Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54617 

7 15 U.S.C. 78s(b)(2). 

8 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 Exchange Act Release No. 60711 (September 

23, 2009), 74 FR 49419 (September 28, 2009) (order 

approving SR–NYSEArca–2009–44). 

5 15 U.S.C. 78s(b)(3)(A)(iii). 

6 17 CFR 240.19b–4(f)(6). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6)(iii). 

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change along with a brief 

description and the 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 pre-filing requirement. 

10 17 CFR 240.19b–4(f)(6)(iii). 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,7 that the 

proposed rule change (SR–FINRA– 

2009–055) be, and it hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25430 Filed 10–21–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60833; File No. SR– 

NYSEArca–2009–91] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending the Dates of 

the Quarterly Expansion of the Penny 

Pilot Program for Options 

October 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 October 

13, 2009, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ or ‘‘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 amend the 

dates of the quarterly expansion of the 

Penny Pilot Program for Options 

(‘‘Penny Pilot’’ or ‘‘Pilot’’). There are no 

changes to the Rule text. A copy of this 

filing is available on the Exchange’s 

Web site at http://www.nyse.com, at the 

Exchange’s principal office and at the 

Commission’s Public Reference Room. 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NYSE Arca proposes to amend the 

dates of the quarterly expansion of the 

Pilot.4

The Exchange proposes to add 75 

issues to the Pilot on November 2, 2009; 

February 1, 2010; May 3, 2010; and 

August 2, 2010. The issues to be added 

on November 2, 2009 will be based on 

the most actively traded multiply listed 

issues for the six month period from 

April 1, 2009 through September 30, 

2009. The issues to be added on 

February 1, 2010 will be based on the 

most actively traded multiply listed 

issues for the six month period from 

July 1, 2009 through December 31, 2009. 

The issues to be added on May 3, 2010 

will be based on the most actively 

traded multiply listed issues for the six 

month period from October 1, 2009 

through March 31, 2010. The issues to 

be added on August 2, 2010 will be 

based on the most actively traded 

multiply listed issues for the six month 

period from January 1, 2010 through 

June 30, 2010. 

The purpose of the date adjustment 

for the Pilot is because of concerns 

raised by NYSE Arca Option Trading 

Permit (‘‘OTP’’) Holders and Firms. 

After the Exchange received approval to 

extend and expand the Pilot, many OTP 

Holders and Firms expressed concern 

that a date that did not correspond with 

the start of a calendar month would 

interfere with month end processing for 

billing and cost allocation purposes. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with and 

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

of the Act, in that it is designed to 

promote just and equitable principles of 

trade, remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system and, in general, to protect 

investors and the public interest. As 

described herein, the Exchange is 

simply revising the dates of the 

quarterly expansion of the Pilot, by one 

week, so as to avoid problems for OTP 

Holders and Firms regarding their 

month end processing. 

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 Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 5 and Rule 

19b–4(f)(6) thereunder.6 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, 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 7 and Rule 

19b–4(f)(6)(iii) thereunder.8

A proposed rule change filed under 

Rule 19b–4(f)(6) normally does not 

become operative prior to 30 days after 

the date of the filing.9 However, 

pursuant to Rule 19b4(f)(6)(iii),10 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 


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54618 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 

11See supra note 4. 

12For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12). 

investors and the public interest 

because doing so will accommodate the 

administrative concerns of certain 

market participants while still allowing 

the Exchange to expand the Pilot in a 

manner that is consistent with the 

Commission’s prior approval of the 

extension and expansion of the Pilot.11

Furthermore, the proposal will delay the 

expansion of the Pilot by only one week 

and will therefore facilitate expansion of 

the Pilot in a timely manner. 

Accordingly, the Commission 

designates the proposed rule change as 

operative upon filing with the 

Commission.12

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such 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–NYSEArca–2009–91 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–NYSEArca–2009–91. 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 self-regulatory 

organization. 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– 

NYSEArca–2009–91 and should be 

submitted on or before November 12, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25428 Filed 10–21–09; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2009–0070] 

Future Systems Technology Advisory 

Panel Meeting 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of fifth panel meeting; 

correction to starting time on November 

5, 2008. 

DATES: November 5, 2009, 10 a.m.– 

5 p.m. and November 6, 2009, 8:30 

a.m.–12 p.m. 

Location: Omni Shoreham Hotel. 

ADDRESSES: 2500 Calvert Street 

Northwest Washington, District of 

Columbia 20008. 

SUPPLEMENTARY INFORMATION: 

Type of Meeting: The meeting is open 

to the public. 

Purpose: The Panel, under the Federal 

Advisory Committee Act of 1972, as 

amended, (hereinafter referred to as ‘‘the 

FACA’’) shall report to and provide the 

Commissioner of Social Security 

independent advice and 

recommendations on the future of 

systems technology and electronic 

services at the agency five to ten years 

into the future. The Panel will 

recommend a road map to aid SSA in 

determining what future systems 

technologies may be developed to assist 

in carrying out its statutory mission. 

Advice and recommendations can relate 

to SSA’s systems in the area of Internet 

application, customer service, or any 

other arena that would improve SSA’s 

ability to serve the American people. 

Agenda: The Panel will meet on 

Thursday, November 5, 2009 from 10 

a.m. until 5 p.m. and Friday, November 

6, 2009 from 8:30 a.m. to 12 p.m. The 

agenda will be available on the Internet 

at http://www.ssa.gov/fstap/index.htm 

or available by e-mail or fax on request, 

one week prior to the starting date. 

During the fifth meeting, the Panel 

may have experts address items of 

interest and other relevant topics to the 

Panel. This additional information will 

further the Panel’s deliberations and the 

effort of the Panel subcommittees. 

Public comments will be heard on 

Thursday, November 5, 2009, from 4:30 

p.m. until 5 p.m. Individuals interested 

in providing comments in person 

should contact the Panel staff as 

outlined below to schedule a time slot. 

Members of the public must schedule a 

time slot in order to comment. In the 

event public comments do not take the 

entire scheduled time period, the Panel 

may use that time to deliberate or 

conduct other Panel business. Each 

individual providing public comment 

will be acknowledged by the Chair in 

the order in which they are scheduled 

to testify and is limited to a maximum 

five-minute, verbal presentation. In 

addition to or in lieu of public 

comments provided in person, written 

comments may be provided to the panel 

for their review and consideration. 

Comments in written or oral form are for 

informational purposes only for the 

Panel. Public comments will not be 

specifically addressed or receive a 

written response by the Panel. 

For hearing impaired persons and 

those in need of sign language services 

please contact the Panel staff as outlined 

below at least 10 business days prior to 

the meeting so that timely arrangements 

can be made to provide this service. 

Contact Information: Records are kept 

of all proceedings and will be available 

for public inspection by appointment at 

the Panel office. Anyone requiring 

information regarding the Panel should 

contact the staff by: 

Mail addressed to SSA, Future 

Systems Technology Advisory Panel, 

Room 800, Altmeyer Building, 6401 

Security Boulevard, Baltimore, MD 

21235–0001; telephone at 410–966– 


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