to 

continue without interruption when the 

business of that Interim Trading Permit 

holder is transferred to another 

organization and avoid a disruption to 

those trading operations that would 

result from the loss of the Interim 

Trading Permits that support those 

operations and the need for the 

successor organization to obtain other 

trading access to the Exchange, which 

may not be available at that time. 

Accordingly, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b) of the Act in general,5

and furthers the objectives of Section 

6(b)(5) in particular,6 in that it is 

designed to facilitate transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and to protect investors and the 

public interest. 

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 that is not 

necessary or appropriate in furtherance 

of 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 

Because the 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 thirty days after the date of 

filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, provided that the selfregulatory organization has given the 

Commission written notice of its intent 

to file 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,7 the proposed rule change 

has become effective pursuant to 

Section 19(b)(3)(A) of the Act 8 and Rule 

19b–4(f)(6) thereunder.9

Under Rule 19b–4(f)(6) of the Act,10

the proposal does not become operative 

for 30 days after the date of its filing, or 

such shorter time as the Commission 

may designate if consistent with the 

protection of investors and the public 

interest. The Exchange has requested 

that the Commission waive the 30-day 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 56623 

11For purposes only of waiving the operative date 

of this proposal, the Commission has considered 

the proposed rule’s impact on efficiency, 

competition, and capital formation. 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). 

operative delay based upon CBOE’s 

representation to the Commission that 

Lehman Brothers Inc. is seeking to 

transfer its trading operations on CBOE 

to Barclays Capital Inc. on an 

expeditious basis and that the waiver of 

the foregoing time period will help to 

facilitate the orderly transfer of these 

operations and avoid the disruption to 

those operations and to CBOE’s market 

that would result if those operations 

needed to be curtailed because Barclays 

Capital Inc. would not have immediate 

use of the Interim Trading Permits used 

to support those operations. Although 

the foregoing is the impetus for this rule 

change, going forward any other Interim 

Trading Permit holder would also be 

able to avail themselves of the proposed 

transfer provision if desired. Based on 

these reasons, the Commission believes 

that waiving the 30-day operative delay 

is consistent with the protection of 

investors and the public interest, and 

thus designates the proposal effective 

upon filing.11

At any time within sixty days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the 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–2008–99 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–2008–99. 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–2008–99 and should 

be submitted on or before October 20, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22748 Filed 9–26–08; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11437 and #11438] 

West Virginia Disaster #WV–00010 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of West Virginia dated 09/ 

22/2008. 

Incident: Flea Market Fire. 

Incident Period: 09/10/2008. 

Effective Date: 09/22/2008. 

Physical Loan Application Deadline 

Date: 11/21/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/22/2009. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Cabell. 

Contiguous Counties: 

West Virginia: Lincoln, Mason, 

Putnam, Wayne. 

Ohio: Gallia, Lawrence. 

The Interest Rates are: 

Percent 

Homeowners with Credit Available 

Elsewhere ................................. 5.750 

Homeowners without Credit Available Elsewhere ......................... 2.875 

Businesses with Credit Available 

Elsewhere ................................. 8.000 

Businesses & Small Agricultural 

Cooperatives without Credit 

Available Elsewhere .................. 4.000 

Other (Including Non-Profit Organizations) with Credit Available 

Elsewhere ................................. 5.250 

Businesses and Non-Profit Organizations without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage is 11437 5 and for 

economic injury is 11438 0. 

The States which received an EIDL 

Declaration # are West Virginia; Ohio. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: September 22, 2008. 

Sandy K. Baruah, 

Acting Administrator. 

[FR Doc. E8–22774 Filed 9–26–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Suspension of Applications for the 

Small Disadvantaged Business 

Program 

Correction 

In notice document E8–22388 

appearing on page 54881 in the issue of 

Tuesday, September 23, 2008, make the 

following correction: 

mstockstill on PROD1PC66 with NOTICES