45268 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

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). 

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

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires that a self-regulatory 

organization 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. 

10 Id. 

11See SR–BATS–2009–028, Item 7. 

12For the 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). 

Act of 1934, that trading in the 

securities of the above-listed company is 

suspended for the period from 9:30 a.m. 

EDT, August 28, 2009 through 11:59 

p.m. EDT, on September 11, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–21142 Filed 8–28–09; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60569; File No. SR–BATS– 

2009–028] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend BATS Rule 

11.9, Entitled ‘‘Orders and Modifiers,’’ 

and BATS Rule 11.13, Entitled ‘‘Order 

Execution.’’ 

August 26, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on August 

21, 2009, BATS Exchange, Inc. (‘‘BATS’’ 

or the ‘‘Exchange’’) 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 Exchange. The Exchange has 

designated this proposal as a ‘‘noncontroversial’’ proposed rule change 

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

Act 3 and Rule 19b–4(f)(6)(iii) 

thereunder,4 which renders it 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 is proposing to amend 

BATS Rules 11.9, entitled ‘‘Orders and 

Modifiers,’’ and 11.13, entitled ‘‘Order 

Execution,’’ to remove an order type (a 

‘‘BATS Only BOLT Order’’) and 

processing method (‘‘BOLT Routing’’) 

that each provide an optional display 

period through which a marketable 

order is displayed to Exchange Users 

(and market data recipients) for a brief 

period of time designated by the 

Exchange prior to being routed, 

cancelled, or posted to the BATS Book. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.com, 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to remove language which 

allows marketable orders to be 

displayed to Exchange Users (and 

market data recipients) prior to being 

routed, cancelled, or posted to the BATS 

Book. Specifically, the Exchange 

currently offers both an order type and 

a pre-routing processing method that, 

after first seeking to execute against the 

BATS Book, permit the order to be 

displayed as a marketable order at the 

NBB for a sell order or the NBO for a 

buy order to Exchange Users and market 

data recipients for a brief, variable 

amount of time (not to exceed 500 

milliseconds) for potential execution. 

2. Statutory Basis 

The rule change proposed in this 

submission is consistent with the 

requirements of the Act and the rules 

and regulations thereunder that are 

applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6(b) of the Act.5

Specifically, the proposed change is 

consistent with Section 6(b)(5) of the 

Act,6 because it would promote just and 

equitable principles of trade, remove 

impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system, and, in 

general, protect investors and the public 

interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change 

does not: (1) Significantly affect the 

protection of investors or the public 

interest; (2) impose any significant 

burden on competition; and (3) become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 7 and Rule 19b– 

4(f)(6) thereunder.8

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to 30 days after 

the date of filing.9 However, Rule 19b– 

4(f)(6)(iii) 10 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Exchange requests this 

waiver because it plans to stop 

supporting the order type and prerouting processing method that are 

being deleted through the proposal as of 

September 1, 2009.11 Based on the 

foregoing, the Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest and 

hereby designates the proposal 

operative on September 1, 2009.12

At any time within 60 days of the 

filing of such proposed rule change the 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45269 

13 17 CFR 200.30–3(a)(12). 

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 

No. SR–BATS–2009–028 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 No. 

SR–BATS–2009–028. 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 BATS. 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. 

SR–BATS–2009–028 and should be 

submitted on or before September 22, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–20988 Filed 8–31–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6748] 

60–Day Notice of Proposed 

Information Collection: DS 3072, 

Emergency Loan Application and 

Evacuation Documentation, OMB 

Control Number 1405–0150 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Emergency Loan Application and 

Evacuation Documentation. 

• OMB Control Number: OMB 

Control Number 1405–0150. 

• Type of Request: Revision of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Consular Affairs, Overseas Citizens 

Services (CA/OCS). 

• Form Number: DS 3072. 

• Respondents: U.S. Citizens 

applying for emergency loan assistance 

or evacuation processing. 

• Estimated Number of Respondents: 

1,176. 

• Estimated Number of Responses: 

1,176. 

• Average Hours Per Response: 10 

minutes. 

• Total Estimated Burden: 196 hours. 

• Frequency: On Occasion. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

DATES: The Department will accept 

comments from the public up to 60 days 

from September 1, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: ASKPRI@state.gov. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

CA/OCS/PRI, SA–29, 4th Floor, 

Washington, DC 20520. 

• Fax: 202–736–9111. 

• Hand Delivery or Courier: U.S. 

Department of State, CA/OCS/PRI, 2100 

Pennsylvania Avenue, 4th Floor, 

Washington, DC 20037. 

You must include the DS form number 

(if applicable), information collection 

title, and OMB control number in any 

correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Derek A. Rivers, Bureau of Consular 

Affairs, Overseas Citizens Services (CA/ 

OCS/PRI), U.S. Department of State, 

SA–29, 4th Floor, Washington, DC 

20520, who may be reached on (202) 

736–9082 or ASKPRI@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit the 

Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of 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 

The purpose of the DS–3072 is to 

process emergency loans for destitute 

citizens and to document the safe and 

efficient evacuation of private United 

States citizens, dependents and third 

country nationals from abroad. The 

information will be used to process the 

emergency loan, facilitate reception and 

resettlement assistance in the U.S. and 

for debt collection. Respondents are 

private U.S. citizens and their 

dependents abroad who are destitute 

and in need of repatriation to the U.S.; 

private U.S. citizens and their 

dependents abroad who are in need of 

emergency medical and dietary 

assistance who are unable to obtain 

such services otherwise; and private 

U.S. citizens abroad and their 

dependents and third country nationals 

who are in need of evacuation when 

their lives are endangered by war, civil 

unrest, or natural disaster. 

Methodology 

The Bureau of Consular Affairs will 

be posting this form on Department of 

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