Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48621 

15The Exchange has fulfilled this five day 

requirement. 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). 

18 Id. 

19For purposes only of waiving the operative 

delay of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). See also 17 CFR 200.30–3(a)(59). 

20Securities Exchange Act Release No. 59417 

(February 18, 2009), 74 FR 8591 (February 25, 2009) 

(SR–CBOE–2008–115). 21 17 CFR 200.30–3(a)(12). 

designate if consistent with the 

protection of investors and the public 

interest, provided that the selfregulatory organization has given 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,15 the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 16 and 

Rule 19b–4(f)(6) thereunder.17

Under Rule 19b–4(f)(6) of the Act,18 a 

proposal does not become operative for 

30 days after the date of its filing, or 

such shorter time as the Commission 

may designate if consistent with the 

protection of investors and the public 

interest. 

The Exchange has requested that the 

Commission waive the 30-day operative 

date. The Exchange notes that the 

proposed rule change is based on the 

rules of another self-regulatory 

organization and raises no new policy 

issues. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest, and 

thus designates the proposal as 

operative upon filing.19 The 

Commission notes that the Exchange’s 

proposal is based on a similar proposed 

rule change adopted by the Chicago 

Board Options Exchange.20 That 

proposal was subject to full notice and 

comment and no comments were 

received. Based on this, the Commission 

believes that it is appropriate to 

designate the proposal 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. 

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–2009–81 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–2009–81. 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. Copies of the 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–Phlx–2009–81 and should 

be submitted on or before October 14, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–22877 Filed 9–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA 2008–0060] 

Social Security Ruling, SSR 85–3.; 

Rescission of Social Security Ruling 

85–3 

AGENCY: Social Security Administration. 

ACTION: Notice of Rescission of Social 

Security Ruling. 

SUMMARY: In accordance with 20 CFR 

402.35(b)(1), the Commissioner of Social 

Security gives notice of the rescission of 

Social Security Ruling (SSR) 85–3. 

DATES: Effective Date: This rescission 

will be effective October 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joann S. Anderson, Office of Income 

Security Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–6716 or TTY 410–966–5609, 

for information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: SSRs 

make available to the public 

precedential decisions relating to the 

Federal old-age, survivors, disability, 

supplemental security income, special 

veterans benefits, and black lung 

benefits programs. SSRs may be based 

on determinations or decisions made at 

all levels of administrative adjudication, 

Federal court decisions, Commissioner’s 

decisions, opinions of the Office of the 

General Counsel, or other 

interpretations of the law and 

regulations. 

SSR 85–3 states that we do not need 

to authorize a representative’s fee when 

the following conditions are met: 

1. The claimant or beneficiary 

(including any auxiliaries) is not liable 

to pay a fee or any expenses, or any part 

thereof, directly or indirectly, to the 

representative or to someone else. 

2. The entity which pays the fee and 

expenses incurred, if any, on behalf of 

the claimant(s) or beneficiary(ies) is a 

nonprofit organization or a Federal, 

State, county, or city agency. 

3. The payment of the fee and any 

expenses is made from funds provided 

or administered by a government entity. 

4. The representative submits to SSA 

a written statement waiving the right to 

charge and collect a fee and expenses 

from the claimant or beneficiary. 

We are publishing a final rule, 

Authorization of Representative Fees, in 

today’s Federal Register that 

incorporates this policy as revised at 20 

mstockstill on DSKH9S0YB1PROD with NOTICES

48622 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

CFR 404.1720(e) and 416.1520(e). 

Accordingly, we are rescinding SSR 85– 

3 as obsolete. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; and 96.006, 

Supplemental Security Income) 

Dated: July 30, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

[FR Doc. E9–22843 Filed 9–22–09; 8:45 am] 

BILLING CODE 4191–02–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Public Comments on 

Annual Review of Country Eligibility 

for Benefits Under the African Growth 

and Opportunity Act 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and Request for 

Comments. 

SUMMARY: The African Growth and 

Opportunity Act Implementation 

Subcommittee of the Trade Policy Staff 

Committee (the ‘‘Subcommittee’’) is 

requesting written public comments for 

the annual review of the eligibility of 

sub-Saharan African countries to receive 

the benefits of the African Growth and 

Opportunity Act (AGOA). The 

Subcommittee will consider these 

comments in developing 

recommendations on AGOA country 

eligibility for the President. Comments 

received related to the child labor 

criteria may also be considered by the 

Secretary of Labor for the preparation of 

the Department of Labor’s report on 

child labor as required under section 

412(c) of the Trade and Development 

Act of 2000. This notice identifies the 

eligibility criteria that must be 

considered under the AGOA, and lists 

those sub-Saharan African countries 

that are currently eligible for the 

benefits of the AGOA, and those that are 

currently ineligible for such benefits. 

DATES: Public comments are due at the 

Office of the U.S. Trade Representative 

(USTR) by noon, Monday, October 19, 

2009. 

ADDRESSES: USTR strongly prefers 

electronic submissions made at http:// 

www.regulations.gov, docket number 

USTR–2009–0034. See ‘‘Requirements 

for Submission,’’ below. If you are 

unable to make a submission at 

www.regulations.gov, please contact 

Gloria Blue, Executive Secretary, Trade 

Policy Staff Committee, at (202) 395– 

6143 to make other arrangements. 

FOR FURTHER INFORMATION CONTACT: For 

procedural questions, please contact 

Gloria Blue, Office of the U.S. Trade 

Representative, 600 17th Street, NW., 

Room F516, Washington, DC, 20508, at 

(202) 395–3475. All other questions 

should be directed to Constance 

Hamilton, Deputy Assistant U.S. Trade 

Representative for Africa, Office of the 

U.S. Trade Representative, at (202) 395– 

9514. 

SUPPLEMENTARY INFORMATION: The 

AGOA (Title I of the Trade and 

Development Act of 2000, Public Law 

106–200) (19 U.S.C. 3721 et seq.), as 

amended, authorizes the President to 

designate sub-Saharan African countries 

as beneficiary sub-Saharan African 

countries eligible for duty-free treatment 

for certain additional products under 

the Generalized System of Preferences 

(GSP) (Title V of the Trade Act of 1974 

(19 U.S.C. 2461 et seq.) (the ‘‘1974 

Act’’)), as well as for the preferential 

treatment the AGOA provides for 

certain textile and apparel articles. 

The President may designate a 

country as a beneficiary sub-Saharan 

African country eligible for both the 

additional GSP benefits and the textile 

and apparel benefits of the AGOA for 

countries meeting certain statutory 

requirements intended to prevent 

unlawful transshipment of such articles, 

if he determines that the country meets 

the eligibility criteria set forth in: (1) 

Section 104 of the AGOA; and (2) 

section 502 of the 1974 Act. For 2009, 

40 countries have been designated as 

beneficiary sub-Saharan African 

countries. These countries, as well as 

the 8 countries currently ineligible, are 

listed below. Section 506A of the 1974 

Act provides that the President shall 

monitor and review annually the 

progress of each sub-Saharan African 

country in meeting the foregoing 

eligibility criteria in order to determine 

whether each beneficiary sub-Saharan 

African country should continue to be 

eligible, and whether each sub-Saharan 

African country that is currently not a 

beneficiary sub-Saharan African 

country, should be designated as such a 

country. Section 506A of the 1974 Act 

requires that, if the President 

determines that a beneficiary subSaharan African country is not making 

continual progress in meeting the 

eligibility requirements, he must 

terminate the designation of the country 

as a beneficiary sub-Saharan African 

country. 

The Subcommittee is seeking public 

comments in connection with the 

annual review of the eligibility of 

beneficiary sub-Saharan African 

countries for the AGOA’s benefits. The 

Subcommittee will consider any such 

comments in developing 

recommendations on country eligibility 

for the President. Comments related to 

the child labor criteria may also be 

considered by the Secretary of Labor in 

making the findings required under 

section 504 of the 1974 Act. 

The following sub-Saharan African 

countries were designated as beneficiary 

sub-Saharan African countries in 2009: 

Angola 

Republic of Benin 

Republic of Botswana 

Burkina Faso 

Burundi 

Republic of Cape Verde 

Republic of Cameroon 

Republic of Chad 

Federal Islamic Republic of Comoros 

Republic of Congo 

Democratic Republic of Congo 

Republic of Djibouti 

Ethiopia 

Gabonese Republic 

The Gambia 

Republic of Ghana 

Republic of Guinea 

Republic of Guinea-Bissau 

Republic of Kenya 

Kingdom of Lesotho 

Republic of Liberia 

Republic of Madagascar 

Republic of Malawi 

Republic of Mali 

Republic of Mauritius 

Republic of Mozambique 

Republic of Namibia 

Republic of Niger 

Federal Republic of Nigeria 

Republic of Rwanda 

Sao Tome & Principe 

Republic of Senegal 

Republic of Seychelles 

Republic of Sierra Leone 

Republic of South Africa 

Kingdom of Swaziland 

United Republic of Tanzania 

Republic of Togo 

Republic of Uganda 

Republic of Zambia 

The following sub-Saharan African 

countries were not designated as 

beneficiary sub-Saharan African 

countries in 2009: 

Central African Republic 

Republic of Cote d’Ivoire 

Republic of Equatorial Guinea 

State of Eritrea 

Islamic Republic of Mauritania 

Somalia 

Republic of Sudan 

Republic of Zimbabwe 

Requirements for Submissions: 

Comments must be submitted in 

English. To ensure the most timely and 

mstockstill on DSKH9S0YB1PROD with NOTICES