15010 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices 

1 17 CFR 242.608. 

2See letter from Michael J. Simon, General 

Counsel, ISE, to Nancy M. Morris, Secretary, 

Commission, dated September 12, 2007 (‘‘ISE Letter 

1’’); and letter from Peter G. Armstrong, Managing 

Director, Options, NYSE Arca, to Nancy M. Morris, 

Secretary, Commission, dated September 14, 2007 

(‘‘NYSE Arca Letter 1’’). The proposed Options 

Order Protection and Locked/Crossed Market Plan, 

as amended, is defined herein as the ‘‘Proposed 

Plan.’’ 

3See letter from Michael J. Simon, General 

Counsel, ISE, to Nancy M. Morris, Secretary, 

Commission, dated December 10, 2007; and letter 

from Peter G. Armstrong, Managing Director, 

Options, NYSE Arca, to Nancy M. Morris, Secretary, 

Commission, dated December 10, 2007. 

4Amendment No. 2 superseded Amendment No. 

1 and replaced it in its entirety. See letter from 

Michael J. Simon, General Counsel, ISE, to Nancy 

M. Morris, Secretary, Commission, dated April 16, 

2008; and letter from Peter G. Armstrong, Managing 

Director, Options, NYSE Arca, to Nancy M. Morris, 

Secretary, Commission, dated April 16, 2008. 

5See letter from Michael J. Simon, General 

Counsel, ISE, to Florence Harmon, Acting Secretary, 

Commission, dated November 7, 2008 (‘‘ISE Letter 

2’’); and letter from Peter G. Armstrong, Managing 

Director, Options, NYSE Arca, to Florence Harmon, 

Acting Secretary, Commission, dated October 30, 

2008 (‘‘NYSE Arca Letter 2’’). 

6 In their respective filings of the Proposed Plan, 

Amex, BSE, CBOE, Nasdaq, and Phlx incorporated 

the changes made by ISE and NYSE Arca in 

Amendment No. 2. See letters from Jeffrey P. Burns, 

Vice President and Associate General Counsel, 

Amex, to Nancy M. Morris, Secretary, Commission, 

dated June 17, 2008 (‘‘Amex Letter 1’’); Bruce 

Goodhue, Chief Regulatory Officer, BSE, to Florence 

Harmon, Acting Secretary, Commission, dated July 

8, 2008 (‘‘BSE Letter 1’’); Edward J. Joyce, President 

and Chief Operating Officer, CBOE, to Nancy M. 

Morris, Secretary, Commission, dated April 29, 

2008 (‘‘CBOE Letter 1’’); Jeffrey S. Davis, Vice 

President and Deputy General Counsel, The 

NASDAQ OMX Group, Inc., to Nancy M. Morris, 

Secretary, Commission, dated May 7, 2008 

(‘‘Nasdaq Letter 1’’); and Richard S. Rudolph, Vice 

President and Counsel, Phlx, to Nancy M. Morris, 

Secretary, Commission, dated June 17, 2008 (‘‘Phlx 

Letter 1’’). 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: March 27, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7355 Filed 4–1–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Regulation FD; OMB Control No. 3235– 

0536; SEC File No. 270–475. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for an extension of the 

previously approved collection of 

information discussed below. 

Regulation FD (17 CFR 243.100 et 

seq.)—Other Disclosure Materials 

requires public disclosure of material 

information from issuers of publicly 

traded securities so that investors have 

current information upon which to base 

investment decisions. The purpose of 

the regulation is to require that: (1) 

When an issuer intentionally discloses 

material information, it does so through 

public disclosure, not selective 

disclosure; and (2) whenever an issuer 

learns that it has made a non-intentional 

material selective disclosure, the issuer 

makes prompt public disclosure of that 

information. Regulation FD was adopted 

due to a concern that the practice of 

selective disclosure leads to a loss of 

investor confidence in the integrity of 

our capital markets. All information is 

provided to the public for review. The 

information required is filed on 

occasion and is mandatory. We estimate 

that approximately 13,000 issuers make 

Regulation FD disclosures 

approximately five times a year for a 

total of 58,000 submissions annually, 

not including an estimated 7,000 issuers 

who file Form 8–K (17 CFR 249.308) to 

comply with Regulation FD. We 

estimate that it takes approximately 5 

hours per response (58,000 responses × 

5 hours) for an estimated total burden of 

290,000 hours annually. In addition, we 

estimate that 25% of the 5 hours (1.25 

hours) is prepared by the filer for an 

estimated annual reporting burden of 

72,500 hours (1.25 hours per response × 

58,000 responses). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Written comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington DC 20503 or send an e-mail 

to Shagufta_Ahmed@omb.eop.gov; and 

(ii) Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: March 27, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7356 Filed 4–1–09; 8:45 am] 

BILLING CODE 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59647; File No. 4–546] 

Joint Industry Plan; Chicago Board 

Options Exchange, Incorporated, 

International Securities Exchange, 

LLC, The NASDAQ Stock Market LLC, 

NASDAQ OMX BX, Inc., NASDAQ OMX 

PHLX, Inc., NYSE Amex LLC, and 

NYSE Arca, Inc.; Notice of Filing of 

Proposed Options Order Protection 

and Locked/Crossed Market Plan 

March 30, 2009. 

I. Introduction 

On September 13, 2007, and 

September 18, 2007, pursuant to Rule 

608 of Regulation NMS under the 

Securities Exchange Act of 1934 (‘‘Act’’) 

(‘‘Rule 608’’),1 the International 

Securities Exchange, LLC (‘‘ISE’’) and 

NYSE Arca, Inc. (‘‘NYSE Arca’’), 

respectively, filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed Options 

Order Protection and Locked/Crossed 

Market Plan.2 On December 11, 2007, 

ISE and NYSE Arca separately filed 

Amendment No. 1 to the Proposed 

Plan.3 On April 24, 2008, and April 17, 

2008, ISE and NYSE Arca, respectively, 

filed Amendment No. 2 to the Proposed 

Plan.4 On November 10, 2008 and 

October 31, 2008, ISE and NYSE Arca, 

respectively, filed Amendment No. 3 to 

the Proposed Plan.5 On April 30, 2008, 

May 8, 2008, June 18, 2008, June 18, 

2008, and July 9, 2008, respectively, 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’), The NASDAQ 

Stock Market LLC (‘‘Nasdaq’’), 

American Stock Exchange LLC 

(‘‘Amex’’) (f/k/a NYSE Alternext US 

LLC, ‘‘NYSE Alternext,’’ n/k/a NYSE 

Amex LLC, ‘‘NYSE Amex’’), 

Philadelphia Stock Exchange, 

Incorporated (n/k/a NASDAQ OMX 

PHLX, Inc., ‘‘Phlx’’), and Boston Stock 

Exchange, Inc. (‘‘BSE’’) (n/k/a NASDAQ 

OMX BX, Inc., ‘‘BX’’ and together with 

ISE, NYSE Arca, CBOE, Nasdaq, NYSE 

Amex, and Phlx, the ‘‘Proposing 

Exchanges’’) filed with the Commission 

the Proposed Plan.6 On November 25, 

2008, November 26, 2008, December 2, 

2008, December 4, 2008, and December 

5, 2008, CBOE, NYSE Alternext, BSE, 

mstockstill on PROD1PC66 with NOTICES