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Federal Register / Vol. 73, No.

66 / Friday, April 4, 2008 / Notices 18587

SECURITIES AND EXCHANGE (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the A. Self-Regulatory Organization’s
COMMISSION Securities and Exchange Commission Statement of the Purpose of, and
(‘‘Commission’’) the proposed rule Statutory Basis for, the Proposed Rule
[File No. 500–1]
change as described in Items I and II Change
In the Matter of: The Alternative Energy below, which Items have been 1. Purpose
Technology Center, Inc.; Order of substantially prepared by Nasdaq. The
Suspension of Trading Exchange filed the proposal as a ‘‘non- On March 12, 2008, the Commission
controversial’’ proposed rule change approved SR–NASDAQ–2007–004 and
April 2, 2008. pursuant to section 19(b)(3)(A) of the SR–NASDAQ–2007–080, proposals to
It appears to the Securities and Act 3 and Rule 19b–4(f)(6) thereunder,4 create the NASDAQ Options Market
Exchange Commission that the public which rendered the proposal effective (‘‘NOM’’). Chapter VI, Section 5 of the
interest and the protection of investors approved rules states that Nasdaq may
upon filing with the Commission. The
require a suspension of trading in the trade options in penny increments
Commission is publishing this notice to
securities of The Alternative Energy pursuant to the Commission’s pilot
solicit comments on the proposed rule
Technology Center, Inc. Questions have program for options (‘‘Penny Pilot
change from interested persons. Program’’). Through this filing, Nasdaq
arisen concerning the company’s
reliance on Rule 504 of Regulation D of I. Self-Regulatory Organization’s proposes to establish the parameters of
the Securities Act of 1933 in conducting Statement of the Terms of Substance of its participation in the Penny Pilot
a distribution of its securities, and the the Proposed Rule Change Program.
accuracy and adequacy of statements in Prior to the Penny Pilot Program,
the company’s press releases regarding Nasdaq is planning to commence options were quoted in nickel and dime
its rights to certain technology. The trading on its recently-approved increments. The minimum price
Alternative Energy Technology Center, NASDAQ Options Market 5 on March variation for quotations in options series
Inc., a company that has made no public 31, 2008, and to participate from that that are quoted at less than $3 per
filings with the Commission, is quoted date in the Options Penny Pilot Program contract is $0.05 and the minimum
on the Pink Sheets under the ticker by trading in penny increments all 63 price variation for quotations in options
symbol AETE, and has recently been the options currently scheduled to be traded series that are quoted at $3 per contract
subject of spam e-mail touting the in penny increments on the six existing or greater is $0.10.
company’s shares. options exchanges.6 Nasdaq’s Under the Penny Pilot Program,
The Commission is of the opinion that participation in the pilot will commence beginning on January 26, 2007, market
the public interest and the protection of at the start of trading on the NASDAQ participants were able to begin quoting
the investors require a suspension of Options Market on March 31, 2008, and in penny increments in certain series of
trading in securities of the above-listed continue until March 27, 2009. option classes. The Penny Pilot Program
company. originally included the following
Therefore, it is ordered, pursuant to The text of the proposed rule change thirteen options: Ishares Russell 2000
section 12(k) of the Securities Exchange is available at Nasdaq, the Commission’s (IWM); NASDAQ–100 Index Tracking
Act of 1934, that trading in the above- Public Reference Room, and http:// Stock (QQQQ); SemiConductor Holders
listed company is suspended for the www.nasdaq.com. Trust (SMH); General Electric Company
period from 9:30 a.m. EDT, April 2, (GE); Advanced Micro Devices, Inc.
II. Self-Regulatory Organization’s
2008, through 11:59 p.m. EDT, on April (AMD); Microsoft Corporation (MSFT);
Statement of the Purpose of, and
15, 2008. Intel Corporation (INTC); Caterpillar,
Statutory Basis for, the Proposed Rule
By the Commission. Change Inc. (CAT); Whole Foods Market, Inc.
Nancy M. Morris, (WFMI); Texas Instruments, Inc. (TXN);
Secretary. In its filing with the Commission, Flextronics International Ltd. (FLEX);
Nasdaq included statements concerning Sun Microsystems, Inc. (JAVA); and
[FR Doc. 08–1103 Filed 4–2–08; 10:16am]
the purpose of, and basis for, the Agilent Technologies, Inc. (A).
BILLING CODE 8011–01–P
proposed rule change and discussed any On September 28, 2007, the following
comments it received on the proposed twenty-two options classes were added:
SECURITIES AND EXCHANGE rule change. The text of these statements SPDRs (SPY); Apple, Inc. (AAPL); Altria
COMMISSION may be examined at the places specified Group Inc. (MO); Dendreon Corp.
in Item IV below. Nasdaq has prepared (DNDN); Amgen Inc. (AMGN); Yahoo!
[Release No. 34–57579; File No. SR– Inc. (YHOO); QUALCOMM Inc.
NASDAQ–2008–026] summaries, set forth in sections A, B,
and C below, of the most significant (QCOM); General Motors Corporation
(GM); Energy Select Sector (XLE);
Self-Regulatory Organizations; The aspects of such statements.
DIAMONDS Trust, Series 1 (DIA); Oil
NASDAQ Stock Market LLC; Notice of
Services HOLDRs (OIH); NYSE
Filing and Immediate Effectiveness of
Euronext, Inc. (NYX); Cisco Systems,
a Proposed Rule Change to Participate
Inc. (CSCO); Financial Select Sector
in the Options Penny Pilot Program 3 15 U.S.C. 78s(b)(3)(A). SPDR (XLF); AT&T Inc. (T); Citigroup
March 28, 2008. 4 17 CFR 240.19b–4(f)(6). Inc. (C); Amazon.com Inc. (AMZN);
5 See Securities Exchange Act Release No. 57478
Pursuant to section 19(b)(1) of the Motorola Inc. (MOT); Research in
(March 12, 2008), 73 FR 14521 (March 18, 2008) Motion Ltd. (RIMM); Freeport-
Securities Exchange Act of 1934
(SR–NASDAQ–2007–004 and SR–NASDAQ–2007–
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 McMoRan Copper & Gold Inc. (FCX);
ebenthall on PRODPC61 with NOTICES

080).
notice is hereby given that on March 25, 6 The following options will be traded on The
ConocoPhillips (COP); and Bristol-
2008, The NASDAQ Stock Market LLC NASDAQ Options Market beginning March 31, Myers Squibb Co. (BMY). These thirty-
2008: QQQQ and AMAT. See Options Trader Alert five options classes are among the most
1 15 U.S.C. 78s(b)(1). #2008–4 at http://www.nasdaqtrader.com/ actively-traded, multiply-listed options
2 17 CFR 240.19b–4. TraderNews.aspx?id=OTA2008–004. classes.

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