Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26761 

95 15 U.S.C. 78s(b)(2). 

96See supra note 7. 

97 15 U.S.C. 78f(b)(5). 

98 15 U.S.C. 78s(b)(2). 99 17 CFR 200.30–3(a)(12). 

Commission understands that, 

currently, there is no mechanism for 

OPRA to identify only one side of a 

quote as non-firm. During this pilot 

period, the Commission expects that the 

Exchange will work with OPRA to 

develop the capability to identify such 

a mechanism. Once that capability is 

developed, there should no longer be a 

need to use a $0.00 bid or $200,000 offer 

to reflect a non-firm status on one-side 

of the market. 

In addition, in response to CBOE’s 

comment letter, Phlx amended proposed 

Rule 1082(a)(ii)(B)(4), Market Exhaust, 

to clarify that, if an order is received 

when there are no quotations available 

in the Phlx market, but Phlx has an 

order on its book at the NBBO, Phlx 

would immediately execute the 

incoming order against the order on its 

book at the NBBO. 

The Commission believes that Phlx’s 

proposal to disseminate a non-firm 

quote on one side of the market with 

size for a limited period of time, and to 

execute orders during a Market Exhaust 

situation if there limit order resting on 

Phlx at the NBBO, responds to the 

concerns raised by commenters and, as 

discussed above, is consistent with the 

Act. Therefore, the Commission finds 

good cause, consistent with Section 

19(b)(2) of the Act,95 to approve the 

proposed rule change, as modified by 

Amendment Nos. 1, 2, and 3, on an 

accelerated basis. 

The Commission believes that, with 

regard to the additional comments made 

by CBOE relating to the proposed rules 

for order handling following the Market 

Exhaust Auction and the circumstances 

under which specialists and other Phlx 

XL II participants would receive 

entitlements,96 Phlx has sufficiently 

responded to and clarified these aspects 

of its proposal. 

VII. Conclusion 

For the foregoing reasons, the 

Commission finds that the proposed 

rule change, as amended, is consistent 

with the Act and the rules and 

regulations thereunder applicable to a 

national securities exchange, and, in 

particular with Section 6(b)(5) of the 

Act.97

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,98 that the 

proposed rule change (SR–Phlx–2009– 

32), as amended, be, and it hereby is, 

approved on an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.99

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12918 Filed 6–2–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6599] 

Advisory Committee on Historical 

Diplomatic Documentation; Notice of 

Meeting 

Summary: The Advisory Committee 

on Historical Diplomatic Documentation 

will meet in the Department of State, 

2201 ‘‘C’’ Street NW., Washington, DC, 

June 23 and June 24, 2009, in 

Conference Room 1105. Prior 

notification and a valid governmentissued photo ID (such as driver’s 

license, passport, U.S. government or 

military ID) are required for entrance 

into the building. Members of the public 

planning to attend must notify 

Nathaniel Smith, Office of the Historian 

(202–663–3268) no later than June 18, 

2009, to provide date of birth, valid 

government-issued photo identification 

number and type (such as driver’s 

license number/state, passport number/ 

country, or U.S. government ID number/ 

agency or military ID number/branch), 

and relevant telephone numbers. If you 

cannot provide one of the specified 

forms of ID, please consult with 

Nathaniel Smith for acceptable 

alternative forms of picture 

identification. In addition, any requests 

for reasonable accommodation should 

be made prior to June 15, 2009. Requests 

for reasonable accommodation received 

after that time will be considered, but 

might be impossible to fulfill. 

The Committee will meet in open 

session from 1:30 p.m. through 2:30 

p.m. on Tuesday, June 23, 2009, in the 

Department of State, 2201 ‘‘C’’ Street 

NW., Washington, DC, in Conference 

Room 1105, to discuss declassification 

and transfer of Department of State 

records to the National Archives and 

Records Administration and the status 

of the Foreign Relations series. The 

remainder of the Committee’s sessions 

from 2:45 p.m. until 5 p.m. on Tuesday, 

June 23, 2009, and 9 a.m. until 12 p.m. 

on Wednesday, June 24, 2009, will be 

closed in accordance with Section 10(d) 

of the Federal Advisory Committee Act 

(Pub. L. 92–463). The agenda calls for 

discussions of agency declassification 

decisions concerning the Foreign 

Relations series and other 

declassification issues. These are 

matters properly classified and not 

subject to public disclosure under 5 

U.S.C. 552b(c)(1) and the public interest 

requires that such activities be withheld 

from disclosure. Questions concerning 

the meeting should be directed to 

Ambassador John Campbell, Executive 

Secretary, Advisory Committee on 

Historical Diplomatic Documentation, 

Department of State, Office of the 

Historian, Washington, DC 20520, 

telephone (202) 663–1123, (e-mail 

history@state.gov). 

Dated: May 19, 2009. 

John Campbell, 

Executive Secretary, Department of State. 

[FR Doc. E9–12942 Filed 6–2–09; 8:45 am] 

BILLING CODE 4710–11–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending May 23, 2009 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1383 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2009– 

0123. 

Date Filed: May 20, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

PSC/RESO/143 dated 6 February 

2009. 

Finally Adopted Resolutions & 

Recommended Practices r1–r44. 

PSC/MINS/026 dated 6 February 

2009. 

Minutes. 

Intended effective date: 1 June 2009. 

Barbara J. Hairston, 

Supervisiory Dockets Officer, Docket 

Operations, Alternate Federal Register 

Liaison. 

[FR Doc. E9–12959 Filed 6–2–09; 8:45 am] 

BILLING CODE 4910–9X–P 


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