What's New on the SEC Website
December 5, 2008

Division of Corporation Finance

Staff No-Action, Interpretive Exemptive Letters

• Bank of America Corporation (November 26, 2008; Rule 14a-8 no-action letter)
   
• Bank of America Corporation (November 26, 2008; Rule 14a-8 no-action letter)
   
• Motorola, Inc. (December 1, 2008; Rule 14a-8 no-action letter)
   

Division of Trading and Markets No-Action, Exemptive, and Interpretive Letters

• ShareGift USA (December 3, 2008; Rule 14e-5, Purchases Outside a Tender Offer)

Administrative Proceedings

• Janus Capital Management LLC (Release No. 34-59059; File No. 3-11590; December 5, 2008)
   
• Kenneth Wilchfort, CPA (Release No. 34-59058; Release No. AAER-2906; December 4, 2008)
   
• Marc Rabinowitz, CPA (Release No. 34-59057; Release No. AAER-2905; December 4, 2008)
   

Litigation Releases

• James Tambone and Robert Hussey (Lit. Rel. No. 20822; December 5, 2008)
   
• Larry P. Langford, William B. Blount, and Albert W. LaPierre (Lit. Rel. No. 20821; December 5, 2008)
   

Speeches and Public Statements

• Don’t Throw Out the Baby with the Bathwater Keynote Address at the ABA Section of Business Law Fall Meeting, by John W. White, Director, Division of Corporation Finance, Washington, D.C. (November 21, 2008)
   

Other Commission Orders, Notices, and Information

• Order Granting Registration of Egan-Jones Rating Company to Add Two Additional Classes of Credit Ratings (Release No. 34-59056; December 4, 2008)
   

Self-Regulatory Organization (SRO) Rulemaking and National Market System (NMS) Plans

• Amex: Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Changes Relating to the Listing and Trading Options on Shares of the iShares COMEX Gold Trust and the iShares Silver Trust (Release No. 34-59055; File Nos. SR-Amex-2008-68; SR-BSE-2008-51; SR-CBOE-2008-72; SR-ISE-2008-58; SR-NYSEArca-2008-66; SR-Phlx-2008-58; December 4, 2008)
   
• Amex: Order Approving Proposed Rule Change, as Modified by Amendment No. 1 thereto, to Revise its Initial Listing Process to Eliminate the Current Appeal Process for Initial Listing Decisions, Add a New Confidential Pre-application Eligibility Review Process, and Upgrade its Listing Requirements by Eliminating the Alternative Listing Standards (Release No. 34-59050; File No. SR-Amex-2008-70; December 3, 2008)
   
• DTC: Order Approving Proposed Rule Change to Amend the Applicant Disqualification Criteria Contained in its Rules (Release No. 34-59035; File No. SR-DTC-2007-07; December 1, 2008)
   
• NASDAQ: Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify Fees for Members Using the Nasdaq Options Market (Release No. 34-59043; File No. SR-NASDAQ-2008-089; December 3, 2008)
   
• NMS Plan: Amendment No. 1 to Proposed Options Order Protection and Locked/Crossed Market Plan by Phlx(File No: 4-456, December 3, 2008)
   
• NYSE Altr: Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Alternext US LLC to Adopt a Price List for Equity Transactions after the Relocation of NYSE Alternext Equities Trading and To Establish Certain Other Fees (Release No. 34-59045; File No. SR-NYSEALTR-2008-09; December 3, 2008)
   
• NYSE Arca: Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to the Listing and Trading of Trust Certificates (Release No. 34-59051; File No. SR-NYSEArca-2008-123; December 4, 2008)
   
• NYSE Arca: Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Offer a New Order Type Known as the Adding Liquidity Only Order (Release No. 34-59049; File No. SR-NYSEArca-2008-132; December 3, 2008)
   
• Phlx: Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to XLE Fees (Release No. 34-59030; File No. SR-Phlx-2008-80; December 1, 2008)
   
• SCCP: Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Collection of Financial Industry Regulatory Authority Section 3 Regulatory Fees (Release No. 34-59031; File No. SR-SCCP-2008-02; December 1, 2008)