[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9377]
[DOCID:fr20fe08-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57314; File No. SR-CBOE-2007-143]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change Relating to the
Imposition of Fines for Minor Rule Violations

February 12, 2008.
    On December 27, 2007, the Chicago Board Options Exchange,
Incorporated (``CBOE'' 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 amend CBOE Rule 17.50
(Imposition of Fines for Minor Rule Violations) and to revise CBOE
17.50(g)(8) (Violations of Exercise and Exercise Advice Rules for Non-
Cash-Settled Equity Options). The proposed rule change was published
for comment in the Federal Register on January 10, 2008.\3\ The
Commission received no comments regarding the proposal. This order
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 57089 (January 3,
2008), 73 FR 1900.
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    The Exchange proposes to increase and strengthen the sanctions
imposed under 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 noncash-settled 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.\4\
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    \4\ In addition, as a member of the Intermarket Surveillance
Group, the Exchange, as well as certain other self-regulatory
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''). 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 CBOE's MRVP will
result in further consistency in sanctions among the SROs that are
signatories to the 17d-2 Agreement concerning Contrary Exercise
Advice violations.
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    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\5\ In
particular, the Commission believes that the proposal is consistent
with Section 6(b)(5) of the Act,\6\ which requires that the rules of an
exchange be designed to promote just and equitable principles of trade,
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, in general, to protect investors and the public interest.
The Commission further believes that CBOE's proposal to increase the
fine levels imposed on individuals and member organizations who fail to
submit Advice Cancel or exercise instructions in a timely manner is
consistent with Sections 6(b)(1) and 6(b)(6) of the Act,\7\ which
require that the rules of an exchange enforce compliance with, and
provide appropriate discipline for, violations of Commission and
Exchange rules. In addition, the Commission finds that the proposal is
consistent with the public interest, the protection of investors, or
otherwise in furtherance of the purposes of the Act, as required by
Rule 19d-1(c)(2) under the Act,\8\ which governs minor rule violation
plans. The Commission believes that the proposed rule change should
strengthen the Exchange's ability to carry out its oversight and
enforcement responsibilities as an SRO in cases where full disciplinary
proceedings are unsuitable in view of the minor nature of the
particular violation.
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    \5\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \8\ 17 CFR 240.19d-1(c)(2).
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    In approving this proposed rule change, the Commission in no way
minimizes the importance of compliance with CBOE rules and all other
rules subject to the imposition of fines under the MRVP. The Commission
believes that the violation of any SRO rules, as well as Commission
rules, is a serious matter. However, the MRVP provides a reasonable
means of addressing rule violations that do not rise to the level of
requiring formal disciplinary proceedings, while providing greater
flexibility in handling certain violations. The Commission expects that
CBOE would continue to conduct surveillance with due diligence and make
a determination based on its findings, on a case-by-case basis, whether
a fine of more or less than the recommended amount is appropriate for a
violation under the CBOE MRVP or whether a violation requires formal
disciplinary action under CBOE Chapter XVII.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\9\ and Rule 19d-1(c)(2) under the Act,\10\ that the proposed rule
change (SR-CBOE-2007-143) be, and hereby is, approved and declared
effective.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(44).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-3038 Filed 2-19-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: December 23, 2005 (Volume 70, Number 246)]
[Notices]
[Page 76273]
[DOCID:fr23de05-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. RP06-144-000]

Eastern Shore Natural Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

December 15, 2005.
    Take notice that on December 9, 2005 Eastern Shore Natural Gas
Company (Eastern Shore) tendered for filing revised tariff sheets,
proposed to be effective December 21, 2005.
    Eastern Shore states that copies of its filing has been mailed to
its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-7749 Filed 12-22-05; 8:45 am]

BILLING CODE 6717-01-P


PUBLIC REPRESENTATIVES

Douglas J. Kalinowski, CIH

Director, Michigan Occupational Safety and Health Administration (MIOSHA)

Department of Labor & Economic Growth

7150 Harris Drive

Lansing, MI  48909

(517) 322-1817 (phone)

(517) 322-1775 (fax)

<EMAIL_ADDRESS> Term expires:  December 2009

Member since 2005

Vickie Wells, MS *

Director

Occupational Safety & Health

San Francisco Department of Public Health

2606 Hastings Drive

Belmont, CA  94002

415-554-2797 (phone)

415-554-2562 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  December 2009

Member since 2002

Roy Buchan, Dr.P.H., M.P.H. *

Colorado State University

Occupational Health Section

Department of Environmental &

Radiological Health Sciences

5715 Pleasant Hill Lane

Fort Collins, CO  80526

(979) 223-7039 (phone)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  October 2010

Member since 2008

Denise Pouget

Assistant Fire-EMS Chief

Alexandria Fire Department

900 2nd Street

Alexandria, VA  22314

(703) 706-3940 x234 (phone)

(703) 838-5093 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  October 2010

Member since 2008

* Designated by HHS	MANAGEMENT REPRESENTATIVES

Jim Swartz

Vice President Risk

Intercontinental Hotel Group

Three Ravinia Drive

Suite 100

Atlanta, GA  30346

(770) 604-2330

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  October 2010

Member since 2004

Jennifer Bailey

American Cast Iron Pipe Company

Birmingham, AL

1501 31st Avenue, North

Birmingham, AL  35207

205-325-8951 (phone)

205-325-7092 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  December 2009

Member since 2007

HEALTH REPRESENTATIVES

Timothy J. Key, M.D.,  M.P.H. *

Key Occupational Health Solutions

1414 Overlook Road

Homewood, AL  35209

(205) 837-8441 (phone)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  October 2010

Member since 2008

Susan Randolph, MSN, RN, COHN-S *

FAAOHN

Clinical Assistant Professor

Occupational Health Nursing Program

University of North Carolina-Chapel Hill

School of Public Health

1700 Airport Road

CB#7502

Chapel Hill, NC  27599-7502

(919) 966-0979

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  December 2009

Member since 2007

	LABOR REPRESENTATIVES

Kevin M. Sommers

Fraternal Order of Police

Grand Lodge

11757 Hovey

Warren, MI  48089

(586) 574-4874

<EMAIL_ADDRESS> Term expires:  December 2009

Member since 2005

Barbara McCabe

Program Manager, Hazmat Program

International Union of Operating Engineers

(IUOE)

1293 Airport Circle

Beaver, WV  25813

(304) 256-3034 (phone)

(304) 253-7758 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Term expires:  December 2009

Member since 2007

SAFETY REPRESENTATIVES

Emory Knowles III, CSP, CIH

Manager

Industrial Hygiene and Safety

Northrop Grumman

7323 Aviation Blvd., MS 1401

Baltimore, MD  21290

410-765-9222 (phone)

410-981-5135 (fax)

<EMAIL_ADDRESS> Term expires:  October 2010

Member since 2004

Karl Jacobson

Senior Vice President

Liberty Mutual Insurance Group

175 Berkeley Street

Boston, MA  02117

(617) 654-3686

  HYPERLINK<EMAIL_ADDRESS>Karl.Jacobson@comcast. net

Term expires:  December 2009

Member since 2007

COMMITTEE CONTACTS

Deborah Page Crawford

Designated Federal Official

Room N3641

(202) 693-1932 (phone)

(202) 693-1641 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Veneta Chatmon (Travel)

Room N3647

(202) 693-1912 (phone)

(202) 693-1634 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> John Piacentino, MD, MPH

National Institute for Occupational

Safety and Health (NIOSH)

395 E Street, SW, Suite 9200

Washington, DC  20201

(202) 245-0634 (phone)

(202) 245-0664 (fax)

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS> Committee Address:

U.S. Department of Labor

OSHA/Room N3641

200 Constitution Avenue, NW

Washington, DC 20210

NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH (NACOSH)

OCCUPATIONALSAFETY AND HEALTH ADMINISTRATION

U.S. DEPARTMENT OF LABOR