Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41479 

4 15 U.S.C. 78f(b). 

5 15 U.S.C. 78s(b)(3)(A). 

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

4(f)(6)(iii) 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. The Exchange has complied with this 

requirement. 7 17 CFR 200.30–3(a)(12). 

receives a Directed Order. A DOMM 

will receive up to 40% of the remaining 

balance of an order, or the DOMM’s 

share in the order of ranking, whichever 

is greater, provided that any Customer 

orders ranked ahead of the DOMM are 

satisfied first. However, if the DOMM is 

not at the NBBO, the order will be 

allocated as if it were not a Directed 

Order. 

The Exchange is proposing new Rule 

6.62(z) to define Directed Orders, and 

also new Rule 6.1A(a)(20) to define 

Directed Order Market Maker and 

6.1A(a)(21) to define Order Flow 

Provider. 

Lastly, the Exchange is proposing to 

modify Rule 6.82(d)(2)—Guaranteed 

Participation, to clarify that LMMs are 

entitled to a trade allocation in 

accordance with Rule 6.76A, and that 

LMMs are not entitled to any guaranteed 

allocation on Directed Orders that trade 

with a Directed Order Market Maker. If 

the DOMM is not quoting at the NBBO, 

but the LMM’s quote is at the NBBO, the 

LMM will be entitled to a trade 

allocation in accordance with Rule 

6.76A. The LLM will be entitled to the 

same allocation as currently applicable 

under Rule 6.76A. 

The trade allocation described in Rule 

6.76A is structured so that no order will 

be subject to a guaranteed allocation 

greater than 40% of its size after 

satisfying any Customer orders ranked 

ahead of any guaranteed recipient. 

Additionally, it would be considered a 

violation of just and equitable principals 

of trade and a misuse of non-public 

information for a Directed Order Market 

Maker to become aware of an impending 

Directed Order so as to improve the 

quote to momentarily match the NBBO, 

and then worsen the price of the quote 

following execution of the Directed 

Order. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Act 4 in general, and furthers 

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

Act, in that it is designed to promote 

just and equitable principles of trade, 

remove impediments to and perfect the 

mechanisms of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest, as it will provide greater 

incentive for Directed Order Market 

Makers to quote at the NBBO, and 

thereby provide a more competitive 

market structure for investors in general. 

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 that is 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 solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, if 

consistent with the protection of 

investors and the public interest, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 5 and Rule 19b– 

4(f)(6) thereunder.6

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–NYSEArca–2009–73 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–NYSEArca–2009–73. 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 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 

available publicly. All submissions 

should refer to File Number SR– 

NYSEArca–2009–73 and should be 

submitted on or before September 8, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–19575 Filed 8–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6727] 

30-Day Notice of Proposed Information 

Collection: Request for 

Reconsideration of Proviso(s); OMB 

Control Number 1405–0172 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

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41480 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

Title of Information Collection: 

Request for Reconsideration of 

Proviso(s) Determination. 

OMB Control Number: 1405–0172. 

Type of Request: Extension of 

currently approved collection. 

Originating Office: Bureau of Political 

Military Affairs, Directorate of Defense 

Trade Controls, PM/DDTC. 

Form Number: None. 

Respondents: Business organizations. 

Estimated Number of Respondents: 

120 (total). 

Estimated Number of Responses: 350 

(per year). 

Average Hours per Response: 1 hour. 

Total Estimated Burden: 350 hours 

(per year). 

Frequency: On occasion. 

Obligation To Respond: Mandatory. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from August 17, 2009. 

The Office of Management and Budget 

(OMB), who may be reached at 202– 

395–4718. You may submit comments 

by any of the following methods: 

E-mail: Kastrich@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

Mail (paper, disk, or CD–ROM 

submissions): Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503. 

Fax: 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Mary F. Sweeney, PM/ 

DDTC, SA–1, 12th Floor, Directorate of 

Defense Trade Controls, Bureau of 

Political Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112, who may be reached on 

(202) 663–2865 or at 

sweeneymf@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: Evaluate whether the 

proposed collection of information is 

necessary to properly perform our 

functions. Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

Enhance the quality, utility, and clarity 

of the information to be collected. 

Minimize the reporting burden on those 

who are to respond, including the use 

of automated collection techniques or 

other forms of technology. 

Abstract of proposed collection: To 

request a change in the proviso(s) 

placed on an export license, the 

applicant submits a letter requesting 

reconsideration of a particular 

proviso(s). 

Methodology: This information 

collection is an exchange of letters and 

may be sent to the Directorate of 

Defense Controls via mail. 

Dated: August 10, 2009. 

Robert S. Kovac, 

Acting Deputy Assistant Secretary for Defense 

Trade, Bureau of Political-Military Affairs, 

Department of State. 

[FR Doc. E9–19724 Filed 8–14–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice: 6725] 

30-Day Notice of Proposed Information 

Collection: Form DS–6001, Request for 

Advisory Opinion; OMB Control 

Number 1405–0174 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

Title of Information Collection: 

Request for Advisory Opinion. 

OMB Control Number: 1405–0174. 

Type of Request: Extension of 

currently approved collection. 

Originating Office: Bureau of Political 

Military Affairs, Directorate of Defense 

Trade Controls, PM/DDTC. 

Form Number: DS–6001. 

Respondents: Business organizations. 

Estimated Number of Respondents: 

170 (total). 

Estimated Number of Responses: 250 

(per year). 

Average Hours per Response: 1 hour. 

Total Estimated Burden: 250 hours 

(per year). 

Frequency: On occasion. 

Obligation To Respond: Mandatory. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from August 17, 2009. 

ADDRESSES: Direct comments and 

questions to Katherine Astrich, the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB), who may be reached at 

202–395–4718. You may submit 

comments by any of the following 

methods: 

E-mail: Kastrich@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

Mail (paper, disk, or CD–ROM 

submissions): Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503. 

Fax: 202–395–5806 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Mary F. Sweeney, PM/ 

DDTC, SA–1, 12th Floor, Directorate of 

Defense Trade Controls, Bureau of 

Political Military Affairs, U.S. 

Department of State, Washington, DC. 

20522–0112, who may be reached on 

(202) 663–2865 or at 

sweeneymf@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

Evaluate whether the proposed 

collection of information is necessary to 

properly perform our functions. 

Evaluate the accuracy of our estimate 

of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

Enhance the quality, utility, and 

clarity of the information to be 

collected. 

Minimize the reporting burden on 

those who are to respond, including the 

use of Automated collection techniques 

or other forms of technology. 

Abstract of proposed collection: Form 

DS–6001 is used when an exporter 

desires an opinion as to whether the 

Directorate of Defense Trade Controls 

would likely grant a license or other 

approval for a particular export 

transaction involving defense articles or 

defense services. Also, the DS–6001 

may be used to satisfy the prior 

approval requirements of 22 CFR 126.8 

for a proposal to sell or manufacture 

abroad significant military equipment to 

foreign persons. 

Methodology: This information 

collection may be sent to the Directorate 

of Defense Controls via mail. 

August 10, 2009. 

Robert S. Kovac, 

Acting Deputy Assistant Secretary for Defense 

Trade, Bureau of Political-Military Affairs, 

Department of State. 

[FR Doc. E9–19727 Filed 8–14–09; 8:45 am] 

BILLING CODE 4710–25–P 

mstockstill on DSKH9S0YB1PROD with NOTICES