45506 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 

13 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). 

4 17 CFR 240.19b–4(f)(6). 

5See SR–NYSE–2009–86. 

6See Securities Exchange Act Release No. 58673 

(September 29, 2008), 73 FR 57707 (October 3, 

2008) (SR–NYSE–2008–60 and SR–Amex–2008–62) 

(approving the Merger). 

7NYSE Alternext US LLC was subsequently 

renamed NYSE Amex LLC. See Securities Exchange 

Act Release No. 59575 (March 13, 2009), 74 FR 

11803 (March 19, 2009) (SR–NYSEALTR–2009–24). 

8 15 U.S.C. 78f. 

9See Securities Exchange Act Release No. 58705 

(October 1, 2008), 73 FR 58995 (October 8, 2008) 

(SR–Amex 2008–63) (approving the Equities 

Relocation). 

10See Securities Exchange Act Release No. 58705 

(October 1, 2008), 73 FR 58995 (October 8, 2008) 

(SR–Amex 2008–63) (approving the Equities 

Relocation); Securities Exchange Act Release No. 

58833 (October 22, 2008), 73 FR 64642 (October 30, 

2008) (SR–NYSE–2008–106) and Securities 

Exchange Act Release No. 58839 (October 23, 2008), 

73 FR 64645 (October 30, 2008) (SR–NYSEALTR– 

2008–03) (together, implementing the Bonds 

Relocation); Securities Exchange Act Release No. 

59022 (November 26, 2008), 73 FR 73683 

(December 3, 2008) (SR–NYSEALTR–2008–10) 

(adopting amendments to NYSE Alternext Equities 

Rules to track changes to corresponding NYSE 

Rules); Securities Exchange Act Release No. 59027 

(November 28, 2008), 73 FR 73681 (December 3, 

2008) (SR–NYSEALTR–2008–11) (adopting 

amendments to Rule 62—NYSE Alternext Equities 

to track changes to corresponding NYSE Rule 62). 

11See Securities Exchange Act Release No. 58845 

(October 24, 2008), 73 FR 64379 (October 29, 2008) 

(SR–NYSE–2008–46) (approving certain rules to 

operate as a pilot scheduled to end October 1, 

2009.) 

12 In an opening and reopening trade, the Display 

Book® (‘‘Display Book’’) will verify that all interest 

that must be executed in the opening or reopening 

can be executed at the price chosen by the DMM. 

If all the interest that must be executed in the 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21162 Filed 9–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60574; File No. SR– 

NYSEAmex–2009–58] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Extending the Length of 

Time That Exchange Systems Transmit 

Odd-Lot Order-by-Order Information to 

the DMM Unit Algorithm Prior to the 

Opening Transaction From August 31, 

2009 to October 31, 2009 

August 26, 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 August 

21, 2009, NYSE Amex LLC (‘‘Exchange’’ 

or ‘‘NYSE Amex’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. The 

Exchange designated the proposal 

eligible for immediate effectiveness 

pursuant to Section 19(b)(3)(A) of the 

Act 3 and Rule 19b–4(f)(6) thereunder.4

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 extend the 

length of time that Exchange systems 

transmit odd-lot order-by-order 

information to the DMM unit algorithm 

prior to the opening transaction from 

August 31, 2009 to October 31, 2009. 

The text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NYSE Amex LLC (‘‘NYSE Amex’’ or 

the ‘‘Exchange’’), formerly the American 

Stock Exchange LLC, proposes to extend 

the length of time that Exchange 

systems transmit odd-lot order-by-order 

information to the DMM unit algorithm 

prior to the opening transaction from 

August 31, 2009 to October 31, 2009. 

The Exchange notes that parallel 

changes are proposed to be made to the 

rules of New York Stock Exchange LLC 

(‘‘NYSE’’).5

Background 

As described more fully in a related 

rule filing, 6 NYSE Euronext acquired 

The Amex Membership Corporation 

(‘‘AMC’’) pursuant to an Agreement and 

Plan of Merger, dated January 17, 2008 

(the ‘‘Merger’’). In connection with the 

Merger, the Exchange’s predecessor, the 

American Stock Exchange LLC 

(‘‘Amex’’), a subsidiary of AMC, became 

a subsidiary of NYSE Euronext called 

NYSE Alternext US LLC, 7 later renamed 

NYSE Amex LLC (hereinafter referred to 

as ‘‘NYSE Amex’’) and continues to 

operate as a national securities exchange 

registered under Section 6 of the 

Securities Exchange Act of 1934, as 

amended (the ‘‘Act’’).8 The effective 

date of the Merger was October 1, 2008. 

In connection with the Merger, on 

December 1, 2008, the Exchange 

relocated all equities trading conducted 

on the Exchange legacy trading systems 

and facilities located at 86 Trinity Place, 

New York, New York, to trading systems 

and facilities located at 11 Wall Street, 

New York, New York (the ‘‘Equities 

Relocation’’). The Exchange’s equity 

trading systems and facilities at 11 Wall 

Street (the ‘‘NYSE Amex Trading 

Systems’’) are operated by the NYSE on 

behalf of the Exchange.9

As part of the Equities Relocation, the 

Exchange adopted NYSE Rules 1–1004, 

subject to such changes as necessary to 

apply the Rules to the Exchange, as the 

NYSE Alternext Equities Rules, now 

renamed NYSE Amex Equities Rules, to 

govern trading on the NYSE Amex 

Trading Systems.10 The NYSE Amex 

Equities Rules, which became operative 

on December 1, 2008, are substantially 

identical to the current NYSE Rules 1– 

1004 and the Exchange continues to 

update the NYSE Amex Equities Rules 

as necessary to conform with rule 

changes to corresponding NYSE Rules 

filed by the NYSE. 

Included in the adoption of the NYSE 

Rules was the adoption and operation of 

the NYSE’s New Market Model Pilot 

(‘‘Pilot’’) approved by the Securities and 

Exchange Commission (‘‘SEC or 

‘‘Commission’’) on October 24, 2008.11

As part of the original Pilot filing, the 

NYSE explained that although the 

Designated Market Maker (‘‘DMM’’) 

would no longer receive order-by-order 

information, there would continue to be 

certain times when human interaction 

was essential to market quality and 

maintaining a fair and orderly market. 

Currently the DMM is responsible for 

facilitating the opening transaction and 

ultimately determines the price,12 and 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 45507 

transaction cannot be executed at that price, the 

Display Book will block the execution. In addition, 

when executing blocks (10,000 shares or more or 

value of $200,000 or more), trading out of a gap 

quote situation or an Liquidity Replenishment Point 

(‘‘LRP’’) that locks or crossed the market, the 

Display Book may adjust the execution price if 

there is enough interest on the Display Book to 

complete the transaction at a better price. 

The Display Book® is an order management and 

execution facility. The Display Book receives and 

displays orders to the DMM, contains order 

information, and provides a mechanism to execute 

and report transactions and publish the results to 

the Consolidated Tape. The Display Book is 

connected to a number of other Exchange systems 

for the purposes of comparison, surveillance, and 

reporting information to customers and other 

market data and national market systems. 

13See proposed NYSE Amex Equities Rule 

104(a)(2). 

14See NYSE Amex Equities Rule 104 

Supplementary Material .05. 

15Odd-lot cancellations and GTC odd-lot orders 

are not included because of system constraints. 

Stop odd-lot orders are elected by the opening 

transaction which in turn commences the execution 

of orders in the Odd-lot System. The Stop odd-lot 

orders elected by the opening transaction are 

executed in the Odd-lot system pursuant to the rule 

governing odd-lot executions. See NYSE Amex 

Equities Rule 124(e). 

16See Securities and Exchange Act Release No 

59592 (March 17, 2009), 74 FR 12417 (March 24, 

2009) (SR–NYSE–2009–29) (Filing to, among other 

things, replace references to specific NYSE systems 

that perform particular functions and replace it 

with the phrase ‘‘Exchange systems’’ in order to 

keep pace with the enhancements to its 

technology). 

17 15 U.S.C. 78a. 

18 15 U.S.C. 78f(b)(5). 

19 15 U.S.C. 78s(b)(3)(A). 

20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of 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 satisfied this requirement. 

executes the orders at that price to open 

the trading in his or her assigned 

securities. In order to effect a fair and 

orderly opening transaction, the 

individual DMM is provided aggregate 

order information.13 DMMs have access 

to aggregate order information as it 

pertains to round-lot and odd-lot orders; 

however, the DMM unit algorithm 

receives odd-lot information on an 

order-by-order basis prior to the opening 

transaction. In order for the DMM unit 

algorithm to effectively facilitate an 

opening transaction, the DMM unit 

algorithm is provided odd-lot 

information prior to the opening. 

Constraints inherent to the Odd-lot 

System require that odd-lot information 

be transmitted to the DMM unit 

algorithm on an order-by-order basis 

prior to the opening. As such, prior to 

the opening, Exchange systems transmit 

to the DMM unit algorithm odd-lot 

order information 14 excluding e-Quote 

odd-lots, odd-lot cancellations, Stop 

odd-lot orders and Good ‘til Cancel oddlot orders.15 Once the security is 

opened, Exchange systems do not 

provide any order-by-order odd-lot 

information to the DMM unit algorithm. 

Proposed Amendment to NYSE Amex 

Equities Rule 104 

The Exchange anticipated that the 

work required to modify its systems to 

transmit aggregate odd-lot information 

to DMM unit algorithms would have 

been completed by August 31, 2009; 

however, after the completion of several 

system modifications it is clear that the 

Exchange will require an extension to 

October 31, 2009, in order to complete 

these particular enhancements. 

Since the commencement of the Pilot, 

the Exchange has completed several 

modifications to remove and enhance 

legacy systems. These enhancements are 

necessary to provide the foundation 

needed for Exchange systems to 

transmit aggregate odd-lot information 

to the DMM unit algorithm prior to the 

opening transaction.16 The Exchange 

continues to enhance its systems to 

create a strong platform for 

technological growth that offers its 

customers the most comprehensive set 

of trading technology solutions to meet 

their needs and expectations. In 

furtherance of this goal, the Exchange 

must either upgrade or replace in its 

entirety legacy systems that accept, 

manage, execute and report executions. 

The extensive nature of the 

modifications requires the Exchange to 

progressively implement these systemic 

changes on a security by security basis 

as it gains experience with the new 

technology until the new technology is 

operative in all securities traded on the 

Floor. Consequently, the modifications 

have progressed at a slower pace than 

initially anticipated. The next Exchange 

technology release will modify 

Exchange systems such that odd-lot 

information will be provided to the 

Display Book in aggregate prior to the 

opening transaction. Display Book in 

turn will provide aggregate order 

information to the DMM unit algorithm 

prior to the opening transaction to 

facilitate the ability of the DMM unit 

algorithm to electronically open trading 

in certain securities. It is anticipated 

that these modifications will be 

completed no later than October 31, 

2009. 

Given the above, the Exchange 

requests an extension to October 31, 

2009, to complete the system 

modifications required to transmit 

aggregate odd-lot information to the 

DMM unit algorithms prior to the 

opening transaction. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Act’’) 17 for 

these proposed rule changes is the 

requirement under Section 6(b)(5) 18

that an Exchange have rules that are 

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. The proposed rule 

change supports these principles and 

serves to protect the investor and the 

public interest. in that it seeks to 

continue providing DMM unit 

algorithms with the order by order oddlot information required to facilitate the 

timely opening of securities on the 

Exchange until Exchange systems can be 

modified to provide such information in 

an aggregated format. 

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 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 prior to 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, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 19 and Rule 19b–4(f)(6) 

thereunder.20

The Exchange has requested the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because such waiver will allow the 


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21For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 22 17 CFR 200.30–3(a)(12). 

Exchange to provide the DMM unit 

algorithms with order-by-order odd-lot 

information prior to the opening 

transaction without interruption until 

October 31, 2009, when the Exchange 

anticipates necessary modifications to 

its systems will be completed. 

Therefore, the Commission designates 

the proposal operative upon filing.21

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–NYSEAmex–2009–58 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–NYSEAmex–2009–58. 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 available publicly. All 

submissions should refer to File 

Number SR–NYSEAmex–2009–58 and 

should be submitted on or before 

September 23, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21137 Filed 9–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions and extensions of 

OMB-approved information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Director for Reports 

Clearance to the addresses or fax 

numbers shown below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA. 

Fax: 202–395–6974. E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA), Social Security Administration, 

DCBFM, Attn: Director, Center for 

Reports Clearance, 1333 Annex 

Building, 6401 Security Blvd., 

Baltimore, MD 21235. Fax: 410–965– 

0454. E-mail address: 

OPLM.RCO@ssa.gov. 

The information collections below are 

pending at SSA. SSA will submit them 

to OMB within 60 days from the date of 

this notice. To be sure we consider your 

comments, we must receive them no 

later than November 2, 2009. 

Individuals can obtain copies of the 

collection instruments by calling the 

SSA Director for Reports Clearance at 

410–965–0454 or by writing to the email address we list above. 

1. Blood Donor Locator Service 

(BDLS)—20 CFR 401.200—0960–0501. 

This regulation stipulates that when 

blood donor facilities identify blood 

donations as Human Immunodeficiency 

Virus (HIV)-positive, the overseeing 

State agency must provide the names 

and Social Security Numbers of the 

affected donors to SSA’s Blood Donor 

Locator Service. SSA uses this 

information to furnish the State agencies 

with the blood donors’ address 

information to notify the blood donors. 

Respondents are State agencies acting 

on behalf of blood donor facilities. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 10. 

Frequency of Response: 5. 

Average Burden per Response: 15 

minutes. 

Estimated Annual Burden: 13 hours. 

2. Continuation of SSI Benefits for the 

Temporarily Institutionalized— 

Certification of Period and Need to 

Maintain Home—20 CFR 

416.212(b)(1)—0960–0516. When 

Supplemental Security Income (SSI) 

recipients: (1) Enter a public institution, 

or (2) enter a private medical institution 

with Medicaid paying more than 50% of 

expenses, their SSI payments are 

reduced to a nominal sum. However, if 

this institutionalization is temporary 

(defined as a maximum of 3 months), 

SSA may waive the reduction of 

benefits. 

Before SSA can waive the benefit 

reduction, the agency must receive the 

following documentation: (1) A 

physician’s certification that the 

beneficiary will only be 

institutionalized for a maximum of 3 

months, and (2) certification from the 

beneficiary, beneficiary’s family, or 

beneficiary’s friend confirming that SSI 

benefits are needed to maintain the 

living arrangements to which the 

beneficiary will return postinstitutionalization. The respondents 

are doctors of SSI beneficiaries and the 

beneficiaries or their family/friends. 

Type of Request: Extension of an 

OMB-approved information collection. 


jlentini on DSKJ8SOYB1PROD with NOTICES