4274 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

1415 U.S.C. 78f(b). 

1515 U.S.C. 78f(b)(4). 

16 15 U.S.C. 78s(b)(3)(A)(ii). 

17 17 CFR 240.19b–4(f)(2). 

18 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). 

intends to continue trading the MNX, 

NDX, RUT and RMN products, it does 

not believe that, at this time, the 

language in the related footnotes should 

be included on the Summary of Equity 

Option fee schedule. 

The Exchange has decided for 

business purposes to exclude the 

current U. S. dollar-settled foreign 

currency option transaction and 

comparison charges from the $60,000 

Firm-Related Equity Option and Index 

Option Cap calculation. The Exchange 

believes that it can continue to attract 

this business without offering the cap, 

which should also help to raise revenue. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 14 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 15

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. By 

amending the Exchange’s fee schedule 

and adding nominal fees and deleting 

fees and text the Exchange no longer 

deems necessary, the Exchange believes 

that members and member organizations 

should benefit from the proposals 

described herein. 

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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 16 and 

paragraph (f)(2) of Rule 19b–4 17

thereunder. 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–Phlx–2008–86 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2008–86. 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 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 publicly available. All 

submissions should refer to File 

Number SR–Phlx-2008–86 and should 

be submitted on or before February 13, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1297 Filed 1–22–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59234; File No. SR– 

NYSEArca–2008–140] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending the Adding 

Liquidity Only Order 

January 12, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

29, 2008, NYSE Arca, Inc. (‘‘NYSE 

Arca’’ 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 NYSE Arca. NYSE Arca 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 

it 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 amend 

Rule 7.31(nn), the Adding Liquidity 

Only Order (‘‘ALO Order’’). The text of 

the proposed rule is attached as Exhibit 

5. 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, 

NYSE Arca included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments it received on the 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4275 

5The ALO Order was recently introduced as Rule 

7.31(nn). See Securities Exchange Act Release No. 

59049 (December 3, 2008), 73 FR 75154 (December 

10, 2008) (notice of immediate effectiveness SR– 

NYSEArca–2008–132). 

6See NYSE Arca Equities Rule 7.31(h)(5). 

7 15 U.S.C. 78f(b). 

8 15 U.S.C. 78f(b)(5). 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file 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 complied with this 

requirement. 

12 Id. 

13For purposes only of waiving the 30-day 

operative delay of this proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f). 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. NYSE 

Arca 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 

At present, an ALO Order would be 

rejected when, at the time of entry, it 

would interact with an un-displayed 

order on the Exchange.5 The Exchange 

proposes a limited exception to the ALO 

Order whereby an ALO Order will not 

be rejected when interacting with a MidPoint Passive Liquidity Order (‘‘MPL 

Order’’). This proposed change will 

incorporate existing functionality into 

the ALO Order that permits designated 

limit orders to ignore MPL Orders. 

Currently, NYSE Arca Users may elect 

to mark incoming limit orders with a 

‘‘No Midpoint Execution’’ designator 

which will ignore MPL Orders and trade 

against the Arca Book.6 The ALO Order 

will incorporate the functionality of the 

‘‘No Midpoint Execution’’ designator. 

As such, the ALO Order will ignore 

MPL Orders and proceed to post to the 

NYSE Arca Book. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act,7

in general, and furthers the objectives of 

Section 6(b)(5),8 in particular, in that it 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system. The Exchange believes that the 

proposed rule change will clarify the 

rule cross-references and eliminate 

unnecessary confusion in its rule 

structure. 

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 foregoing 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 for 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 9 and subparagraph (f)(6) of 

Rule 19b–4 thereunder.10

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.11 However, Rule 19b– 

4(f)(6)(iii) 12 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 and designate the proposed rule 

change operative upon filing. The 

Exchange stated the waiver of this 

period will allow it to immediately offer 

the ALO Order as amended to market 

participants on NYSE Arca, providing 

them with greater discretion and 

flexibility to post liquidity on NYSE 

Arca. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. 

Therefore, the Commission designates 

the proposal operative upon filing.13

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 

No. SR–NYSEArca–2008–140 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2008–140. 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, 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 NYSE Arca. 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–2008–140 and should be 

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4276 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

14 17 CFR 200.30–3(a)(12). 

submitted on or before February 13, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1300 Filed 1–22–09; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2009–0004] 

Future Systems Technology Advisory 

Panel Meeting 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of second panel meeting. 

DATES: February 9, 2009, 9:15 a.m.–5 

p.m. and February 10, 2009, 8:30 a.m.– 

12 p.m. 

Location: Hilton Baltimore Hotel. 

ADDRESSES: 401 West Pratt Street, 

Baltimore, MD 21201. 

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 

Monday, February 9, 2009 from 9:15 

a.m. until 5 p.m. and Tuesday, February 

10, 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 second meeting, the Panel 

will continue to receive additional 

information about the agency, its 

operations, and its programs. The 

meeting will also include a dialogue 

with the senior executives of the agency 

to answer panel questions. This 

dissemination of information and 

discussion with the executives will 

enable panel members to gain a broader 

and more in-depth understanding of the 

agency and its operations. 

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 410–965– 

6011; Fax at 410–965–0201; or e-mail to 

FSTAP@ssa.gov. 

Dated: January 14, 2009. 

Dianne L. Rose, 

Designated Federal Officer, Future Systems 

Technology Advisory Panel. 

[FR Doc. E9–1345 Filed 1–22–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Applications of Avjet Corporation for 

Certificate Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2009–1–7); Dockets DOT–OST– 

2008–0224 and DOT–OST–2008–0231. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue orders finding Avjet 

Corporation, fit, willing, and able, and 

awarding it certificates of public 

convenience and necessity to engage in 

interstate and foreign charter air 

transportation of persons, property and 

mail. 

DATES: Persons wishing to file 

objections should do so no later than 

January 28, 2009. 

ADDRESSES: Objections and answers to 

objections should be filed in Dockets 

DOT–OST–2008–0224 and DOT–OST– 

2008–0231 and addressed to U.S. 

Department of Transportation, Docket 

Operations (M–30), 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

and should be served upon the parties 

listed in Attachment A to the order. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vanessa R. Balgobin, Air Carrier Fitness 

Division (X–56), U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–9721. 

Robert S. Goldner, 

Special Counsel for Aviation and 

International Affairs. 

[FR Doc. E9–1378 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Advisory Circular 35–1, Certification of 

Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of issuance of advisory 

circular. 

SUMMARY: This notice announces the 

issuance of Advisory Circular (AC) 35– 

1, Certification of Propellers. This AC 

provides guidance and describes 

acceptable methods, but not the only 

methods, that may be used to 

demonstrate compliance with 

provisions of the requirements of part 

35 of Title 14 of the Code of Federal 

Regulations (14 CFR part 35). 

DATE: The Engine and Propeller 

Directorate issued AC 35–1 on 

December 29, 2008. 

FOR FURTHER INFORMATION CONTACT: The 

Federal Aviation Administration, Attn: 

Jay Turnberg, Engine and Propeller 

Standards Staff, ANE–111, 12 New 

England Executive Park, Burlington, MA 

01803–5299; telephone: (781) 238–7116; 

fax: (781) 238–7199; e-mail: 

jay.turnberg@faa.gov. 

We have filed in the docket all 

substantive comments received, and a 

report summarizing them. If you wish to 

review the docket in person, you may go 

to the above address between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. If you wish to contact 

the above individual directly, you can 

use the above telephone number or email address provided. 

How to Obtain Copies: A paper copy 

of AC 35–1 may be obtained by writing 

to the U.S. Department of 

Transportation, Subsequent Distribution 

Office, DOT Warehouse, SVC 121.23, 

Ardmore East Business Center, 3341Q 

75th Ave., Landover, MD 20785, 

telephone 301–322–5377, or by faxing 

your request to the warehouse at 301– 

386–5394. The AC will also be available 

on the Internet at http://www.faa.gov/ 

regulations_policies (then click on 

‘‘Advisory Circulars’’). 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

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