51626 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

09/29/2009, applications for disaster 

loans may be filed at the address listed 

above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: The Territory of American 

Samoa. 

The Interest Rates are: 

For Physical Damage: 

Percent 

Homeowners With Credit Available Elsewhere; ........................ 5.500 

Homeowners Without Credit 

Available Elsewhere; ................. 2.750 

Businesses With Credit Available 

Elsewhere; ................................ 6.000 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere; ................................ 4.500 

Businesses And Non-Profit Organizations Without Credit Available Elsewhere; ........................ 4.000 

For Economic Injury: 

Percent 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere; ................. 4.000 

The number assigned to this disaster 

for physical damage is 118932 and for 

economic injury is 118940. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–24175 Filed 10–6–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11888 and #11889] 

Georgia Disaster Number GA–00028 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Georgia (FEMA–1858–DR), 

dated 09/26/2009. 

Incident: Severe storms and flooding. 

Incident Period: 09/18/2009 and 

continuing. 

Effective Date: 09/28/2009. 

Physical Loan Application Deadline 

Date: 11/25/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/28/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of Georgia, 

dated 09/26/2009, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: 

Cherokee, Crawford, Dekalb, Fulton, 

Newton. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–24178 Filed 10–6–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

SpongeTech Delivery Systems, Inc.; 

Order of Suspension of Trading 

October 5, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of SpongeTech 

Delivery Systems, Inc. (‘‘SpongeTech’’) 

because questions have arisen regarding 

the accuracy of assertions in press 

releases to investors and in periodic 

reports filed with the Commission 

concerning, among other things: (1) The 

amount of sales and customer orders 

received by the company; (2) the 

company’s investment agreements; and 

(3) the company’s revenues as reported 

in its financial statements. In addition, 

SpongeTech has not filed any periodic 

reports with the Commission since the 

period ended February 28, 2009. 

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 October 5, 2009 through 11:59 

p.m. EDT, on October 16, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–24257 Filed 10–5–09; 4:15 pm] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60746; File No. SR–CBOE– 

2009–070] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of 

Proposed Rule Change Related to 

Preferred Market Makers 

September 30, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on 

September 28, 2009, the Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the CBOE. 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 CBOE is proposing to amend its 

Preferred Market-Maker program to 

allow for the preferencing of complex 

orders entered into the complex order 

book (‘‘COB’’) and the complex order 

RFR auction (‘‘COA’’). In addition, 

CBOE is proposing to make a 

clarification regarding the existing 

operation of the Preferred Market-Maker 

program for simple orders. The text of 

the proposed rule change is available on 

the Exchange’s Web site at (http:// 

www.cboe.org/Legal), at the Office of the 

Secretary, CBOE, and at the 

Commission’s Public Reference Room. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51627 

3 In this regard, CBOE’s proposal prohibits an 

order flow provider from notifying a Preferred 

Market-Maker regarding its intention to submit a 

preferenced complex order so that such Preferred 

Market-Maker could change its quotation to match 

the NBBO immediately prior to submission of the 

preferenced order, and then fade its quote. CBOE 

states that Rule 4.18, Prevention of the Misuse of 

Material, Nonpublic Information, prohibits this sort 

of misuse of material, non-public information. 

Further, CBOE represents that it will conduct 

surveillance for, and enforce against, such 

violations. 

4The Exchange notes that, if a Market-Maker is 

also eligible for an allocation pursuant to the 

operation of the applicable algorithm in effect for 

a class (for example, an allocation based on pricetime or a pro rata percentage), the Market-Maker 

would be entitled to receive an allocation (not to 

exceed the size of the Market-Maker’s quote) of the 

greater of the amount the Market-Maker would be 

entitled to pursuant to the participation entitlement 

or the amount it would otherwise receive pursuant 

to the operation of the algorithm in accordance with 

Rule 6.45A or 6.45B, as applicable. 

5The Exchange notes that, to the extent a 

complex order trades with the equivalent derived 

net priced orders and quotes in the individual 

series of the EBook, there may also be a 

participation entitlement applied to those 

individual series legs in accordance with Rule 

6.45A or 6.45B, as applicable. For example, if a 

complex order executes against the individual 

series legs, then the remainder executes against 

COB resting orders or COA responses, a Preferred 

Market-Maker entitlement may apply both on the 

individual series legs execution and on the COB or 

COA execution. Also, if a complex order 

automatically exercises against the individual series 

legs upon receipt or at the conclusion of a COA, a 

Preferred Market-Maker entitlement may apply to 

the individual series legs. Similarly, if a resting 

complex order becomes marketable against the 

individual series legs, a Preferred Market-Maker 

entitlement may apply to the individual series legs. 

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 Exchange is proposing to adopt a 

Preferred Market-Maker program for 

complex orders that is modeled after its 

existing Preferred Market-Maker 

program for simple orders, Rule 8.13. 

Under the proposal, the Exchange may 

allow, on a class-by-class basis, for the 

receipt of Preferred Market-Maker 

complex orders through the COB and/or 

COA systems, and a qualifying recipient 

of a Preferred Market-Maker complex 

order shall be afforded a participation 

entitlement. 

Under the proposal, any Exchange 

Market-Maker type could be designated 

as a Preferred Market-Maker (e.g., Lead 

Market-Maker, Designated Primary 

Market-Maker, Market-Makers), 

however, the Hybrid System is 

programmed so that a recipient of a 

Preferred Market-Maker complex order 

would only receive a participation 

entitlement for such complex order if 

the following provisions are met: First, 

whether the participation entitlement is 

applied to COB and/or COA, the 

Preferred Market-Maker has an 

appointment/allocation in the relevant 

option class. Second, with respect to 

classes where there is a participation 

entitlement for COB, the Preferred 

Market-Maker is quoting in COB at the 

best net priced bid/offer when the order 

is received. With respect to classes 

where there is a participation 

entitlement for COA, (i) at the beginning 

of the auction, the Preferred MarketMaker is quoting at either (a) the best 

bid/offer on the Exchange in at least one 

of the component series of the complex 

order or (b) the best net priced bid/offer 

in COB for the complex order; and (ii) 

at the conclusion of the auction, the 

Preferred Market-Maker is quoting at the 

best net priced bid/offer in COA.3

Provided the eligibility requirements 

have been met, the Preferred MarketMaker participation entitlement would 

be 40% when there are two or more 

Market-Makers also quoting at the best 

net priced bid/offer execution price 

(which is the price at the time a 

complex order is received in the case of 

a COB participation entitlement or the 

price at the conclusion of the auction in 

the case of a COA participation 

entitlement), and 50% when there is 

only one other Market-Maker quoting at 

the best net priced bid/offer execution 

price.4 In addition, the following would 

apply: First, the Preferred Market-Maker 

would not be allocated a total quantity 

greater than the quantity that the 

Preferred Market-Maker is quoting at the 

best net priced bid/offer execution 

price. Second, the entitlement would be 

based on the number of contracts 

remaining after the incoming complex 

order has traded against equivalent 

derived net priced orders and quotes in 

the individual series of the EBook and 

equivalent net priced public customer 

complex orders resting in COB that have 

priority over the Preferred Maker-Maker 

in accordance with Rule 6.53C, 

Complex Orders on the Hybrid System. 

Third, if a Preferred Market-Maker 

receives a participation entitlement for 

its complex order resting in COB or its 

response to COA, then no other 

participation entitlements for complex 

orders set forth in Exchange Rules (e.g., 

Rule 8.87, Participation Entitlement of 

DPMs and e-DPMs, and Rule 8.15B, 

Participation Entitlement of LMMs) shall 

apply to complex orders resting in COB 

or entered in response to COA.5

Lastly, the proposed rule text notes 

that a Preferred Market-Maker must 

comply with the quoting obligations 

applicable to its Market-Maker type 

under Exchange rules and must provide 

continuous electronic quotes (as defined 

in Rule 1.1(ccc)) in at least 90% of the 

series of each class for which it receives 

Preferred Market-Maker orders in 

accordance with the requirements for 

the preferencing of simple orders (the 

‘‘90% quoting obligation’’). 

In this regard, the Exchange is 

proposing to revise the existing text of 

Rule 8.13 regarding the current 

operation of its preferencing program for 

simple orders to more specifically 

reflect the way the Hybrid System 

operates. Substantively, the 

requirements of the rule are not 

changing. The existing rule text 

indicates that a recipient of a Preferred 

Market-Maker order will only receive a 

participation entitlement for such order 

if the following provisions are met: (i) 

The Preferred Market-Maker must have 

an appointment/allocation in the 

relevant option class; (ii) the Preferred 

Market-Maker must be quoting at the 

best bid/offer on the Exchange; and (iii) 

the Preferred Market-Maker must 

comply with the quoting obligations 

applicable to its Market-Maker type 

under Exchange rules and must provide 

continuous electronic quotes (as defined 

in Rule 1.1(ccc)) in at least 90% of the 

series of each class for which it receives 

Preferred Market-Maker orders. The 

Exchange is amending the text to clarify 

that the Hybrid System is programmed 

so that the recipient of a Preferred 

Market-Maker order will only receive a 

participation entitlement for such order 

if provisions (i) and (ii) above are met. 

Separately, a Preferred Market-Maker 

must also comply with the quoting 

obligations applicable to its MarketMaker type under Exchange rules and 

the 90% quoting obligation. The 90% 

quoting obligation, as with the various 

other Market-Making quoting 

obligations, are subject to Exchange 

market performance, surveillance, and/ 

or disciplinary programs to assess and 

enforce compliance. 


erowe on DSK5CLS3C1PROD with NOTICES
51628 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

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

7 15 U.S.C. 78f(b)(5). 8 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act 6

in general and furthers the objectives of 

Section 6(b)(5) of the Act 7 in particular 

in that it should promote just and 

equitable principles of trade, serve to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and 

protect investors and the public interest. 

The proposed rule change will help 

generate greater complex order flow for 

the Exchange and provide additional 

incentives for Market-Makers to trade 

with that order flow, which in turn adds 

depth and liquidity to CBOE’s markets. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 

burden on competition 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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve such proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–CBOE–2009–070 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–CBOE–2009–070. 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 the CBOE. 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–CBOE–2009–070 and 

should be submitted on or before 

October 28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24078 Filed 10–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60756; File No. SR–NYSE– 

2009–100] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Extending the 

Operation of Its New Market Model 

Pilot and Supplemental Liquidity 

Providers Pilot, Until the Earlier of 

Securities and Exchange Commission 

Approval to Make Such Pilots 

Permanent or November 30, 2009 

October 1, 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 

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 

operation of its New Market Model Pilot 

and Supplemental Liquidity Providers 

Pilot, until the earlier of Securities and 

Exchange Commission approval to make 

such pilots permanent or November 30, 

2009. 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. 


erowe on DSK5CLS3C1PROD with NOTICES