Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48617 

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

2 17 CFR 240.19b–4. 

3See Rules of the Nasdaq Options Market (‘‘NOM 

Rules’’) Chapter III, Section 8 and Chapter XIV, 

Section 8. 

4See Securities Exchange Act Release No. 58179 

(July 17, 2008), 73 FR 42874 (July 23, 2008) (SR– 

Phlx–2008–31). See also Securities Exchange Act 

Release No. 58183 (July 17, 2008), 73 FR 26182 

(May 8, 2008) (SR–NASDAQ–2008–035). 

5The proposal is similar in nature to previous 

proposals that, among other things, sought to more 

closely align the rules of the two exchanges Phlx 

and NOM. See, e.g., Securities Exchange Act 

Release Nos. 59764 (April 20, 2009), 74 FR 18761 

(April 24, 2009) (SR–Phlx–2009–17) (approval order 

regarding proposal to modify the process for 

nominating Phlx Governors); 59924 (May 14, 2009), 

74 FR 23759 (May 20, 2009) (SR–Phlx–2009–23) 

(approval order regarding proposal to eliminate 

various standing committees and making other 

miscellaneous changes); 60431 (August 4, 2009), 74 

FR 40265 (August 11, 2009) (SR–Phlx–2009– 

59)(notice of filing relating to by-laws, Regulatory 

Oversight Committee, and referee program); and 

59923 (May 14, 2009), 74 FR 23902 (May 21, 2009) 

(SR–NASDAQ–2009–046) (notice of filing and 

immediate effectiveness relating to criteria for 

securities that underlie options traded on NOM). 

6See Commentary .06 to Rule 1001. 

7See Commentary .07 to Rule 1001. 

8See Commentary .08 to Rule 1001. 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting. 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission Investor Advisory 

Committee will hold an Open Meeting 

on Monday, October 5, 2009, in the 

Multipurpose Room, L–006. The 

meeting will begin at 9 a.m. and will be 

open to the public, with seating on a 

first-come, first-served basis. Doors will 

open at 8:30 a.m. Visitors will be subject 

to security checks. 

On September 15, 2009, the 

Commission issued notice of the 

Committee meeting (Release No. 33– 

9064), indicating that the meeting is 

open to the public and inviting the 

public to submit written comments to 

the Committee. This Sunshine Act 

notice is being issued because a majority 

of the Commission may attend the 

meeting. The agenda for the meeting 

includes: (i) A presentation by SEC staff 

of potential Commission initiatives; (ii) 

description of the composition and 

purpose of the Committee’s 

subcommittees; (iii) consideration of a 

Committee recusal policy; (iv) reports 

from the Committee’s subcommittees; 

and (v) discussion of next steps for the 

Committee, including regarding SEC 

resources. 

For further information, please 

contact the Office of the Secretary at 

(202) 551–5400. 

Dated: September 21, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–23016 Filed 9–21–09; 4:15 pm] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

Agency Meeting 

Federal Register Citation of 

Previous Announcement: 74 FR 47300, 

September 15, 2009. 

Status: Open Meeting. 

Place: 100 F. Street, NE., Washington, 

DC. 

Date and Time of Previously 

Announced Meeting: September 17, 

2009. 

Change in the Meeting: Room Change. 

The Open Meeting scheduled for 

Thursday, September 17, 2009 at 2:30 

p.m. will be held in the Auditorium, 

Room L–002. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact: The Office 

of the Secretary at (202) 551–5400. 

Dated: September 17, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22830 Filed 9–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60673; File No. SR–Phlx– 

2009–79] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX, Inc. Relating to Position 

Limit Exemptions 

September 15, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on 

September 8, 2009, NASDAQ OMX 

PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

the proposed rule change as described 

in Items I and II, below, which Items 

have been prepared by the Exchange. 

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 

Phlx Rules 1001 (Position Limits) and 

1001A (Positions Limits) to enable 

Exchange members to rely on position 

limit exemptions granted by other 

options exchanges. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, 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 aspects 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 amend Phlx Rules 1001 and 

1001A to enable Exchange members to 

rely on position limit exemptions 

granted by other options exchanges 

under specified circumstances. 

This proposed rule change is based on 

two rules of The NASDAQ Stock Market 

LLC (‘‘Nasdaq’’).3 The rule change is 

being proposed, subsequent to the 

merger of The NASDAQ OMX Group, 

Inc. (‘‘NASDAQ OMX’’) and the 

Philadelphia Stock Exchange, Inc. (now 

NASDAQ OMX PHLX, Inc.),4 to more 

closely align the position limit rules of 

the Exchange and Nasdaq.5

Phlx position limits and procedures 

associated therewith for equity options, 

exchange traded fund share (‘‘ETF’’) 

options, currency options, and stock 

index warrants are located in Rule 1001. 

This rule deals with, in addition to 

numerical position limit values for the 

noted products, the concept of control 

for position limit purposes,6 hedge 

exemptions,7 firm facilitation 

exemptions,8 and delta-based equity 

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