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12478 Federal Register / Vol. 73, No.

46 / Friday, March 7, 2008 / Notices

SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE summaries, set forth in sections A, B,
COMMISSION COMMISSION and C below, of the most significant
aspects of such statements.
[Release No. 34–57411; File No. SR–CBOE–
[File No. 500–1] 2008–25] A. Self-Regulatory Organization’s
Statement of the Purpose of, and
In the Matter of: Machine Technology, Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule
Inc., Magnum Sports & Entertainment, Chicago Board Options Exchange, Change
Inc., Management of Environmental Incorporated; Notice of Filing and
Solutions & Technology Corp., and Immediate Effectiveness of Proposed 1. Purpose
Mariculture Systems, Inc.; Order of Rule Change Relating to the The current access fee for Temporary
Suspension of Trading Temporary Membership Status Access Members under Rule 3.19.02 5 is $7,354
Fee per month and took effect on February
DATE: March 5, 2008. 1, 2008. The Exchange proposes to
March 3, 2008.
revise the access fee to be $8,468 per
It appears to the Securities and Pursuant to section 19(b)(1) of the
month commencing on March 1, 2008.
Exchange Commission that there is a Securities Exchange Act of 1934
The Exchange used the following
lack of current and accurate information (‘‘Act’’),1 and Rule 19b–4 thereunder,2
process to set the proposed access fee:
concerning the securities of Machine notice is hereby given that on February
The Exchange polled each of the
Technology, Inc. because it has not filed 29, 2008, the Chicago Board Options
clearing firms that assists in facilitating
any periodic reports since it filed a Exchange, Incorporated (‘‘CBOE’’ or
at least 10% of the transferable CBOE
Form 10–Q for the period ended May ‘‘Exchange’’) filed with the Securities
membership leases and obtained the
31, 1994. and Exchange Commission
Clearing Firm Floating Monthly Rate 6
(‘‘Commission’’) the proposed rule
It appears to the Securities and designated by each of these clearing
change as described in Items I, II, and
Exchange Commission that there is a firms for the month of March 2008. The
III below, which Items have been
lack of current and accurate information Exchange then set the proposed access
prepared by the Exchange. CBOE has
concerning the securities of Magnum fee at an amount equal to the highest of
designated this proposal as one
Sports & Entertainment, Inc. because it these Clearing Firm Floating Monthly
establishing or changing a due, fee, or
has not filed any periodic reports since Rates.
other charge imposed by the Exchange The Exchange used the same process
it filed a Form 10–QSB for the period under section 19(b)(3)(A),3 and Rule to set the proposed access fee that it
ended March 31, 2002. 19b–4(f)(2) thereunder,4 which renders used to set the current access fee. The
It appears to the Securities and the proposal effective upon filing with only difference is that the Exchange
Exchange Commission that there is a the Commission. The Commission is used Clearing Firm Floating Monthly
lack of current and accurate information publishing this notice to solicit Rate information for the month of March
concerning the securities of comments on the proposed rule change 2008 to set the proposed access fee
Management of Environmental from interested persons. (instead of Clearing Firm Floating
Solutions & Technology Corp. because it I. Self-Regulatory Organization’s Monthly Rate information for the month
has not filed any periodic reports since Statement of the Terms of Substance of of February 2008 as was used to set the
it filed a Form 10–QSB for the period the Proposed Rule Change current access fee) in order to take into
ended June 30, 2002. CBOE proposes to adjust the monthly account changes in Clearing Firm
It appears to the Securities and access fee for persons granted temporary Floating Monthly Rates for the month of
Exchange Commission that there is a CBOE membership status (‘‘Temporary March 2008.
Members’’) pursuant to Interpretation The Exchange believes that the
lack of current and accurate information
and Policy .02 under CBOE Rule 3.19 process used to set the proposed access
concerning the securities of Mariculture
(‘‘Rule 3.19.02’’). The text of the fee and the proposed access fee itself are
Systems, Inc. because it has not filed
proposed rule change is available on the appropriate for the same reasons set
any period reports since it filed a Form forth in CBOE rule filing SR–CBOE–
10–QSB for the period ended September Exchange’s Web site (http://
www.cboe.org/Legal/), at the Exchange’s 2008–12 in support of that process and
30, 2002. the current access fee.7
Office of the Secretary, and at the
The Commission is of the opinion that The proposed access fee will remain
Commission’s Public Reference Room.
the public interest and the protection of in effect until such time either that the
investors require a suspension of trading II. Self-Regulatory Organization’s Exchange submits a further rule filing
in the securities of the above-listed Statement of the Purpose of, and pursuant to section 19(b)(3)(A)(ii) of the
companies. Statutory Basis for, the Proposed Rule
Change 5 See Securities Exchange Act Release No. 56458
Therefore, it is ordered, pursuant to (September 18, 2007), 72 FR 54309 (September 24,
Section 12(k) of the Securities Exchange In its filing with the Commission, 2007) (SR–CBOE–2007–107) for a description of the
Act of 1934, that trading in the CBOE included statements concerning Temporary Membership status under Rule 3.19.02.
securities of the above-listed companies the purpose of, and basis for, the 6 The term ‘‘Clearing Firm Floating Monthly

proposed rule change and discussed any Rate’’ refers to the floating monthly rate that a
is suspended for the period from 9:30 clearing firm designates, in connection with
a.m. EST on March 5, 2008, through comments it received on the proposal. transferable membership leases that the clearing
11:59 p.m. EDT on March 18, 2008. The text of these statements may be firm assisted in facilitating, for leases that utilize
examined at the places specified in Item that floating monthly rate.
By the Commission.
sroberts on PROD1PC70 with NOTICES

7 See Securities Exchange Act Release No. 57293


IV below. CBOE has prepared
(February 8, 2008), 73 FR 8729 (February 14, 2008)
Nancy M. Morris, (SR–CBOE–2008–12), which established the current
1 15 U.S.C. 78s(b)(1).
Secretary. access fee, for detail regarding the rationale in
2 17 CFR 240.19b–4. support of the current access fee and the process
[FR Doc. 08–987 Filed 3–05–08; 9:45 am] 3 15 U.S.C. 78s(b)(3)(A).
used to set that fee, which is also applicable to this
BILLING CODE 8011–01–P 4 17 CFR 240.19b–4(f)(2). proposed rule change as well.

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