Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12431 

20 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. 

4See Securities Exchange Act Release No. 57323 

(February 13, 2008), 73 FR 9371 (February 20, 2008) 

(SR–NYSE–2008–09). 

5See Securities Exchange Act Release No. 57826 

(May 15, 2008), 73 FR 29802 (May 22, 2008) (SR– 

NASDAQ–2007–001). 

6See Securities Exchange Act Release No. 58328 

(August 8, 2008), 73 FR 47247 (August 13, 2008) 

(SR–NYSE–2008–63). 

7See Securities Exchange Act Release No. 58732 

(October 3, 2008), 73 FR 61183 (October 15, 2008) 

(SR–NYSE–2008–99). 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NSX–2009–01. 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 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 publicly available. All 

submissions should refer to File 

Number SR–NSX–2009–01 and should 

be submitted on or before April 14, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6352 Filed 3–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59581; File No. SR–NYSE– 

2009–26] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Extending Until 

June 9, 2009, the Operation of Interim 

NYSE Rule 128 Which Permits the 

Exchange To Cancel or Adjust Clearly 

Erroneous Executions if They Arise 

Out of the Use or Operation of Any 

Quotation, Execution or 

Communication System Owned or 

Operated by the Exchange, Including 

Those Executions That Occur in the 

Event of a System Disruption or 

System Malfunction 

March 16, 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 March 9, 

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 

until June 9, 2009, the operation of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’) which permits the Exchange 

to cancel or adjust clearly erroneous 

executions if they arise out of the use or 

operation of any quotation, execution or 

communication system owned or 

operated by the Exchange, including 

those executions that occur in the event 

of a system disruption or system 

malfunction. 

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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to extend 

until June 9, 2009, the operation of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’) which permits the Exchange 

to cancel or adjust clearly erroneous 

executions if they arise out of the use or 

operation of any quotation, execution or 

communication system owned or 

operated by the Exchange, including 

those executions that occur in the event 

of a system disruption or system 

malfunction. 

Prior to the implementation of NYSE 

Rule 128 on January 28, 2008,4 the 

NYSE did not have a rule providing the 

Exchange with the authority to cancel or 

adjust clearly erroneous trades of 

securities executed on or through the 

systems and facilities of the NYSE. 

In order for the NYSE to be consistent 

with other national securities exchanges 

which have some version of a clearly 

erroneous execution rule, the Exchange 

is drafting an amended clearly 

erroneous rule which will accommodate 

such other exchanges but will be 

appropriate for the NYSE market model. 

The NYSE notes that the Commission 

approved an amended clearly erroneous 

execution rule for Nasdaq in May 2008.5

On July 28, 2008, the Exchange filed 

with the SEC a request to extend the 

operation of interim Rule 128 until 

October 1, 2008 6 in order to review the 

provisions of Nasdaq’s clearly erroneous 

rule and to consider integrating similar 

standards into its own amendment to 

Rule 128. On October 1, 2008,7 the 

Exchange filed with the SEC a further 

request to extend the operation of 

interim Rule 128 until January 9, 2009 

in order to consider integrating similar 

standards into the amendment to Rule 

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12432 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

8See Securities Exchange Act Release No. 59255 

(January 15, 2009), 74 FR 4496 (January 26, 2009) 

(SR–NYSE–2009–02). 

9 15 U.S.C. 78f(a). [sic] 

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b–4(f)(6). 

13 17 CFR 240.19b–4(f)(6)(iii). 

14 In fact, the Commission notes, under Rule 19b– 

4(f)(6)(iii), the ‘‘consistent with the protection of 

investors and public interest’’ standard applies only 

to the Commission’s waiver of the 30-day operative 

delay. Rule 19b–4(f)(6)(iii) requires a self-regulatory 

organization to give 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. 

15For 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). 

128. On January 9, 2009,8 the Exchange 

filed with the SEC a request to extend 

the operation of interim Rule 128 until 

March 9, 2009, indicating that the 

Exchange was still in the process of 

reviewing the Nasdaq rule with a view 

towards incorporating certain 

provisions into the amendment of 

interim Rule 128. 

On February 10, 2009, NYSE Arca 

submitted a proposal to the Commission 

to amend its clearly erroneous rule. The 

NYSE Arca proposed rule differs in 

certain respects from the Nasdaq clearly 

erroneous rule. Accordingly, the 

Exchange is presently in the process of 

finalizing its review of NYSE Arca’s 

proposed amended CEE [sic] rule, 

which includes market wide CEE [sic] 

initiatives, to determine if it is 

appropriate to incorporate such 

provisions into the Rule 128 

amendment. The Exchange is, therefore, 

requesting to extend the operation of 

interim Rule 128 until June 9, 2009. 

Prior to June 9, 2009, the Exchange 

intends to file a 19b–4 rule change 

amending interim Rule 128, which, if 

approved by the SEC, will be effective 

after June 9, 2009. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Act’’) 9 for 

this proposed rule change is the 

requirement under Section 6(b)(5)10 that 

an Exchange have rules that are 

designed to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. 

As articulated more fully above, the 

proposed rule would place the NYSE on 

equal footing with other national 

securities exchanges. This will promote 

the integrity of the market and protect 

the public interest, since it would 

permit all exchanges to cancel or adjust 

clearly erroneous trades when such 

trades occur, rather than canceling them 

on all other markets, but leaving them 

standing on only one market. 

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 foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A) 11 of the Act and Rule 19b– 

4(f)(6) 12 thereunder. The proposed rule 

change effects a change that (A) does not 

significantly affect the protection of 

investors or the public interest; (B) does 

not impose any significant burden on 

competition; and (C) by its terms, does 

not become operative for 30 days after 

the date of the filing, or such shorter 

time as the Commission may designate 

if consistent with the protection of 

investors and the public interest; 

provided that the self-regulatory 

organization has given 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 believes that good 

cause, consistent with the provisions of 

Rule 19b–4(f)(6), exists to justify making 

the rule change immediately effective. 

Because the proposed rule is based on 

a rule that has been previously 

approved by the Commission, and 

because the proposed rule would in any 

event be operative only until a more 

robust and market-appropriate rule was 

implemented, the NYSE believes that 

the proposed rule is non-controversial. 

Moreover, the NYSE believes that the 

absence of such a rule in an automated 

and fast-paced trading environment 

poses a danger to the integrity of the 

markets and the public interest, and that 

this exigency justifies filing the rule for 

immediate effectiveness rather than 

using the regular Rule 19b–2 process, 

which would require the Exchange to 

continue without the protection of the 

proposed rule until the expiration of the 

prescribed time periods for notice, 

comment and approval. In contrast, 

immediate effectiveness of the proposed 

rule will immediately and timely enable 

the NYSE to cancel or adjust clearly 

erroneous trades that may present a risk 

to the integrity of the equities markets 

and all related markets. The proposed 

rule will also allow the Exchange to 

protect customers and the public 

interest, and to continue to provide 

economically efficient execution of 

securities transactions. 

The NYSE also requests that the 

Commission waive the five-day period 

for notice of intent to file this proposed 

rule change, and the 30-day period 

before the rule becomes operative, both 

of which are prescribed by Rule 19b– 

4(f)(6), but which may be waived 

pursuant to Rule 19b–4(f)(6)(iii) 13 if 

such action is consistent with the 

protection of investors and public 

interest.14 The Exchange believes that 

waiver of these time periods so that the 

rule may be immediately operative are 

consistent with the protection of 

investors and the public interest for the 

reasons described above. 

The Commission believes that 

waiving the 30-day operative delay will 

allow the Exchange to continue to 

immediately and timely cancel or adjust 

trades that it determines to be clearly 

erroneous under Rule 128. The 

Commission believes that the extension 

of NYSE Rule 128 until June 9, 2009 

will allow the Exchange to continue to 

apply the rule without interruption and 

is consistent with the protection of 

investors and the public interest. The 

Commission hereby designates the 

proposal as operative upon filing.15 The 

Commission has determined to waive 

the five-day prefiling period in this case. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the 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: 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12433 

16 17 CFR 200.30–3(a)(12). 

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–2009–26 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–2009–26. 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 NYSE. 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–2009–26 and should 

be submitted on or before April 14, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6397 Filed 3–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 03/03–0247] 

Solutions Capital I, L.P.; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that Solutions 

Capital I, L.P., 1100 Wilson Blvd., Suite 

3000, Arlington, VA 22209, a Federal 

Licensee under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under Section 312 of the 

Act and Section 107.730, Financings 

which Constitute Conflicts of Interest, of 

the Small Business Administration 

(‘‘SBA’’) Rules and Regulations (13 CFR 

107.730). Solutions Capital I, L.P., 

proposes to provide equity/debt security 

financing to Total Sleep Holdings, Inc., 

1425 Greenway Drive, Suite 300, Irving, 

TX 75038. The financing is 

contemplated for the pay down of an 

existing senior lender and for working 

capital. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because MCG Capital 

Corporation, an Associate of Solutions 

Capital I, L.P., owns more than ten 

percent of Total Sleep Holdings, Inc.; 

therefore Total Sleep Holdings, Inc. is 

considered an Associate of Solutions 

Capital I, L.P., as defined in Sec. 105.50 

of the regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Dated: March 15, 2009. 

Harry E. Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–6379 Filed 3–23–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11677 and #11678] 

Oregon Disaster Number OR–00029 

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 Oregon (FEMA–1824–DR), 

dated 03/02/2009. 

Incident: Severe winter storm, record 

and near record snow, landslides, and 

mudslides. 

Incident Period: 12/20/2008 through 

12/26/2008. 

Effective Date: 03/13/2009. 

Physical Loan Application Deadline 

Date: 05/01/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/02/2009. 

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 State of Oregon, 

dated 03/02/2009, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: Washington. 

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. E9–6390 Filed 3–23–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6556] 

60-Day Notice of Proposed Information 

Collection: DS–4096, Reconstruction 

and Stabilization; Civilian Response 

Corps Database In-Processing Form, 

OMB Control Number 1405–0168 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Civilian Response Corps Database InProcessing Form. 

• OMB Control Number: 1405–0168. 

• Type of Request: Revised 

Collection. 

mstockstill on PROD1PC66 with NOTICES