Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14179 

24 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5See Securities Exchange Act Release No. 34– 

56017 (July 5, 2007), 72 FR 38110 (July 12, 2007), 

SR–NYSE–2007–21. 

6See NASD Rule 2111 and IM–2110–2. 

7See Securities Exchange Act Release No. 56968 

(Dec. 14, 2007), 72 FR 72432 (Dec. 20, 2007), SR– 

NYSE–2007–114. 

8See Securities Exchange Act Release No. 57682 

(April 17, 2008), 73 FR 22193 (April 24, 2008), SR– 

NYSE–2008–29. 

9NYSE Amex LLC has filed a companion rule 

filing to conform its Equities Rules to the changes 

proposed in this filing. See SR–NYSEALTR–2009– 

29, formally submitted March 13, 2009). 

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 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– 

NYSEALTR–2009–29 and should be 

submitted on or before April 20, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.24

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6961 Filed 3–27–09; 8:45 am] 

BILLING CODE 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59621; File No. SR–NYSE– 

2009–30] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Extending the 

Operative Date of NYSE Rule 92(c)(3) 

From March 31, 2009 to July 31, 2009 

March 23, 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 March 13, 

2009, the New York Stock Exchange 

LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. The 

Exchange filed the proposed rule change 

pursuant to Section 19(b)(3)(A) of the 

Act 3 and Rule 19b–4(f)(6) thereunder,4

which renders the proposed rule change 

effective upon filing with the 

Commission. 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 

operative date of NYSE Rule 92(c)(3) 

from March 31, 2009 to July 31, 2009. 

The text of the proposed rule change is 

available at NYSE, 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 

Exchange included statements 

concerning the purpose of, and basis for, 

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 extend 

the delayed operative date of NYSE Rule 

92(c)(3) from March 31, 2009 to July 31, 

2009. The Exchange believes that this 

extension will provide the time 

necessary for the Exchange and the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) to harmonize 

their respective rules concerning 

customer order protection to achieve a 

standardized industry practice. 

Background 

On July 5, 2007, the Commission 

approved amendments to NYSE Rule 92 

to permit riskless principal trading at 

the Exchange.5 These amendments were 

filed in part to begin the harmonization 

process between Rule 92 and FINRA’s 

Manning Rule.6 In connection with 

those amendments, the Exchange 

implemented for an operative date of 

January 16, 2008, NYSE Rule 92(c)(3), 

which permits Exchange member 

organizations to submit riskless 

principal orders to the Exchange, but 

requires them to submit to a designated 

Exchange database a report of the 

execution of the facilitated order. That 

rule also requires members to submit to 

that same database sufficient 

information to provide an electronic 

link of the execution of the facilitated 

order to all of the underlying orders. 

For purposes of NYSE Rule 92(c)(3), 

the Exchange informed member 

organizations that when executing 

riskless principal transactions, firms 

must submit order execution reports to 

the Exchange’s Front End Systemic 

Capture (‘‘FESC’’) database linking the 

execution of the riskless principal order 

on the Exchange to the specific 

underlying orders. The information 

provided must be sufficient for both 

member firms and the Exchange to 

reconstruct in a time-sequenced manner 

all orders, including allocations to the 

underlying orders, with respect to 

which a member organization is 

claiming the riskless principal 

exception. 

Because the rule change required both 

the Exchange and member organizations 

to make certain changes to their trading 

and order management systems, the 

NYSE filed for immediate effectiveness 

to delay to May 14, 2008 the operative 

date of the NYSE Rule 92(c)(3) 

requirements, including submitting endof-day allocation reports for riskless 

principal transactions and using the 

riskless principal account type 

indicator.7 The Exchange filed for an 

additional extension of the operative 

date of Rule 92(c)(3) to March 31, 2009.8

Request for Extension 9

FINRA and the Exchange have been 

working diligently on fully harmonizing 

their respective rules, including 

reviewing the possibilities for a uniform 

reporting standard for riskless principal 

transactions. However, because of the 

complexity of the existing customer 

order protection rules, including the 

need for input from industry 

participants as well as Commission 

approval, the Exchange and FINRA will 

not have harmonized their respective 

customer order protection rules by 

March 31, 2009. 

The Exchange notes that it has 

reached agreement with FINRA on a 

harmonized approach to customer order 

protection rules. As authorized by their 

respective Boards, FINRA and NYSE 

Regulation, Inc. have each published a 


sroberts on PROD1PC70 with NOTICES
14180 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 

10See NYSE Regulation Information Memo 09–13 

(March 12, 2009); FINRA Regulatory Notice 09–15 

(March 12, 2009). 

11The Exchange notes that it would also need to 

make technological changes to implement the 

proposed FESC reporting solution for Rule 92(c)(3). 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CFR 240.19b–4(f)(6). 

16 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. 

17 Id. 

18For 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). 

Notice to Members/Information Memo 

that solicits comments from their 

respective member participants on the 

proposed harmonized approach to 

customer order protection.10 Because 

industry participants need to code their 

trading systems to comply with 

customer order protection rules, the 

Exchange believes that industry input is 

vital to ensuring that the approach to 

customer order protection both meets 

regulatory needs of protecting customer 

orders, but is also feasible 

technologically. 

The Exchange continues to believe 

that pending full harmonization of the 

respective customer order protection 

rules, it would be premature to require 

firms to meet the current Rule 92(c)(3) 

FESC reporting requirements.11 Indeed, 

having differing reporting standards for 

riskless principal orders would appear 

to defeat the overall goal of the 

harmonization process. 

Accordingly, to provide the Exchange 

and FINRA the time necessary to review 

their respective rules and develop a 

harmonized rule set that would apply 

across their respective marketplaces, the 

Exchange is proposing to delay the 

operative date for NYSE Rule 92(c)(3) 

from March 31, 2009 to July 31, 2009. 

Pending the harmonization of the two 

rules, the Exchange will continue to 

require that, as of the date each member 

organization implements riskless 

principal routing, the member 

organization have in place systems and 

controls that allow them to easily match 

and tie riskless principal execution on 

the Exchange to the underlying orders 

and that they be able to provide this 

information to the Exchange upon 

request. To make clear that this 

requirement continues, the Exchange 

proposes to add supplementary material 

to Rule 92 that explains that the Rule 

92(c)(3) reporting requirements are 

suspended until July 31, 2009 and that 

member organizations are required to 

have in place such systems and controls 

relating to their riskless principal 

executions on the Exchange. Moreover, 

the Exchange will coordinate with 

FINRA to examine for compliance with 

the rule requirements. 

2. Statutory Basis 

The Exchange believes that its 

proposed rule change is consistent with 

Section 6(b) of the Act,12 in general, and 

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

of the Act,13 in particular, insofar as it 

is designed to prevent fraudulent and 

manipulative acts and practices, 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. The 

Exchange believes the proposed 

extension provides the Exchange and 

FINRA the time necessary to develop a 

harmonized rule concerning customer 

order protection that will enable 

member organizations to participate in 

the national market system without 

unnecessary impediments. 

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 proposed rule change: (i) 

Does not significantly affect the 

protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) 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, the proposed rule change has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 14 and Rule 19b– 

4(f)(6) thereunder.15

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.16 However, Rule 19b– 

4(f)(6)(iii) 17 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 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 

Exchange to extend the operative date of 

NYSE Rule 92(c)(3) without 

interruption. For this reason, the 

Commission designates the proposed 

rule change to be operative upon filing 

with the Commission.18

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: 

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–2009–30 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–2009–30. 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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14181 

19 17 CFR 200.30–3(a)(12). 

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 am and 3 pm. 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– 

2009–30 and should be submitted on or 

before April 20, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6962 Filed 3–27–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF STATE 

[Public Notice 6561] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Wine, 

Worship and Sacrifice: The Golden 

Graves of Ancient Vani’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Wine, 

Worship and Sacrifice: The Golden 

Graves of Ancient Vani,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owner or custodian. The objects 

were originally exhibited in the United 

States in 2007 and 2008, went on to an 

international tour, and are now 

returning. I also determine that the 

exhibition or display of the exhibit 

objects at the Getty Villa, Los Angeles, 

CA, from on or about July 16, 2009, 

until on or about October 5, 2009, and 

at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/453–8048). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001. 

Dated: March 20, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–7038 Filed 3–27–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6550] 

Advisory Committee on International 

Economic Policy; Notice of Open 

Meeting 

The Advisory Committee on 

International Economic Policy (ACIEP) 

will meet from 2 p.m. to 4 p.m. on 

Tuesday, April 21, 2009, at the U.S. 

Department of State, 2201 C Street NW., 

Room 1107, Washington, DC. The 

meeting will be hosted by the Acting 

Assistant Secretary of State for 

Economic, Energy, and Business Affairs 

David Nelson and Committee Chair Ted 

Kassinger. The ACIEP serves the U.S. 

Government in a solely advisory 

capacity, and provides advice 

concerning issues and challenges in 

international economic policy. The 

meeting will focus on a discussion 

about the global economic crisis—the 

impact of the recession on doing 

business abroad and ways to recover. 

Subcommittee reports and discussions 

will be led by the Economic 

Empowerment in Strategic Regions 

Subcommittee and the Economic 

Sanctions Subcommittee. 

This meeting is open to public 

participation, though seating is limited. 

Entry to the building is controlled; to 

obtain pre-clearance for entry, members 

of the public planning to attend should 

provide, by Friday, April 17, their name, 

professional affiliation, valid 

government-issued ID number (i.e., U.S. 

Government ID [agency], U.S. military 

ID [branch], passport [country], or 

drivers license [state]), date of birth, and 

citizenship to Sherry Booth by fax (202) 

647–5936, e-mail (BoothSL@state.gov), 

or telephone (202) 647–0847. One of the 

following forms of valid photo 

identification will be required for 

admission to the State Department 

building: U.S. driver’s license, U. S. 

Government identification card, or any 

valid passport. Enter the Department of 

State from the C Street lobby. In view of 

escorting requirements, nonGovernment attendees should plan to 

arrive 15 minutes before the meeting 

begins. 

For additional information, contact 

Senior Coordinator Nancy SmithNissley, Office of Economic Policy 

Analysis and Public Diplomacy, Bureau 

of Economic, Energy and Business 

Affairs, at (202) 647–1682 or SmithNissleyN@state.gov. 

Dated: March 23, 2009. 

Sandra E. Clark, 

Office Director, Office of Economic Policy 

Analysis and Public Diplomacy, Department 

of State. 

[FR Doc. E9–7037 Filed 3–27–09; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

RTCA Program Management 

Committee 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Program 

Management Committee meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of the 

RTCA Program Management Committee. 

DATES: The meeting will be held April 

14, 2009 starting at 9 a.m. 

ADDRESSES: The meeting will be held at 

RTCA, Inc., 1828 L Street, NW., Suite 

805, Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 850, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a NextGen Mid-Term 

Implementation Task Force meeting. 

The agenda will include: 

• Opening Plenary (Welcome and 

Introductions). 

• Review/Approve Summary of 

December 16, 2008 PMC Meeting, RTCA 

Paper No. 028–09/PMC–700. 

• Publication Consideration/ 

Approval. 


sroberts on PROD1PC70 with NOTICES