Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40857 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4See Securities Exchange Act Release No. 45260 

(January 9, 2002), 67 FR 2255 (January 16, 2002) 

(SR–AMEX–2001–19) (approval order regarding 

AMEX Rules 26 and 27). See also Securities 

Exchange Act Release No. 44972 (October 23, 2001), 

66 FR 55031 (October 31, 2001)(SR–AMEX–2001– 

19) (notice of filing regarding, among other things, 

Commentary .05 to AMEX Rule 27). The American 

Stock Exchange LLC was purchased in 2008 by 

NYSE Euronext and is now known as NYSE Amex 

LLC (AMEX). 

Plans.’’ If you do not have access to 

ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) Reference staff 

at 1–800–397–4209, 301–415–4737 or 

by e-mail to pdr.resource@nrc.gov 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Rockville, Maryland, this 5th day 

of August, 2009. 

For the Nuclear Regulatory Commission. 

Keith McConnell, 

Deputy Director, 

Decommissioning and Uranium Recovery, 

Licensing Directorate, Division of Waste 

Management and Environmental Protection, 

Office of Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. E9–19449 Filed 8–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of V–Twin Holdings, Inc. 

(n/k/a Tobacco One, Inc.), Valley Media, 

Inc., Venturequest Group, Inc. (n/k/a 

Dex-Ray Resources, Inc.), Verex 

Laboratories, Inc., Vibro-Tech 

Industries, Inc., Video City, Inc., and 

Vidikron Technologies Group, Inc.; 

Order of Suspension of Trading 

August 11, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of V–Twin 

Holdings, Inc. (n/k/a Tobacco One, Inc.) 

because it has not filed any periodic 

reports since the period ended March 

31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Valley 

Media, Inc. because it has not filed any 

periodic reports since the period ended 

September 29, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Venturequest Group, Inc. (n/k/a DexRay Resources, Inc.), because it has not 

filed any periodic reports since the 

period ended September 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Verex 

Laboratories, Inc. because it has not 

filed any periodic reports since the 

period ended March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Vibro-Tech 

Industries, Inc. because it has not filed 

any periodic reports since it filed a 

Form 10–SB on January 5, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Video City, 

Inc. because it has not filed any periodic 

reports since the period ended July 31, 

2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Vidikron 

Technologies Group, Inc. because it has 

not filed any periodic reports since the 

period ended March 31, 1999. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EDT on August 11, 2009, through 

11:59 p.m. EDT on August 24, 2009. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E9–19486 Filed 8–11–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60455; File No. SR–Phlx– 

2009–62] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Relating to 

Automatic Allocations of Options on 

Related Securities 

August 6, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 2 thereunder, 

notice is hereby given that on July 31, 

2009, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by the Exchange. Phlx has 

designated the proposed rule change as 

constituting a non-controversial rule 

change under Rule 19b–4(f)(6) under the 

Act,3 which renders the proposal 

effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Phlx Rule 506 (Allocation Application) 

regarding automatic allocation of 

options on related securities. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

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 

Exchange 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 

Exchange 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 amendments proposed to Phlx 

Rule 506 are based on and similar to 

Commentary .05 to AMEX Rule 27.4

The purpose of the proposed rule 

change is to amend Rule 506 to indicate 


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40858 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

5Exchange specialists are allocated classes of 

options by the Exchange in relation to assisting in 

the maintenance, insofar as reasonably practicable, 

of a fair and orderly market in such options. See 

Rule 1020. 

6Related Options, Related Securities, and Current 

Specialist are defined in proposed Supplementary 

Material .02 to Rule 506. 

7See Rule 500. See also Securities Exchange Act 

Release No. 59924 (May 14, 2009), 74 FR 23759 

(May 20, 2009)(SR–Phlx–2009–23). 

8An SQT is an Exchange Registered Options 

Trader (‘‘ROT’’) who has received permission from 

the Exchange to generate and submit option 

quotations electronically in eligible options to 

which such SQT is assigned. An SQT may only 

submit such quotations while such SQT is 

physically present on the floor of the Exchange. See 

Rule 1014(b)(ii)(A). See also Securities Exchange 

Act Release No. 59995 (May 28, 2009), 74 FR 26750 

(June 3, 2009)(approval order regarding 

enhancements to opening, linkage and routing, 

quoting, and order management processes in the 

Exchange’s electronic options order entry, trading, 

and execution system PHLX XL II.) [sic] 

9An RSQT is an ROT that is a member or member 

organization with no physical trading floor 

presence who has received permission from the 

Exchange to generate and submit option quotations 

electronically in eligible options to which such 

RSQT has been assigned. An RSQT may only 

submit such quotations electronically from off the 

floor of the Exchange. See Exchange Rule 

1014(b)(ii)(B). 

10See Rule 960 et seq. for disciplinary procedures 

and Allocation Rules for reallocation procedures. 

11For purposes of Supplementary Material .02, 

Related Securities does not mean Exchange Traded 

Funds. 

12Although automatic allocation of New Options 

pursuant to Supplementary Material .02 will not 

require the Exchange to make an allocation 

determination as it would with regular option 

allocations, the Exchange will continue to perform 

other allocation-related duties such as, for example, 

written notification. See Rule 506. 

13An ETF (only) specialist will not be eligible to 

receive automatic allocations for the duration of the 

Allocation Preclusion applicable to him or her. 

14 It is assumed, for purposes of this example, that 

the Current Specialist is not subject to an Allocation 

Preclusion as defined in Supplementary Material 

.01. 

15The Exchange has made conforming, technical 

changes to proposed Rule 506 to integrate the 

proposed language into its current rules and to 

correct a typographical error. 

16 15 U.S.C. 78f(b). 

that new options that are related to 

currently allocated options (‘‘Related 

Options’’) shall be automatically 

allocated to the specialist unit that is 

already the current specialist in 

option(s) on the underlying security(ies) 

(‘‘Current Specialist’’).5 If the Related 

Options are not automatically allocated, 

the Exchange may, nonetheless, allocate 

the Related Options to the Current 

Specialist if the Exchange determines 

that the trading characteristics of the 

Related Options to be allocated are 

similar to the options already allocated 

to the Current Specialist. 6

The allocation and re-allocation 

process for classes of options to 

specialist units and individual 

specialists on the Exchange is found in 

Rules 500–599 (the ‘‘Allocation Rules’’), 

which rules are administered by the 

exchange.7 The Allocation Rules also 

deal with, among other things: 

application for becoming and 

appointment of specialists; application 

for becoming and approval of Streaming 

Quote Traders (‘‘SQTs’’) 8 and Remote 

Streaming Quote Traders (‘‘RSQTs’’) 9

and assignment of options to them; and 

specialist, SQT, and RSQT performance 

evaluations. The Allocation Rules also 

indicate under what circumstances new 

allocations may not be made. 

Supplementary Material .01 to Rule 506, 

as an example, states that a specialist 

may not apply for a new allocation for 

a period of six months after an option 

allocation was taken away from the 

specialist in a disciplinary proceeding 

or an involuntary reallocation 

proceeding (‘‘Allocation Preclusion’’).10

The current Allocation Rules do not 

contain guidelines regarding allocation 

of Related Options. 

This filing would amend Rule 506 to 

clarify that Related Options will be 

automatically allocated, under 

conditions set forth in new 

Supplementary Material .02, to the 

Current Specialist that is already 

allocated options overlying securities 

that are related to securities that the 

new options overly. 

In particular, Supplementary Material 

.02 in subsection (a) defines the term 

‘‘Related Securities’’ 11 underlying 

options to mean, but not be limited to: 

• Securities of a partially or wholly 

owned subsidiary; 

• Securities that are convertible into 

the securities of the issuer; 

• Warrants on securities of the issuer; 

• Securities issued in connection 

with a name change; 

• Securities issued in a reverse stock 

split; 

• Contingent value rights; 

• ‘‘Tracking’’ securities designed to 

track the performance of the underlying 

security or corporate affiliate thereof; 

• Securities created in connection 

with the merger or acquisition of one or 

more companies; 

• Securities created in connection 

with a ‘‘spin-off’’ transaction; 

• Convertible on non-convertible 

senior securities; and 

• Securities into which a listed 

security is convertible. 

Where such Related Securities emanate 

from or are related to securities 

underlying options that are currently 

allocated to a specialist on the Exchange 

(‘‘Currently Allocated Options’’). 

Subsection (b) to Supplementary 

Material .02 goes on to state that while 

unallocated new Related Options shall 

be automatically allocated to the 

Current Specialist, no automatic 

allocation can occur if the Current 

Specialist is subject, pursuant to 

Supplementary Material .01, to an 

Allocation Preclusion because of a 

disciplinary proceeding or involuntary 

reallocation proceeding.12 Where there 

is no automatic allocation the Exchange 

may decide to allocate Related Options 

to the Current Specialist that is already 

trading allocated related options if the 

Exchange determines that the trading 

characteristics of the Related Options to 

be allocated are similar to the already 

allocated options.13

The following example illustrates 

how the proposed allocation process 

would work. In 2008, Wachovia 

Corporation (WB) was acquired by 

Wells Fargo & Company (WFC), with 

WFC being the surviving company (the 

‘‘merger’’). At the time of the merger, 

which was effective December 31, 2008, 

options on the surviving company WFC 

were already listed and being traded by 

one specialist (the ‘‘WFC Specialist’’) 

and options on WB were listed and 

being traded on the Exchange by 

another specialist (the ‘‘WB Specialist’’). 

Under the current allocation structure, 

the WB Specialist would have to 

continue to act as a specialist vis a vis 

WB options for the purpose of trading 

the adjusted WB option series until all 

open interest traded out or expired. The 

WFC Specialist would, at the same time, 

trade the WFC options. Under the 

automatic allocation process proposed 

in this filing, in that WFC and WB 

would be Related Securities, WFC 

options would be Currently Allocated 

Options, the WFC Specialist would be 

the Current Specialist, and the adjusted 

WB options series would be new 

Related Options, by operation of 

Supplementary Material .02, the Related 

Options would be automatically 

allocated to the Current Specialist. As 

such, the WFC Specialist would assume 

specialist privileges in the WFC options 

and the adjusted WB option series, 

therefore becoming the specialist for all 

options related to the merger of WFC 

and WB.14

The Exchange believes that the 

automatic allocation of Related Options 

to Current Specialists as proposed 

herein should increase the efficiency 

and speed of the allocation of options 

that are logically related to each other, 

to the benefit of Exchange members and 

traders and the public.15

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 16 in general, and furthers the 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40859 

17 15 U.S.C. 78f(b)(5). 

18 15 U.S.C. 78s(b)(3)(A). 

19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. Phlx has satisfied this requirement. 20 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

objectives of Section 6(b)(5) of the Act 17

in particular, in that it is designed to 

promote just and equitable principles of 

trade, 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, by 

providing for automatic allocation to an 

Exchange specialist of options that are 

related to each other. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 18 and Rule 19b– 

4(f)(6) thereunder.19

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change 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 SR–Phlx–2009–62 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 SR–Phlx–2009–62. 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 

public in accordance with the 

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

available for inspection and copying 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 

the principal office of the Exchange. 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 publicly available. All 

submissions should refer to File 

Number SR–Phlx–2009–62 and should 

be submitted on or before September 3, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19374 Filed 8–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60454; File No. SR–CBOE– 

2009–054] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the Marketing 

Fee Program 

August 6, 2009. 

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 July 31, 

2009, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 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 CBOE. CBOE has 

designated this proposal as one 

establishing or changing a due, fee, or 

other charge applicable only to a 

member under Section 19(b)(3)(A)(ii) of 

the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the proposal 

effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to amend its 

Marketing Fee Program. The text of the 

proposed rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/Legal/), at the Exchange’s 

Office of the Secretary, and at the 

Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

CBOE 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 CBOE has 

prepared summaries, set forth in 

sections (A), (B), and (C) below, of the 

most significant aspects of such 

statements. 


erowe on DSK5CLS3C1PROD with NOTICES