18600 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59721 

(April 7, 2009), 74 FR 17245 (April 14, 2009). 

4 15 U.S.C. 78s(b)(1). 

5 17 CFR 240.19b–4. 

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– 

NYSEAmex–2009–12 and should be 

submitted on or before May 14, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–9240 Filed 4–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59779; File No. SR–Phlx– 

2009–32] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing of Amendment No. 1 to 

Proposed Rule Change Relating to the 

Exchange’s Enhanced Electronic 

Trading Platform for Options, Phlx XL 

II 

April 16, 2009. 

On April 3, 2009, NASDAQ OMX 

PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to implement several 

enhancements to its electronic options 

trading system, Phlx XL. The proposed 

rule change was published for comment 

in the Federal Register on April 14, 

2009.3 Pursuant to Section 19(b)(1) of 

the Act,4 and Rule 19b–4 thereunder,5

notice is hereby given that on April 15, 

2009, Phlx filed with the Commission 

Amendment No. 1 to the proposed rule 

change as described in Item I below. 

The Commission is publishing this 

notice of Amendment No. 1 to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

Amendment No. 1 to the Proposed Rule 

Change 

The Exchange is filing Amendment 

No. 1 to clarify and correct discrete 

portions of File No. SR–Phlx–2009–32, 

which proposes to implement several 

enhancements to its electronic options 

trading system, Phlx XL, with the 

enhanced system to be named Phlx XL 

II. The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

Changes to the ‘‘Purpose’’ Section of the 

Previously Submitted Form 19b–4 

References to ‘‘page numbers’’ mean 

the page numbers in the previously 

submitted Form 19b–4 for SR–Phlx– 

2009–32. In addition to the proposed 

changes below, the Exchange proposes 

conforming changes to the previously 

submitted Exhibit 1 to SR–Phlx–2009– 

32. 

1. Delete from footnote 3 the Federal 

Register citation to ‘‘44612’’ and replace 

it with ‘‘46612.’’ 

2. Add a closing parenthesis to 

footnote 6 after the phrase, ‘‘the 

‘‘Linkage Plan,’’.’’ 

3. Delete the following phrase from 

the third sentence of the first full 

paragraph on page 12: 

‘‘a number of contracts with a size 

equal to the size of the interest at other 

markets at prices better than interest on 

the Exchange,’’ 

Replace the deleted phrase with the 

following: 

‘‘all marketable contracts on the 

Exchange to such better priced away 

markets,’’ 

4. Delete the following phrase from 

the first sentence of the first full 

paragraph on page 15: 

‘‘conduct a Provisional Opening’’ 

Replace the deleted phrase with the 

following: 

‘‘open as many contracts as possible’’ 

5. Delete the final sentence of the first 

full paragraph on page 15 which states: 

‘‘The Exchange opening price will 

always be equal to or better than the 

OQR.’’ 

6. Delete the following sentence from 

footnote 39: 

‘‘The duration of the brief period will 

be published in an Options Trader 

Alert, which will be available on the 

Exchange’s web site.’’ 

This is consistent with footnote 65. 

The brief period is not on a timer. 

7. Add the following at the end of 

footnote 44 on page 20: 

‘‘All references to a ‘‘Quote Exhaust 

Timer’’ in the Phlx XL II system and in 

the proposed rules mean a system pause 

for a brief period. Phlx XL II 

participants will not receive any 

notification that a Quote Exhaust Timer 

has been initiated.’’ 

8. In the seventh line of the second 

paragraph on page 24, delete ‘‘B’’ in 

parentheses and replace it with ‘‘E’’ in 

parentheses and delete the ‘‘C’’ in 

parentheses and replace it with ‘‘F’’ in 

parentheses. 

9. Delete the following sentences from 

Page 30 under Example II ‘‘After the 

Quote Exhaust Timer’’: 

‘‘The initiating order buys 20 

contracts from Market Maker 1 at 2.70 

and the Phlx XL II system will 

contemporaneously route the 

unexecuted balance of the initiating 

order to the away market, 10 to buy at 

2.70. This should result in a buy of 10 

contracts at 2.65 on the away market. 

The disseminated PBBO is 2.20 bid, 

2.70 offer, with a size of 20x5’’ 

Replace the deleted sentences with 

the following: 

‘‘The initiating order has 30 

unexecuted contracts to buy. The Phlx 

XL II system will route 10 contracts to 

buy at 2.65 to the ABBO market, which 

is the best available price and size. The 

remaining balance is posted in the 

PBBO at the ABBO price. 

The disseminated PBBO is 2.65 bid, 

2.70 offer, with a size of 20x25.’’ 

10. Delete the following phrase from 

the second sentence of the last 

paragraph on page 34 (and continuing to 

page 35): 

‘‘a number of contracts that will 

satisfy interest at’’ 

Replace the deleted phrase with the 

following: 

‘‘all marketable contracts on the 

Exchange to’’ 

11. Delete the following phrase from 

the second sentence of the first full 

paragraph on page 35: 

‘‘a number of contracts that will 

satisfy interest at other markets at prices 

better than’’ 

Replace the deleted phrase with the 

following: 

‘‘any remaining contracts to away 

markets at’’ 

12. Delete the word ‘‘or’’ from the 

third line of the first full paragraph on 

page 38, and replace it with the phrase 

‘‘if the Exchange Auction Price is no 

more than’’ 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 18601 

13. Add the letter ‘‘i’’ to the second 

line of the third full paragraph on page 

41 immediately before the last letter of 

the line, to spell the word ‘‘is.’’ 

14. Add the word ‘‘be’’ at the end of 

the third line from the bottom of page 

45, after the word ‘‘not’’ and before the 

word ‘‘eligible.’’ 

15. Add the following at the 

beginning of the second full paragraph 

on page 45: 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

16. Add the following at the 

beginning of the second full paragraph 

on page 46: 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

17. Add the following at the 

beginning of the second full paragraph 

on page 48: 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

18. Add the following at the 

beginning of the second full paragraph 

on page 49: 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

19. Add the following at the 

beginning of the second full paragraph 

on page 50: 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

20. In the last line on page 54, delete 

the lower case ‘‘m’’ and add a capital 

‘‘M’’ to form the word ‘‘Management.’’ 

Changes to Previously Submitted 

Proposed Rule Text 

1. Delete currently proposed Rule 

1017(l)(ii)(E) and replace it with: 

‘‘A different opening price will not 

require the Phlx XL II system to repeat 

the entire opening process.‘‘ 

2. Amend the first sentence of 

proposed Rule 1017(l)(iii)(B) to state: 

‘‘If there is sufficient size on the 

Exchange and on away markets on the 

opposite side of the market from the 

imbalance to execute all opening 

marketable interest at a price that is at 

or within the established OQR and the 

Away Best Bid or Offer (‘‘ABBO’’) 

without leaving an imbalance, the Phlx 

XL II system will open the affected 

series for trading at that price by 

executing opening marketable interest 

on the Phlx XL II system, as long as the 

system does not trade through the 

ABBO.’’ 

3. Amend proposed Rule 

1017(l)(iv)(B) to state: 

‘‘If opening quotes, Opening Sweeps 

and orders submitted during the 

Imbalance Timer, or other changes to 

the ABBO, would allow the entire 

imbalance amount to trade at the 

Exchange at or within the OQR without 

trading through the ABBO, the 

Imbalance Timer will end and the Phlx 

XL II system will execute at the 

appropriate opening price.’’ 

4. Delete from proposed Rule 

1017(l)(iv)(C)(3) the phrase: 

‘‘a number of contracts with a size 

equal to the size of the interest at other 

markets at prices better than interest on 

the Exchange,’’ 

Replace that deleted phrase with the 

following: 

‘‘all marketable contracts on the 

Exchange to such better priced away 

markets,’’ 

5. Delete the first two sentences from 

Rule 1017(l)(iv)(C)(7) and replace with 

the following: 

‘‘If after that number of times, the 

Phlx XL II system still cannot route and/ 

or trade the entire imbalance amount, 

the Phlx XL II system will open as many 

contracts as possible by routing to other 

markets at prices better than the 

Exchange opening price for their 

disseminated size, trading available 

contracts on the Exchange at the 

Exchange opening price, and routing 

contracts to other markets at prices 

equal to the Phlx opening price at their 

disseminated size.’’ 

6. Make a marking correction to 

Proposed Rule 1080(c)(iv)(E) by 

underlining the new capital ‘‘R’’ in the 

proposed rule text. 

7. Delete from the first line of 

proposed Rule 1080(h), the capital ‘‘A’’ 

and replace it with a lower case ‘‘a.’’ 

8. Make a marking correction to the 

first three lines of Proposed Rule 

1080(m) by underlining the following 

proposed rule text: 

‘‘only customer FIND and SRCH 

Orders (as defined below) with no other 

contingencies. IOC Orders will be 

cancelled immediately if not executed, 

and will not be routed.’’ 

9. Add the word ‘‘be’’ to the last 

sentence of the third paragraph of 

proposed Rule 1080(m)(iv)(B) between 

the words ‘‘not’’ and ‘‘eligible.’’ 

10. Add the following to the 

beginning of the fifth paragraph of 

proposed Rule 1080(m)(iv)(B): 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

11. Add the following to the 

beginning of the seventh paragraph of 

proposed Rule 1080(m)(iv)(B): 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

12. Add the word ‘‘be’’ to the last 

sentence of the seventh paragraph of 

proposed Rule 1080(m)(iv)(B) between 

the words ‘‘not’’ and ‘‘eligible.’’ 

13. Amend the final paragraph of 

proposed Rule 1080(m)(iv)(B) by adding 

a space between ‘‘Phlx XL’’ and ‘‘II’’ in 

the seventh line. Also delete the lower 

case ‘‘b’’ in parentheses at the end of the 

seventh line and replace it with a 

capital ‘‘B.’’ 

14. Add the following to the 

beginning of the fifth paragraph of 

proposed Rule 1080(m)(iv)(C): 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

15. Add the following to the 

beginning of the seventh paragraph of 

proposed Rule 1080(m)(iv)(C): 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

16. Correct a typographical error in 

the sixth paragraph of proposed Rule 

1080(m)(iv)(C) by adding an ‘‘i’’ to the 

word ‘‘Timer’’ in the last sentence. 

17. Add the following to the 

beginning of the ninth paragraph of 

proposed Rule 1080(m)(iv)(C): 

‘‘In the circumstances described in 

the preceding paragraph,’’ 

Delete the capital ‘‘W’’ from the word 

‘‘What’’ and replace it with a lower case 

‘‘w.’’ 

18. Delete the capital ‘‘I’’ from the first 

line of proposed Rule 

1082(a)(ii)(B)(3)(g)(iii)(B)(3) and replace 

it with a lower case ‘‘i.’’ 

19. Add the word ‘‘to’’ to the first line 

of proposed Rule 

1082(a)(ii)(B)(3)(g)(iv)(A)(4) between the 

words ‘‘equal’’ and ‘‘both.’’ 

20. Delete the capital ‘‘I’’ from the first 

line of proposed Rule 

1082(a)(ii)(B)(3)(g)(iv)(B)(3) and replace 

it with a lower case ‘‘i.’’ 

21. Delete the words ‘‘quote or’’ from 

the first line of proposed Rule 

1082(a)(ii)(B)(3)(g)(v). 

22. Delete from proposed Rule 

1082(a)(ii)(B)(4)(d)(iv)(A) the following 

phrase: 


sroberts on PROD1PC70 with NOTICES
18602 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Notices 

6The text of Exhibit 5 to Amendment No. 1 is also 

available on the Commission’s Web site. 7 17 CFR 200.30–3(a)(12). 

‘‘a number of contracts that will 

satisfy interest at’’ 

Replace the deleted phrase with the 

following: 

‘‘all marketable contracts on the 

Exchange to’’. 

23. Delete from proposed Rule 

1082(a)(ii)(B)(4)(d)(iv)(B) the following 

phrase: 

‘‘a number of contracts that will 

satisfy interest at other markets at prices 

better than’’ 

Replace the deleted phrase with the 

following: 

‘‘any remaining contracts to away 

markets at’’ 

24. Underline the new text ‘‘OQR’’ in 

proposed OFPA A–14. 

The following proposed rules have 

been changed from the previously 

submitted Exhibit 5: 1017(l)(ii)(E); 

1017(l)(iii)(B); 1017(l)(iv)(B); 

1017(l)(iv)(C)(3); 1017(l)(iv)(C)(7); 

1080(c)(iv)(E); 1080(h); 1080(m); 

1080(m)(iv)(B); 1080(m)(iv)(C); 

1082(a)(ii)(B)(3)(g)(iii)(B)(3); 

1082(a)(ii)(B)(3)(g)(iv)(A)(4); 

1082(a)(ii)(B)(3)(g)(v); 

1082(a)(ii)(B)(4)(d)(iv)(A); 

1082(a)(ii)(B)(4)(d)(iv)(B); and OFPA A– 

14. 

The Exhibit 5 included in 

Amendment No. 1 replaces the 

previously submitted Exhibit 5 to SR– 

Phlx–2009–32 in its entirety.6

III. Date of Effectiveness of Amendment 

No. 1 to 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 shall: (a) by order 

approve such proposed rule change, or 

(b) institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

The Exchange has requested 

accelerated approval of this Amendment 

No. 1 to the proposed rule change prior 

to the 30th day after the date of 

publication of the notice in the Federal 

Register. The Commission is 

considering granting accelerated 

approval of the proposed rule change at 

the end of a 21-day comment period. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning this Amendment 

No. 1, including whether this 

Amendment No. 1 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–Phlx–2009–32 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–Phlx–2009–32. 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–Phlx–2009–32 and should 

be submitted on or before May 14, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–9241 Filed 4–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 11711 and # 11712] 

Mississippi Disaster # MS–00028 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Mississippi dated 04/16/ 

2009. 

Incident: Severe Storms and Flooding. 

Incident Period: 03/25/2009 through 

03/28/2009. 

Effective Date: 04/16/2009. 

Physical Loan Application Deadline 

Date: 06/15/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 01/19/2010. 

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: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

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: 

Primary Counties: Jackson. 

Contiguous Counties: 

Mississippi: George, Harrison, Stone. 

Alabama: Mobile. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 4.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.187 

Businesses With Credit Available 

Elsewhere ................................. 6.000 

Businesses & Small Agricultural 

Cooperatives Without Credit 

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

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 4.500 

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage is 11711 6 and for 

economic injury is 11712 0. 

The States which received an EIDL 

Declaration # are Mississippi, Alabama. 


sroberts on PROD1PC70 with NOTICES