Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 9325 

15For purposes only of waiving the 30-day 

operative delay of the proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition and capital formation. 15 

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

16 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. 

4The Commission notes that while provided in 

Exhibit 5 to the filing, the text of the proposed rule 

change is not attached to this notice but is available 

at the Exchange, the Commission’s Public Reference 

Room, and at http://www.nyse.com. 

5For transactions executed on the Exchange’s 

electronic trading platform, NYSE Arca will report 

the trade directly to OPRA. 

protection of investors and the public 

interest, because it will enable the 

Exchange to implement pending 

technological enhancements that require 

the rescission of these settlement 

instructions. The Exchange expects 

these enhancements to make its order 

processing operations more efficient and 

thereby strengthen and advance the 

quality of the Exchange’s market. 

Accordingly, the Commission 

designates the proposed rule change to 

be operative on March 13, 2009.15

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–NYSE–2009–17 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–2009–17. 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 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–NYSE–2009–17 and should 

be submitted on or before March 24, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4427 Filed 3–2–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59440; File No. SR– 

NYSEArca–2009–11] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

NYSE Arca, Inc. Amending Rule 6.69— 

Reporting Duties 

February 24, 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 February 

13, 2009, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III 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 amend 

Exchange Rule 6.69—Reporting Duties. 

The text of the proposed rule change is 

attached as Exhibit 5.4 A copy of this 

filing is available on the Exchange’s 

Web site at http:www.nyse.com, at the 

Exchange’s principal office 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 

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 

The purpose of the proposed rule 

change is to revise the procedures for 

reporting open outcry trades that occur 

on the options trading floor. 

All option transactions that occur on 

the options trading floor must be 

immediately reported to the Exchange, 

in a form and manner prescribed by the 

Exchange, for dissemination to the 

Options Price Reporting Authority 

(‘‘OPRA’’).5 This requirement applies to 

all OTP Holders who are required to 

report trades either directly to OPRA or 

to another party who is responsible for 

reporting trades to OPRA. 

All option transactions have two 

parties to a trade, a buyer and a seller. 

Pursuant to Rule 6.69(b), the responsible 

party for reporting a transaction is the 

party that participates on the transaction 

as the seller. The Exchange now 

proposes to revise this rule so that 

whenever a Floor Broker is participating 

on one side of a transaction, they 

become the responsible party for 

reporting the trade, regardless of 

whether they are the buyer or seller. The 

Exchange is proposing this change in 

order to provide a more efficient 

mechanism for reporting transactions. 

All orders on the Exchange are 

required to be in an electronic format 

prior to representation on the trading 

mstockstill on PROD1PC66 with NOTICES

9326 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 

6The EOC system is the Exchange’s electronic 

audit trail and order tracking system that provides 

an accurate time-sequenced record of all orders and 

transactions on the Exchange. 

7Certain order types, such as FLEX Orders and 

Cabinet Orders are exempt from the EOC electronic 

order format requirements. 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

floor. Typically, an order is sent via a 

wire or phone line to a Floor Broker’s 

booth located on the trading floor, and 

a representative of the brokerage firm 

will enter the terms of the order into the 

Electronic Order Capture System 

(‘‘EOC’’).6 It is at this time that the Floor 

Broker is able to represent the order in 

the trading crowd. This procedure 

applies regardless of whether the Floor 

Broker is the buyer or seller on the 

trade. Upon execution of the order, the 

Broker is able to complete the requisite 

trade information, including the contra 

side of the trade, and electronically 

report the transaction to the Exchange 

for processing and dissemination to 

OPRA. In most cases, the contra-side to 

a trade that has been represented by a 

Floor Broker will be an NYSE Arca 

Market Maker. Market Makers trade for 

their own proprietary accounts, are not 

required to electronically systemize 

their orders prior to responding to a call 

from a Floor Broker. Once a trade is 

consummated, in order for a Market 

Maker acting as a seller, to report the 

transaction, he has to re-enter all the 

order information that the Floor Broker 

already has in their EOC system and 

then send the information to the 

Exchange for processing. In the event 

there are multiple Market Makers acting 

as seller and comprising the contra-side 

to a transaction, each Market Maker 

would have to re-enter all the trade 

information individually. The Exchange 

believes that requiring a Market Maker 

to report a transaction, when trading 

with a Floor Broker, is a practice that 

may serve to delay the reporting of 

transactions that occur on the options 

floor. 

The Exchange does not feel that 

requiring a Floor Broker to report every 

transaction that they are a party to will 

create any undue hardship or 

unnecessary burden of the Floor Broker. 

In the vast majority of situations, the 

Floor Broker already possesses the order 

information in an electronic format,7 it 

is actually more efficient for the Floor 

Broker to send the trade information 

directly to the Exchange after executing 

the order, than it is to re-enter the same 

information and have the Market Maker 

report the trade. 

In the event that there is a Floor 

Broker participating on both sides of a 

transaction, the Floor Broker 

participating as the seller must report 

the transaction to the Exchange. For 

transactions occurring on the Exchange 

between two Market Makers, the Market 

Maker participating as the seller must 

report the transaction to the Exchange. 

These reporting obligations are 

consistent with the terms of Rule 6.69, 

as it reads presently. 

In order to offer further clarity to the 

rules regarding reporting duties, the 

Exchange proposes a new provision 

regarding Complex Orders. A Complex 

Order is any order involving the 

simultaneous purchase and/or sale of 

two or more different option series in 

the same underlying security, for the 

same account. Since each party to the 

transaction could be both buying and 

selling different series that make up 

order, there may be no clearly defined 

seller. The Exchange now proposes that 

for Complex Order transactions between 

two Floor Brokers or two Market 

Makers, the party responsible for 

reporting the transaction shall be the 

OTP Holder that first initiated the 

transaction. This provision does not 

affect the obligation that a Floor Broker 

has to report transactions pursuant to 

proposed Rule 6.69(b)(i), but will have 

bearing when a Complex Order is 

executed between two Floor Brokers or 

between two Market Makers. 

The Exchange also proposes to 

eliminate Rule 6.69 Commentary .04 

which relates to an obsolete and outdate 

practice. ‘‘Hard cards’’, which refer to 

the cardboard backing of a paper trade 

ticket, are no longer in use on the 

trading floor. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act 8 in general, and 

furthers the objectives of Section 6(b)(5) 

of the Act 9 in particular, because 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. The Exchange believes that the 

proposed rule change can lead to faster 

and more efficient reporting of 

transactions that occur on the options 

trading floor. 

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 

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 self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve the 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–NYSEArca–2009–11 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–NYSEArca–2009–11. 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 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 9327 

10 17 CFR 200.30–3(a)(12). 

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– 

NYSEArca–2009–11 and should be 

submitted on or before March 24, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4378 Filed 3–2–09; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11643 and #11644] 

Kentucky Disaster Number KY–00019 

AGENCY: 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 Commonwealth of Kentucky 

(FEMA–1818–DR), dated 02/05/2009. 

Incident: Severe Winter Storm and 

Flooding. 

Incident Period: 01/26/2009 through 

02/13/2009. 

Effective Date: 02/13/2009. 

Physical Loan Application Deadline 

Date: 04/06/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 11/05/2009. 

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 Commonwealth of 

Kentucky, dated 02/05/2009, is hereby 

amended to establish the incident 

period for this disaster as beginning 

01/26/2009 and continuing through 

02/13/2009. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–4440 Filed 3–2–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Availability of Finding of No 

Significant Impact/Record of Decision 

(FONSI/ROD), Written Reevaluation 

With Respect to New Information 

Concerning Section 4(f) Mitigation 

Measures, and Supplemental 

Department of Transportation Act 

Section 4(f) Determination for the 

Runway 6–24 Extension Project, Erie 

International Airport, Erie, PA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) is issuing this 

notice to advise the public that it is 

making available a FONSI/ROD, a 

Written Reevaluation of New 

Information Concerning Section 4(f) 

Mitigation Measures, and a 

Supplemental Section 4(f) 

Determination, effective February 4, 

2009, for the proposed extension of 

Runway 6–24 at Erie International 

Airport (ERI), Tom Ridge Field, Erie, 

Pennsylvania. 

SUPPLEMENTARY INFORMATION: The FAA 

has completed and issued its Finding of 

No Significant Impact/Record of 

Decision (FONSI/ROD) for the 

Reevaluation of the Environmental 

Assessment (EA) for the Proposed 

Extension of Runway 6–24 at Erie 

International Airport, Tom Ridge Field, 

Erie, Pennsylvania dated October 2005 

and the Erie International Airport, Tom 

Ridge Field, Section 4(f) Report dated 

July 2005. The Written Reevaluation 

was required as a result of new 

information concerning the Section 4(f) 

mitigation measures for the project 

impacts to the Millcreek Golf Course 

and Learning Center in Millcreek 

Township. The purpose of the FONSI/ 

ROD and Written Reevaluation was to 

evaluate potential environmental 

impacts resulting from the proposed 

changes in the Section 4(f) mitigation 

measures for the Millcreek Golf Course 

and Learning Center. 

Copies of the FONSI/ROD and related 

documents are available for review by 

appointment only at the following 

locations. 

Please call to make arrangements for 

viewing: 

Federal Aviation Administration 

Harrisburg Airports District Office, 

3905 Hartzdale Drive, Suite 508, 

Camp Hill, PA 17011, (717) 730–2830 

and 

Erie Regional Airport Authority, 4411 

W. 12th Street, Erie, PA 16505–3091, 

(814) 833–4258. 

FOR FURTHER INFORMATION CONTACT: 

Edward S. Gabsewics, CEP, 

Environmental Protection Specialist, 

Federal Aviation Administration, 

Harrisburg Airports District Office, 3905 

Hartzdale Drive, Suite 508, Camp Hill, 

PA 17011, Telephone 717–730–2832. 

Issued in Camp Hill, Pennsylvania, 

February 4, 2009. 

Lori K. Pagnanelli, 

Manager, Harrisburg Airports District Office. 

[FR Doc. E9–4366 Filed 3–2–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Opportunity for Public 

Comment on Surplus Property Release 

at Gulfport Biloxi International Airport, 

Gulfport, MS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of intent to rule on land 

release request. 

SUMMARY: Under the provisions of Title 

49, U.S.C. 47153(c), notice is being 

given that the FAA is considering a 

request from the Gulfport Biloxi 

Regional Airport Authority (GBRAA) to 

waive the requirement that a 0.84-acre 

parcel of surplus property, located at the 

Gulfport Biloxi International Airport, be 

used for aeronautical purposes. 

DATES: Comments must be received on 

or before April 2, 2009. 

ADDRESSES: Comments on this notice 

may be mailed or delivered in triplicate 

to the FAA at the following address: 

Jackson Airports District Office, 100 

West Cross Street, Suite B, Jackson, MS 

39208–2307. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Mr. Bruce 

mstockstill on PROD1PC66 with NOTICES