Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8415 

1 15 U.S.C. 78k–1(a)(3). 

2 17 CFR 242.608. 

3On July 6, 2001, the Commission approved the 

OLPP, which was proposed by the American Stock 

Exchange LLC (‘‘Amex’’), Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’), International 

Securities Exchange LLC (‘‘ISE’’), Options Clearing 

Corporation (‘‘OCC’’), Philadelphia Stock Exchange, 

Inc. (‘‘Phlx’’), and Pacific Exchange, Inc. (‘‘PCX’’) (n/ 

k/a NYSE Arca). See Securities Exchange Act 

Release No. 44521, 66 FR 36809 (July 13, 2001). On 

February 5, 2004, Boston Stock Exchange, Inc. 

(‘‘BSE’’) was added as a Sponsor to OLPP. See 

Securities Exchange Act Release No. 49199, 69 FR 

7030 (February 12, 2004). On March 21, 2008, the 

Nasdaq Stock Market, LLC (‘‘Nasdaq’’) was added as 

a Sponsor to the OLPP. 

4The OLPP defines an ‘‘Eligible Exchange’’ as a 

national securities exchange registered with the 

Commission pursuant to Section 6(a) of the 

Exchange Act, 15 U.S.C. 78f(a), that (1) has effective 

rules for the trading of options contracts issued and 

cleared by the OCC approved in accordance with 

the provisions of the Exchange Act and the rules 

and regulations thereunder and (2) is a party to the 

Plan for Reporting Consolidated Options Last Sale 

Reports and Quotation Information (the ‘‘OPRA 

Plan’’). BATS has represented that it has met both 

the requirements for being considered an Eligible 

Exchange. See Letter from Eric Swanson, SVP, 

General Counsel, BATS to Johnna Dumler, Special 

Counsel, Division of Trading and Markets, 

Commission, dated February 12, 2010. 

5 17 CFR 242.608(b)(3)(iii). 

6 17 CFR 242.608(b)(1). 

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 EIDL declaration, 

applications for economic injury 

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: Polk. 

Contiguous Counties: Tennessee: 

Bradley, McMinn, Monroe. 

Georgia: Fannin, Murray. 

North Carolina: Cherokee. 

The Interest Rates are: 

Percent 

Businesses & Small Agricultural 

Cooperatives Without Credit 

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

Non-Profit Organizations Without 

Credit Available Elsewhere ....... 3.000 

The number assigned to this disaster 

for economic injury is 120330. 

The States which received an EIDL 

Declaration # are Tennessee, Georgia, 

North Carolina. 

(Catalog of Federal Domestic Assistance 

Number 59002) 

Dated: February 16, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–3615 Filed 2–23–10; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61528; File No. 4–443] 

Joint Industry Plan; Notice of Filing 

and Immediate Effectiveness of 

Amendment to the Plan for the 

Purpose of Developing and 

Implementing Procedures To Facilitate 

the Listing and Trading of 

Standardized Options To Add BATS 

Exchange, Inc. as a Sponsor 

February 17, 2010. 

Pursuant to Section 11A(a)(3) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 608 thereunder,2

notice is hereby given that on February 

2, 2010, BATS Exchange, Inc. (‘‘BATS’’ 

or ‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) an amendment to the 

Plan for the Purpose of Developing and 

Implementing Procedures to Facilitate 

the Listing and Trading of Standardized 

Options (‘‘OLPP’’).3 The amendment 

proposes to add BATS as a Sponsor of 

the OLPP. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Description and Purpose of the 

Amendment 

The current Sponsors of the OLPP are 

Amex, BSE, CBOE, ISE, NYSE Arca, 

OCC, Phlx and Nasdaq. The proposed 

amendment to the OLPP would add 

BATS as a Sponsor of the OLPP. A 

national securities exchange may 

become a Sponsor if it satisfies the 

requirement of Section 7 of the OLPP. 

Specifically an Eligible Exchange 4 may 

become a Sponsor of the OLPP by: (i) 

Executing a copy of the OLPP, as then 

in effect; (ii) providing each current 

Plan Sponsor with a copy of such 

executed Plan; and (iii) effecting an 

amendment to the OLPP, as specified in 

Section 7(ii) of the OLPP. 

Section 7(ii) of the OLPP sets forth the 

process by which an Eligible Exchange 

may effect an amendment to the OLPP. 

Specifically, an Eligible Exchange must: 

(a) execute a copy of the OLPP with the 

only change being the addition of the 

new sponsor’s name in Section 8 of the 

OLPP; and (b) submit the executed 

OLPP to the Commission. The OLPP 

then provides that such an amendment 

will be effective at the later of either the 

amendment being approved by the 

Commission or otherwise becoming 

effective pursuant to Section 11A of the 

Act. BATS has submitted a signed copy 

of the OLPP to the Commission in 

accordance with the procedures set 

forth in the OLPP regarding new Plan 

Sponsors. 

II. Effectiveness of the Proposed 

Linkage Plan Amendment 

The foregoing proposed OLPP 

amendment has become effective 

pursuant to Rule 608(c)(3)(iii) 5 because 

it involves solely technical or 

ministerial matters. At any time within 

sixty days of the filing of this 

amendment, the Commission may 

summarily abrogate the amendment and 

require that it be refiled pursuant to 

paragraphs (b)(1) of Rule 608,6 if it 

appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors or the maintenance of fair and 

orderly markets, to remove impediments 

to, and perfect the mechanisms of, a 

national market system or otherwise in 

furtherance of the purposes of the Act. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed 

amendment 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 4–443 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington DC 

20549–1090. 

All submissions should refer to File 

Number 4–443. 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 


pwalker on DSK8KYBLC1PROD with NOTICES
8416 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

7 17 CFR 200.30–3(a)(29). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Amendment No. 1 added clarifying language 

regarding the implementation of the proposed rule 

change and removed erroneously included 

information. 

4A Directed Order is any Customer Order to buy 

or sell which has been directed to a particular 

Market Maker by an OFP. See Chapter I, Section 

1(21) (sic) of the BOX Rules. Terms not otherwise 

defined herein shall have the meaning assigned to 

them in the BOX Rules. 

5See Chapter V, Section 18 of the BOX Rules. 

6The proposal clarifies in Section 5(c)(iii)(2)(b)(2) 

and (3) that when the EP does not PIP the Directed 

Order and releases it to the BOX Book, the Directed 

Order will immediately execute against the BOX 

Book if the BOX Best Bid or Offer is equal to or 

better than the NBBO and GDO. Any remaining 

quantity not executed will immediately be exposed 

to BOX Participants at the better of the NBBO or 

GDO price. This exposure period will last three (3) 

seconds, during which time any Options 

Participant, except for the EP, may submit an order 

to the BOX Book in response. Any orders submitted 

to the BOX Book during the three second period 

will execute immediately against any remaining 

quantity of the Directed Order, in time priority. 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web viewing and printing 

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 

BATS’ principal office. 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 No. 4–443 and 

should be submitted on or before March 

17, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3545 Filed 2–23–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold an Open Meeting 

on February 24, 2010 at 10 a.m., in the 

Auditorium, Room L–002. 

Commissioner Casey, as duty officer, 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Open 

Meeting will be: 

Item 1: The Commission will consider 

whether to adopt amendments to Rules 

201 and 200(g) of Regulation SHO 

relating to short sale restrictions. 

Item 2: The Commission will consider 

whether to publish a statement 

regarding its continued support for a 

single-set of high-quality globally 

accepted accounting standards and its 

ongoing consideration of incorporating 

International Financial Reporting 

Standards into the financial reporting 

system for U.S. issuers. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: February 19, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–3792 Filed 2–22–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61531; File No. SR–BX– 

2010–009] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

of Proposed Rule Change and 

Amendment No. 1 Thereto Relating to 

the Directed Order Process on the 

Boston Options Exchange Facility 

February 17, 2010. 

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 January 

25, 2010, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the self-regulatory 

organization. The Exchange filed 

Amendment No 1. to the proposed rule 

change on February 10, 2010.3 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change, as amended, from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

Rules of the Boston Options Exchange 

Group, LLC (‘‘BOX’’) to modify the 

Directed Order process on BOX. The 

text of the proposed rule change is 

available from the principal office of the 

Exchange, at the Commission’s Public 

Reference Room and also on the 

Exchange’s Internet website at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization 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 self-regulatory organization 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 

1. Purpose 

The Exchange is proposing 

modifications to the Directed Order 

process on BOX.4 When a BOX Market 

Maker indicates its interest in receiving 

Directed Orders, the receiving Market 

Maker is referred to as the Executing 

Participant (‘‘EP’’). Specifically, the 

Exchange is proposing to automate the 

creation of the Guaranteed Directed 

Order (‘‘GDO’’) and the manner in which 

the quote of the EP is handled during 

the Directed Order process. 

‘Quote Shelving’ and ‘GDO’ 

Upon receipt of a Directed Order an 

EP must either submit the Directed 

Order to the PIP 5 or send the Directed 

Order to the BOX Book. Currently, when 

the EP sends the Directed Order to the 

BOX Book and the EP’s quotation on the 

opposite side of the market from the 

Directed Order is equal to the National 

Best Bid or Offer (‘‘NBBO’’) and the 

Directed Order is also executable against 

the NBBO, the EP must guarantee 

execution of the Directed Order at the 

current NBBO for at least the size of his 

quote. This guarantee is called the GDO. 

The EP must immediately send the 

Directed Order with the GDO to the 

Trading Host. Sending the GDO to the 

Trading Host enables it to 

simultaneously take down or ‘shelve’ 

the EP’s quote and any pending quote 

updates while the Directed Order is 

being exposed on the BOX Book.6


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