Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51641 

13 15 U.S.C. 78s(b)(3)(A)(iii). 

14 17 CFR 240.19b–4(f)(6). 

15 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. 

16 17 CFR 240.19b–4(f)(6). 

17 17 CFR 240.19b–4(f)(6)(iii). 

18For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

19 17 CFR 200.30–3(a)(12). 

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

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. The Exchange believes 

that the instant filing is consistent with 

these principles because the NMM Pilot 

provides its market participants with a 

trading venue that utilizes an enhanced 

market structure to encourage the 

addition of liquidity, facilitate the 

trading of larger orders more efficiently 

and operates to reward aggressive 

liquidity providers. Moreover, the 

instant filing requesting an extension of 

the NMM Pilot will permit adequate 

time for: (i) The Exchange to prepare 

and submit a filing to make the rules 

governing the NMM Pilot permanent 

rules; (ii) public notice and comment; 

and (iii) completion of the 19b–4 

approval process. 

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 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act13 and Rule 

19b–4(f)(6) thereunder.14 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 and Rule 19b–4(f)(6)(iii) 

thereunder.15

A proposed rule change filed under 

Rule 19b–4(f)(6) 16 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),17 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 Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. The 

Commission notes that because the pilot 

program will expire on October 1, 2009, 

waiver of the operative delay is 

necessary so that no interruption of the 

pilot program will occur. In addition, 

the Commission notes that the Exchange 

has requested extensions of the pilot to 

allow the Exchange time to formally 

request permanent approval for the 

pilot. Therefore, the Commission 

designates the proposal operative upon 

filing.18

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–2009–65 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–2009–65. 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 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–2009–65 and should be 

submitted on or before October 28, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24084 Filed 10–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60752; File No. SR–NYSE– 

2009–101] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Extending the 

Pilot Period To Receive Inbound 

Routes of Orders From Archipelago 

Securities LLC 

September 30, 2009. 

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

Securities Exchange Act of 1934 (the 


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51642 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 34– 

55590 (April 5, 2007), 72 FR 18707 (April 13, 2007) 

(notice of immediate effectiveness of SR–NYSE– 

2007–29); see also, Securities and Exchange Act 

Release No. 34–58680 (September 29, 2008), 73 FR 

58283 (October 6, 2008) (order approving SR– 

NYSE–2008–76). 

4See Securities Exchange Act Release No. 34– 

53238 (July 28, 2006), 71 FR 44758 (August 7, 2006) 

(order approving SR–NYSEArca–2006–13); see also, 

Securities Exchange Act Release No. 52497 

(September 22, 2005), 70 FR 56949 (September 29, 

2005) (SR–PCX–2005–90); see also, Securities 

Exchange Act Release No. 44983 (October 25, 2001), 

66 FR 55225 (November 1, 2001) (SR–PCX–00–25); 

see also, Securities Exchange Act Release No. 58681 

(September 29, 2008), 73 FR 58285 (October 6, 

2008) (order approving NYSEArca–2008–90). See 

Securities Exchange Act Release No. 59009 

(November 24, 2008), 73 FR 73363 (December 2, 

2008) (order approving SR–NYSEALTR–2008–07); 

see also, Securities and Exchange Act Release No. 

34–59473 (February 27, 2009), 74 FR 9853 (March 

6, 2009) (order approving SR–NYSEALTR–2009– 

18). 

5See Securities and Exchange Act Release No. 

34–58680 (September 29, 2008), 73 FR 58283 

(October 6, 2008) (order approving SR–NYSE– 

2008–76); see Securities Exchange Act Release No. 

59011 (November 24, 2008), 73 FR 73360 

(December 2, 2008) (order approving SR–NYSE– 

2008–122); see also Securities and Exchange Act 

Release No. 60255 (July 7, 2009), 74 FR 34065 (July 

14, 2009) (order approving SR–NYSE–2009–58). 

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

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10 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. 

11 Id. 

12See SR–NYSE–2009–101, Item 7. 

‘‘Act’’) and Rule 19b–4 thereunder,2

notice is hereby given that, on 

September 30, 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 

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 

pilot period of the Exchange’s prior 

approvals to receive inbound routes of 

certain equities orders from Archipelago 

Securities LLC (‘‘Arca Securities’’), an 

NYSE affiliated member. 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Currently, Arca Securities is the 

approved outbound order routing 

facility of the Exchange.3 Arca 

Securities is also the approved 

outbound order routing facility of NYSE 

Arca and NYSE Amex LLC (‘‘NYSE 

Amex’’).4 The Exchange has also been 

previously approved to receive inbound 

routes of equities orders by Arca 

Securities in its capacity as an order 

routing facility of NYSE Arca and NYSE 

Amex.5 The Exchange’s authority to 

receive inbound routes of equities 

orders by Arca Securities was subject to 

a pilot period ending September 29, 

2009. The Exchange hereby seeks to 

extend the previously approved pilot 

period (with the attendant obligations 

and conditions) for an additional 3 

months, through December 31, 2009. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’), in general, and furthers the 

objectives of Section 6(b)(5) 7 in 

particular in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system. 

Specifically, the proposed rule change 

will allow the Exchange to continue 

receiving inbound routes of equities 

orders from Arca Securities acting in its 

capacity as a facility of the NYSE Arca 

and NYSE Amex, in a manner 

consistent with prior approvals and 

established protections. The Exchange 

believes that extending the previously 

approved pilot period for three months 

is of sufficient length to permit both the 

Exchange and the Commission to assess 

the impact of the Exchange’s authority 

to receive direct inbound routes of 

equities orders via Arca Securities 

(including the attendant obligations and 

conditions). 

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 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 8 and Rule 19b– 

4(f)(6) thereunder.9

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.10 However, Rule 19b– 

4(f)(6)(iii) 11 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 notes that the 

proposal will allow the Exchange to 

continue receiving inbound routes of 

equities orders from Arca Securities, in 

a manner consistent with prior 

approvals and established protections, 

while also permitting the Exchange and 

the Commission to assess the impact of 

the pilot.12 The Commission believes 

that waiving the 30-day operative delay 

is consistent with the protection of 

investors and the public interest 

because such waiver would allow the 

pilot period to be extended without 

interruption through December 31, 

2009. For this reason, the Commission 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51643 

13For 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). 14 17 CFR 200.30–3(a)(12). 

designates the proposed rule change to 

be operative upon filing with the 

Commission.13

At any time within 60 days of the 

filing of such 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–NYSE–2009–101 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–2009–101. 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 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–NYSE– 

2009–101 and should be submitted on 

or before October 28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24081 Filed 10–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2009–0310; Notice No. 

09–05] 

Advisory Guidance; Transportation of 

Batteries and Battery-Powered Devices 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Safety advisory. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA) and the Federal Aviation 

Administration (FAA) are alerting 

shippers and carriers to the importance 

of transporting lithium batteries safely. 

PHMSA and FAA are concerned that 

many persons who ship lithium 

batteries do not recognize the hazards 

posed by these batteries during 

transportation. We are issuing this 

advisory guidance to (1) Inform persons 

of recent aviation incidents involving 

fires aboard both passenger and cargo 

aircraft and the potential hazards that 

shipments of lithium batteries may 

present while in transportation, (2) 

provide information concerning the 

current requirements for the 

transportation of lithium batteries and 

(3) inform persons of the actions we 

have taken to date and plan to take in 

the future to address the hazards of 

these batteries. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Lithium batteries are considered 

hazardous materials in transportation 

because they present both chemical 

(e.g., flammable electrolytes) and 

electrical hazards. If not safely packaged 

and handled when transported, lithium 

batteries can become dangerous. 

Defective batteries or batteries that are 

misused, mishandled, improperly 

packaged, improperly stored, 

improperly manufactured, or 

overcharged can overheat and ignite 

and, once ignited, fires can be especially 

difficult to extinguish. Overheating has 

the potential to create a thermal 

runaway, a chain reaction leading to 

self-heating and release of the battery’s 

stored energy. Fires in aircraft can result 

in catastrophic events presenting unique 

challenges not encountered in other 

transport modes. 

II. Recent Transportation Incidents 

Since 1991, we have identified over 

40 air transport-related incidents 

involving lithium batteries and devices 

powered by lithium batteries. A list of 

these incidents can be found on the 

FAA Web site at: http://www.faa.gov/ 

about/office_org/headquarters_offices/ 

ash/ash_programs/hazmat/ 

aircarrier_info/media/ 

Battery_incident_chart.pdf. These 

incidents occurred aboard passenger 

aircraft and cargo aircraft, prior to 

loading batteries aboard an aircraft, and 

after batteries were transported by air. 

Many of the incidents were directly 

related to a lack of awareness of the 

required safety measures applicable to 

shipments of lithium batteries or 

because passengers failed to follow 

preventative measures to protect 

batteries from short circuit or damage. 

• On September 9, 2009 a passenger 

flight declared an emergency after a 

passenger attempted to hand the flight 

attendant a carrier-provided personal 

electronic device (PED). The PED was 

dropped and upon impact with the 

cabin floor the battery pack sparked and 

began smoking. Two flight attendants 

extinguished the fire with water. 

• On August 25, 2009 DOT received 

information related to a smoking and 

burning package that was discovered at 

a Medford, Massachusetts sorting 

facility. Upon inspection, the 

consignment was discovered to contain 

30 individual batteries grouped together 

in six or seven battery packs. The 

package contained lithium batteries that 

were shipped as general cargo. There 

were no markings or labels on the outer 

package indicating the material was a 

hazardous material. 

• On August 15, 2009 a package 

containing lithium ion batteries was 

found smoldering, and emitting smoke 

in a unit load device (ULD) in an aircraft 

loading facility in Taipei, Taiwan. The 

ULD had been carried from the Island of 

Macau. Personnel in the Taiwan facility 

responded quickly to extinguish the 


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