46632 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(3)(A)(iii). 

5 17 CFR 240.19b–4(f)(6). 

6Amendment No. 1 added clarifying language to 

the proposed rule text and made corresponding 

changes to the proposal. 

7The terms ‘‘protected quotations’’ and ‘‘trade 

through’’ have the same meaning as defined in Rule 

600 of Regulation NMS. These terms have been 

added to the definition section of Rule 1600 in the 

proposed amendment (see proposed subsections 

(b)(2)(F) and (b)(2)(I)). The proposed rule change 

does not impact the facility’s consideration of all 

protected quotations of automated trading centers. 

The local SBA district office may be 

found at http://www.sba.gov/ 

localresources/index.html. 

Authority: 15 U.S.C. 636(a)(25) and 13 

CFR 120.3. 

Walter C. Intlekofer, 

Acting Director, Office of Financial 

Assistance. 

[FR Doc. E9–21891 Filed 9–9–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Super Nova Resources, 

Inc.; Order of Suspension of Trading 

September 8, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Super Nova 

Resources, Inc. because questions have 

arisen regarding the trading in the 

company’s stock, and the accuracy and 

adequacy of publicly available 

information concerning, among other 

things, the company’s business 

operations. 

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 

company. 

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 company is 

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

EDT, on September 8, 2009, through 

11:59 p.m. EDT, on September 21, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–21924 Filed 9–8–09; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60618; File No. SR–NYSE– 

2009–82] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change and 

Amendment No. 1 Thereto Amending 

Certain Provisions of Exchange Rule 

1600 To Align the Rule With the 

Technology and Functionality of the 

NYBX Facility in Relation to an NYBX 

Order’s Ability To Interact With NonDisplayed Contra Side Liquidity in the 

NYSE Display Book® and To Clarify the 

Processing of NYBX Orders That Have 

An Optional, User-Defined Minimum 

Triggering Volume 

September 3, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on August 

12, 2009, New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘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 has 

designated the proposed rule change 

‘‘non-controversial’’ and eligible for 

immediate effectiveness pursuant to 

Section 19(b)(3)(A)(iii) of the Act 4 and 

Rule 19b–4(f)(6) thereunder.5 On 

September 1, 2009, the Exchange filed 

Amendment No. 1.6 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 

certain provisions of Exchange Rule 

1600 (New York Block ExchangeSM) 

(‘‘NYBXSM’’ or the ‘‘facility’’) to align 

the Rule with the technology and 

functionality of the NYBX facility in 

relation to an NYBX order’s ability to 

interact with non-displayed contra side 

liquidity in the NYSE Display Book®

(‘‘Display Book’’ or ‘‘DBK’’) and to 

clarify the processing of NYBX orders 

that have an optional, user-defined 

Minimum Triggering Volume (‘‘MTV’’). 

The proposed amendment also includes 

clarifying language, additional 

definitions of terms found in Regulation 

NMS 7 and adds technical changes to 

correct the numbering of certain 

subsections. This Amendment No. 1 of 

SR–NYSE–2009–82 replaces the 

previous filing in its entirety. 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 

The NYBX is an electronic facility of 

the Exchange that provides continuous 

execution of all NYBX orders in NYSElisted securities with the aggregate of all 

orders in the NYBX facility and 

displayed and non-displayed orders in 

the DBK. Orders entered into the NYBX 

facility are non-displayed orders. NYBX 

orders may be subject to certain 

conditions that can affect their ability to 

be executed. One type of condition is a 

minimum size desired for execution, 

known as the MTV. Executions on the 

NYBX will not trade through a protected 

quotation of an automated trading 

center. 

The Exchange seeks to amend 

Exchange Rule 1600 to clarify the 

functionality of the NYBX facility in 

relation to an NYBX order’s ability to 

execute with aggregated non-displayed 

contra side liquidity in the DBK. An 

automated market data feed into the 

NYBX facility enables the facility to 

read non-displayed liquidity in the DBK 

(‘‘hidden data feed’’) and triggers the 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46633 

8See NYSE Rule 13 for a definition of ‘‘reserve 

orders.’’ 

9See Securities Exchange Act Release No. 58845 

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

(SR–NYSE–2008–46) (‘‘The New Market Model’’). 

Specifically, see NYSE Rule 1000(d)(i). 

10See NYSE Rule 17(c) (‘‘Operation of Routing 

Broker’’). As per Rule 17(c), the NYBX facility will 

use the Routing Broker to send NYBX orders to the 

DBK and to automated trading centers pursuant to 

Regulation NMS when attempting to execute such 

orders. 

routing of NYBX orders to the DBK 

whenever the MTV can be met by the 

aggregate of displayed and nondisplayed contra side liquidity as 

described in subsection (c)(3)(B)(ii)(I) of 

Rule 1600 (‘‘MTV Calculations’’). It is 

important to note that unless the NYBX 

order’s MTV can be met, an NYBX order 

will not attempt to execute with 

available contra side liquidity. 

In addition to the non-displayed 

liquidity of reserve orders 8 entered on 

the NYSE, the non-displayed liquidity 

in the DBK includes the Designated 

Market Maker’s (‘‘DMM’’) Capital 

Commitment Schedule (‘‘CCS’’).9 CCS is 

a liquidity schedule established at 

various price points at which the DMM 

is willing to interact with incoming 

contra side orders and possibly provide 

price improvement to orders in the 

DBK, including NYBX orders that are 

routed to the DBK. DMMs commit this 

predetermined CCS interest through a 

DMM algorithm. 

Because the hidden data feed cannot 

read the CCS interest in the DMMs’ 

algorithms, CCS interest is not 

considered in the MTV calculation. 

Nevertheless, when the MTV is 

otherwise met, CCS interest may 

attempt to execute with NYBX orders 

when they enter the DBK at any price 

point. CCS interest may attempt to 

execute with an NYBX order each time 

the order, whether the originating order 

or a residual order, is routed from the 

NYBX facility to the DBK. The 

interaction of NYBX orders with DBK 

contra side liquidity and available 

contra side CCS interest is discussed 

more fully below (see also Example Nos. 

1A and 4). 

To enable an NYBX order to execute 

with non-displayed liquidity in the 

DBK, the NYBX facility has been 

configured to automatically over-size 

NYBX orders that are routed from the 

facility to the DBK, thereby allowing 

such orders to attempt to execute with 

available contra side displayed and nondisplayed liquidity in the DBK and with 

available contra side CCS interest. 

‘‘Over-sizing’’ is an automated function 

whereby the NYBX facility sends the 

entire NYBX order to the DBK. This 

occurs when the MTV is met and the 

DBK has available contra side liquidity 

and there is no better priced contra side 

liquidity in the NYBX facility. 

The amendment will also clarify that 

an unrestricted MTV calculation, as 

described in subsection (c)(3)(B)(ii)(I) of 

Rule 1600 (‘‘MTV Calculations’’), will 

not include the available contra side 

liquidity in automated trading centers 

unless the execution of the NYBX order 

may potentially trade through a 

protected quotation in the NYBX facility 

or in the DBK. Therefore, even if a 

customer designated an NYBX order 

with an unrestricted MTV, the facility 

will not consider available contra side 

liquidity in other automated trading 

centers when calculating the MTV 

unless the execution of that order may 

potentially trade through a protected 

quotation. 

NYBX Compliance With Regulation 

NMS 

NYBX orders will not trade through a 

Protected Bid or Protected Offer except 

as allowed by Rule 611 of Regulation 

NMS. If the execution of an NYBX order 

may potentially trade through an 

automated trading center, the NYBX 

facility will immediately send routing 

instructions to the NYSE Routing 

Broker 10 (‘‘Routing Broker’’) and the 

Routing Broker will immediately route 

the applicable volume (e.g., the price 

and size of the displayed quotation) to 

the automated trading center to attempt 

to execute with applicable protected 

quotations. If the order is larger than the 

amount routed to the automated trading 

center, the portion of the NYBX order 

that was not routed to the automated 

trading center is sent to the DBK to 

attempt to execute with displayed and 

non-displayed contra side liquidity in 

the DBK and with available contra side 

CCS interest. The routing of orders from 

the NYBX facility to automated trading 

centers, via the Routing Broker, occurs 

almost simultaneously with the sending 

of orders to the DBK or executions of 

orders in the NYBX facility. 

Also, when there is a potential trade 

through of a protected quotation and the 

applicable portion of an NYBX order is 

routed to the automated trading center 

in compliance with Regulation NMS, 

the NYBX facility will not provide price 

improvement, as a delay in routing may 

cause an inadvertent trade through of 

protected quotations should the 

quotations change in the meantime. 

NYBX Order Execution Sequence 

NYBX orders will first attempt to 

execute against all available contra side 

liquidity in the DBK (displayed and 

non-displayed) and with any available 

contra side CCS interest at a price that 

is equal to or better than the limit price 

of the NYBX order. The NYBX order 

will be oversized and routed to the DBK 

at a price equal to: (a) The best price of 

contra side liquidity available in the 

NYBX Facility, or (b) the best price of 

contra side liquidity available in the 

DBK, whichever price is superior, and 

attempt to execute in the DBK until the 

order is exhausted or until the available 

contra side liquidity in the DBK is 

exhausted. 

However, when the NYBX facility has 

available contra side liquidity at a price 

at or within the NBBO and at a price 

that is better than all displayed and nondisplayed liquidity in the DBK, or when 

there is no displayed or non-displayed 

contra side liquidity in the DBK, the 

order will attempt to execute in the 

NYBX facility at such price until the 

order is exhausted or until the available 

contra side liquidity in the facility is 

exhausted or until the order is cancelled 

or until the order reaches a price point 

that is available in the DBK. 

As described in more detail above, the 

execution of NYBX orders will comply 

with Regulation NMS. 

In each of the aforementioned trading 

situations, if the order at a particular 

price point is not exhausted in the DBK, 

the residual order will be sent back to 

the NYBX facility where it will attempt 

to execute with available contra side 

liquidity in the DBK, the NYBX facility, 

and the protected quotations of other 

automated trading centers, in the same 

sequence described above, until the 

order is exhausted or until the available 

contra side liquidity is exhausted or 

until the order is cancelled. 

Examples: The following examples will 

demonstrate how NYBX orders are 

processed. 

NYBX Snapshot 

NYBX: (Sell Orders) 

500 shares @ $19.99. 

500 shares @ $20.00. 

500 shares @ $20.01. 

500 shares @ $20.04. 

PHLX: (Sell Orders) 

400 shares @ $20.00 (NBBO). 

DBK: (Sell Orders) 

Displayed: 

600 shares @ $20.00. 

300 shares @ $20.01. 

300 shares @ $20.05. 

Non-Displayed: (Sell orders) 

500 shares @ $19.99. 

500 Shares @ $20.00. 

Example No. 1: A buy limit order of 2,500 

shares at $20.00, with an unrestricted MTV 

of 2,500 shares, enters the NYBX facility. The 

MTV of 2,500 shares is met by the aggregate 

of orders in the NYBX facility and the DBK 

at $19.99 (500 + 500) and @ $20.00 (500 + 

600 + 500) adding up to 2,600 shares. Orders 


erowe on DSK5CLS3C1PROD with NOTICES
46634 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

in PHLX were not necessary to meet the 

MTV. 

The NYBX facility routes and executes the 

order in the following sequence: 

—Route 2,500 shares to DBK @ $19.99, 

execute 500 shares leaving 2,000 shares. 

—Execute 500 shares in NYBX @ $19.99 

leaving 1,500 shares. 

—Route 1,500 shares to DBK @ $20.00, 

execute 1,100 shares leaving 400 shares. 

—Execute 400 shares in NYBX @ $20.00 

thereby exhausting the order. 

As the example shows, orders will 

first attempt to execute with contra side 

liquidity in the DBK when the price is 

equal to or better than the price in the 

NYBX. When the NYBX facility has 

available contra side liquidity at a price 

within the NBBO and at a price that is 

better than all liquidity in the DBK, or 

when there is no available contra side 

liquidity in the DBK, the order will 

attempt to execute in the NYBX facility 

at that price. 

Example No. 1A: Using the same scenario 

in Example No. 1 above, a buy limit order of 

2,500 shares @ $20.00, with an unrestricted 

MTV of 2,500 shares, enters the NYBX 

facility. The NYBX facility routes and 

executes the order in the following sequence: 

—Route 2,500 shares to DBK @ $19.99, 

execute 500 shares leaving 2,000 shares. 

—Upon presentation of the order in the DBK, 

the DMM Capital Commitment Schedule 

algorithm (‘‘CCS’’) determines to execute 

1,000 additional shares @ $19.99 leaving 

1,000 shares. 

—Execute 500 shares in NYBX @ $19.99 

leaving 500 shares. 

—Route 500 shares to DBK @ $20.00, execute 

500 shares in DBK thereby exhausting the 

order. 

As the example shows, when NYBX 

orders are routed to the DBK, such 

NYBX orders will have an opportunity 

to attempt to execute with CCS interest. 

If a residual NYBX order remains after 

partial execution in the DBK at a 

particular price point, the residual order 

will be sent back to the NYBX facility 

for further execution in the NYBX 

facility, the DBK or with protected 

quotations of automated trading centers. 

Thus, if the DBK acquires additional 

contra side liquidity, displayed or nondisplayed, that is eligible for execution 

against the NYBX order, the NYBX 

facility will route the residual order to 

the DBK. This NYBX residual order, for 

all intents and purposes, appears as a 

new order to the DBK, and such NYBX 

order will have another opportunity to 

attempt to execute with available contra 

side liquidity in the DBK and with 

available contra side CCS interest. 

Therefore, each time an NYBX order, 

original or residual, is routed to the DBK 

at a particular price point, such order 

will have an opportunity to attempt to 

execute with displayed and nondisplayed contra side liquidity in the 

DBK and with available contra side CCS 

interest. 

Example No. 2: A buy limit order for 3,000 

shares @ $20.00, with an unrestricted MTV 

of 3,000 shares, enters the NYBX. The MTV 

is not met because the aggregate of available 

contra side liquidity in the DBK and in the 

NYBX only adds up to 2,600 shares (1,000 @ 

$19.99 and 1,600 at $20.00). Because there 

will be no trade through at the PHLX in this 

example, the 400 PHLX shares will not be 

counted in the MTV calculation. Therefore, 

the MTV is not met and because the MTV is 

not met, there will be no execution of the 

NYBX order. 

Example No. 3: A buy limit order for 3,500 

shares @ $20.01, with an unrestricted MTV 

of 3,500 shares, enters the NYBX facility. In 

this example, the MTV is met by the 

aggregate liquidity at $19.99, $20.00 and 

$20.01 on the DBK, the NYBX and the PHLX 

(1000 + 2000 + 800 = 3,800). The NYBX 

routes and executes the order in the 

following sequence: 

—Route 400 shares to PHLX @ $20.00, 

execute 400 shares leaving 3,100 shares. 

—Route 3,100 shares to DBK @ $19.99, 

execute 500 shares leaving 2,600 shares. 

—Execute 500 shares in NYBX @ $19.99 

leaving 2,100 shares. 

—Route 2,100 shares to DBK @ $20.00, 

execute 1,100 shares leaving 1,000 shares. 

—Execute 500 shares in NYBX @ $20.00 

leaving 500 shares. 

—Route 500 shares to DBK @ $20.01, execute 

300 shares leaving 200 shares. 

—Execute 200 shares in NYBX @ $20.01 

thereby exhausting the order. 

The liquidity in the PHLX is included 

in the MTV calculation because, as the 

example demonstrates, the execution of 

the order may potentially trade through 

the protected quotations. The NYBX 

facility is programmed to route the 

applicable volume to automated trading 

centers whenever one or more 

successive price points of NYBX and 

DBK contra side liquidity, included in 

the MTV calculation, are inferior to 

prices of protected quotations in the 

automated trading center(s), thereby 

avoiding a potential trade through of 

any protected quotations. The NYBX 

snapshot of the entire market enables 

the NYBX facility to determine if there 

is a potential trade through of a 

protected quotation, and if so, the 

facility immediately routes the 

applicable shares to the automated 

trading center(s) in compliance with 

Regulation NMS. This is done even if 

the price of the shares routed to the 

automated trading center(s) is inferior to 

other successive price points in the 

NYBX facility and in the DBK. As 

discussed above, the facility will not 

wait for price improvement 

opportunities when routing out shares 

in compliance with Regulation NMS as 

any routing delay may cause an 

inadvertent trade through of protected 

quotations. 

In Example No. 3 the NYBX routed 

400 shares to the PHLX at $20.00 to 

comply with Regulation NMS. This 

routing to PHLX occurred almost 

simultaneously with the routing of 

3,100 shares to DBK at $19.99, executing 

500 shares and leaving 2,600 shares. As 

the order sequencing in Example No. 3 

demonstrates, the remaining 2,600 

shares then executes with all better 

priced contra side liquidity in the DBK 

and the NYBX facility. This example 

also demonstrates how the NYBX 

facility attempts to execute available 

contra side liquidity at each successive 

price point in the DBK and in the NYBX 

facility (i.e., ‘‘walking the book’’). 

Example No. 3A: In the same example as 

Example No. 3 above, if the MTV calculation 

was ‘‘restricted’’ to include only the available 

contra side liquidity in the DBK and the 

NYBX and not contra side liquidity in the 

PHLX (1000 + 1600 + 800 = 3,400), the MTV 

would not be met and the order would not 

be executed. 

Example No. 4: A buy limit order of 4,500 

shares @ $20.05, with no MTV, enters the 

NYBX facility. The NYBX routes and 

executes the order in the following sequence: 

—Route 400 shares to PHLX @ $20.00, 

execute 400 shares leaving 4,100 shares. 

—Route 4,100 shares to DBK @ $19.99, 

execute 500 shares leaving 3,600 shares. 

—Execute 500 shares in NYBX @ $19.99 

leaving 3,100 shares. 

—Route 3,100 shares to DBK @ $20.00, 

execute 1,100 shares leaving 2,000 shares. 

—Execute 500 shares in NYBX @ $20.00 

leaving 1,500 shares. 

—Route 1,500 shares to DBK @ $20.01, 

execute 300 shares leaving 1,200 shares. 

—Execute 500 shares in NYBX @ $20.01 

leaving 700 shares. 

—Route 700 shares to DBK @ $20.04, execute 

0 leaving 700 shares. 

—Execute 500 shares in NYBX @ $20.04 

leaving 200 shares. 

—Route 200 shares to DBK @ $20.05, execute 

200 shares thereby exhausting the order. 

As explained earlier in Example No. 

3, when there is a potential trade 

through of a protected quotation, the 

facility immediately routes the 

applicable volume to the automated 

trading center(s) in compliance with 

Regulation NMS. In Example No. 4 the 

NYBX routed 400 shares to the PHLX at 

$20.00 to comply with Regulation NMS. 

This routing to PHLX occurred almost 

simultaneously with the routing of 

4,100 shares to DBK at $19.99, executing 

500 shares and leaving 3,600 shares. 

The facility does not provide price 

improvement to the shares that are 

routed to the automated trading 

center(s) as latency and interaction with 

hidden CCS interest could compromise 

the facility’s ability to comply with 

Regulation NMS. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46635 

11 15 U.S.C. 78a et seq. 12 15 U.S.C. 78f(b)(5). 

13 15 U.S.C. 78s(b)(3)(A). 14 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. NYSE has satisfied this requirement. 15 17 CFR 240.19b–4(f)(6). 16 17 CFR 240.19b–4(f)(6)(iii). 17For 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). 18For purposes of calculating the 60-day period 

within which the Commission may summarily 

abrogate the proposed rule change under Section 

19(b)(3)(C) of the Act, the Commission considers 

the period to commence on September 1, 2009, the 

date on which NYSE submitted Amendment No. 1. 

See 15 U.S.C. 78s(b)(3)(C). 

As Example No. 4 demonstrates, 

provided the MTV of the order is met, 

the NYBX facility is programmed to 

route orders to the DBK and attempt to 

execute with available contra side 

liquidity in the DBK even if an order’s 

limit price is not matched in the DBK’s 

displayed or non-displayed contra side 

liquidity. Also, provided the MTV is 

met, the NYBX facility will route orders 

to the DBK and attempt to execute with 

better priced available contra side 

liquidity in the DBK, which will include 

an opportunity to execute with CCS 

interest. This occurs in Example No. 4 

when the NYBX facility routes 700 

shares at $20.04 to the DBK even though 

the DBK does not have contra side 

liquidity priced at $20.04, but has such 

liquidity priced at $20.05. When the 

facility routes 700 shares at $20.04 to 

the DBK, the order has an opportunity 

to execute with CCS interest, but no 

shares are executed at that price. Then 

the 700 shares are sent back to the 

NYBX facility to attempt to execute 

against the 500 shares in the NYBX at 

$20.04. The 700 shares then execute 

against the 500 shares at $20.04 leaving 

200 shares. Because the DBK has 300 

shares of contra side liquidity at $20.05, 

the NYBX facility then sends the 

residual order consisting of 200 shares 

at $20.05 back to the DBK where it 

executes against the 300 shares at 

$20.05 thereby exhausting the NYBX 

order and leaving 100 shares at $20.05 

in the DBK. As the example also 

demonstrates, the NYBX facility is 

programmed to attempt to execute 

orders at each successive price point 

available in the NYBX facility and in the 

DBK. 

The proposed amendment adds 

definitions of terms in subsection (b)(2) 

(Definitions), which are defined in 

Regulation NMS and corrects the 

numbering of provisions in subsection 

(h) (Limitations on the Use of the New 

York Block Exchange). 

The proposed amendment also 

clarifies the manner in which the NYBX 

orders are processed and how such 

orders interact with the DBK, including 

interaction with available contra side 

CCS interest. Additionally, the proposed 

amendment clarifies that the MTV 

calculation does not include the 

protected quotations in the automated 

trading centers unless the execution of 

the NYBX order may potentially trade 

through a protected quotation. 

2. Statutory Basis 

The basis under the Act 11 for this 

proposed rule change is the requirement 

under Section 6(b)(5) 12 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 amendment aligns the Rule 

with the technology and functionality of 

the NYBX facility in relation to an 

NYBX order’s ability to attempt to 

execute with contra side liquidity in the 

DBK and with the DMM’s CCS interest. 

The amendment also clarifies that the 

unrestricted MTV calculation will not 

include the available contra side 

liquidity in the automated trading 

centers unless the execution of the 

NYBX order may otherwise trade 

through a protected quotation in the 

NYBX facility or in the DBK. 

Additionally, the amendment clarifies 

how NYBX orders are processed and at 

what price point orders are routed from 

the NYBX facility to the DBK and 

attempt to execute in the DBK. The 

proposed amendment adds definitions 

of terms in subsection (b)(2) 

(Definitions), which are defined in 

Regulation NMS. Therefore, the 

Exchange believes that because the 

proposed amendment will clarify how 

the NYBX facility operates, investors 

and the public interest will be best 

served as the amendment will provide 

transparency of the facility’s 

functionality for all users. 

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 13 and Rule 19b-4(f)(6) 

thereunder.14

A proposed rule change filed under 

Rule 19b–4(f)(6) 15 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),16 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Exchange believes the waiver 

of this period will allow it to align Rule 

1600 with the technology and 

functionality of the NYBX facility as it 

currently operates, providing greater 

transparency and certainty to market 

participants. The Exchange also asserts 

that waiving the operative delay will 

enable its customers to better manage 

their order flow and make strategic 

trading decisions. 

The Commission has determined that 

waiving the 30-day operative delay of 

the Exchange’s proposal is consistent 

with the protection of investors and the 

public interest because such waiver will 

allow the Exchange to promptly 

conform its rules to manner in which 

the NYBX Facility currently operates.17

Therefore, the Commission designates 

the proposal as operative upon filing. 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.18

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 


erowe on DSK5CLS3C1PROD with NOTICES
46636 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

19 17 CFR 200.30–3(a)(12). 

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–NYSE–2009–82 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–NYSE–2009–82. 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 

Section, 100 F Street, NE., Washington, 

DC 20549–1090. Copies of the filing will 

also be available for inspection and 

copying at the NYSE’s principal office 

and on its Internet Web site at http:// 

www.nyse.com. 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–NYSE– 

2009–82 and should be submitted on or 

before October 1, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21711 Filed 9–9–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6758] 

Agency Information Collection 

Activities; Proposals, Submissions, 

and Approvals 

Title: 60-Day Notice of Proposed 

Information Collection: DS–2028, 

Overseas Schools Grant Status Report 

OMB 1405–0033. 

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: 

Overseas Schools Grant Status Report. 

• OMB Control Number: OMB 1405– 

0033. 

• Type of Request: Extension. 

• Originating Office: Office of 

Overseas Schools, A/OPR/OS. 

• Form Number: DS–2028. 

• Respondents: Overseas schools 

grantees. 

• Estimated Number of Respondents: 

196. 

• Estimated Number of Responses: 

196. 

• Average Hours per Response: 15 

minutes. 

• Total Estimated Burden: 49 hours. 

• Frequency: Annually. 

• Obligation to Respond: Required to 

obtain or retain a benefit. 

DATE(S): The Department will accept 

comments from the public up to 60 days 

from September 10, 2009. 

ADDRESSES: Keith Miller, Department of 

State, Office of Overseas Schools, 

A/OPR/OS, Room H328, SA–1, 

Washington, DC 20522–0132, who is 

reachable on 202–261–8200. 

You may submit comments by any of 

the following methods: 

• E-mail: millerkd2@state.gov. 

• Mail (paper, disk, or CD–ROM 

submissions): Office of Overseas 

Schools, U.S. Department of State, 2201 

C St., NW., Washington, DC 20522– 

0132. 

• Fax: 202–261–8224. 

• Hand Delivery or Courier: 2401 E 

St., NW., Room H328, 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 

Keith Miller, Department of State, Office 

of Overseas Schools, A/OPR/OS, Room 

H328, SA–1, Washington, DC 20522– 

0132, who is reachable on 202–261– 

8200 or at millerkd2@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 Office of Overseas Schools of the 

Department of State (A/OPR/OS) is 

responsible for determining that 

adequate educational opportunities 

exist at Foreign Service Posts for 

dependents of U.S. Government 

personnel stationed abroad, and for 

assisting American-sponsored overseas 

schools to demonstrate U.S. educational 

philosophy and practice. The 

information gathered provides the 

technical and professional staff of 

A/OPR/OS the means by which 

obligations, expenditures and 

reimbursements of the grant funds are 

monitored to ensure the grantee 

complies with the terms of the grant. 

Methodology: Information is collected 

via electronic and paper submission. 

Dated: August 28, 2009. 

Peggy Philbin, 

Executive Director, Bureau of Administration, 

Department of State. 

[FR Doc. E9–21837 Filed 9–9–09; 8:45 am] 

BILLING CODE 4710–24–P 


erowe on DSK5CLS3C1PROD with NOTICES