30658 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4Broad-based indexes (or market indexes), which 

are not at issue in this filing, are defined in Phlx 

Rule 1000A(b)(11). 

5The Chicago Board Options Exchange and 

International Securities Exchange have the same 

ability pursuant to their own rules. 

6These include the index is capitalizationweighted, price-weighted, modified capitalizationweighted or equal dollar-weighted, and consists of 

ten or more component securities; each component 

security has a market capitalization of at least $75 

million, except that for each of the lowest weighted 

component securities in the index that in the 

aggregate account for no more than 10% of the 

weight of the index; the market capitalization is at 

least $50 million; and trading volume of each 

component security has been at least one million 

shares for each of the last six months, except that 

for each of the lowest weighted component 

securities in the index that in the aggregate account 

for no more than 10% of the weight of the index, 

trading volume has been at least 500,000 shares for 

each of the last six months. See Phlx Rule 

1009A(b)(1)–(12) for all of the conditions. 

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–NYSE–2009–49 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–NYSE–2009–49. 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 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–NYSE– 

2009–49 and should be submitted on or 

before July 17, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15155 Filed 6–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60150; File No. SR–Phlx– 

2009–35] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change To Clarify the 

Definition of ‘‘Narrow-Based Index’’ 

June 19, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on June 16, 

2009, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ 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 the Exchange. Phlx has designated 

the proposed rule change as constituting 

a non-controversial rule change under 

Rule 19b–4(f)(6) under the Act,3 which 

renders the proposal 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 file a 

proposed rule change to add a 

commentary to Rule 1000A(b)(12) to 

clarify that this rule, which defines the 

term ‘‘narrow-based index’’ to mean ‘‘to 

be representative of a particular 

industry or a group of related 

industries’’ to also accommodate an 

index the constituents of which are all 

headquartered within a single country 

to be listed as a narrow-based index 

pursuant to Exchange rules. 

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. 

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 

Exchange 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 these 

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 aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Phlx is filing the proposed rule 

change to add a commentary to clarify 

that Phlx Rule 1000A(b)(12), which 

defines the term ‘‘narrow-based index’’ 

(or ‘‘industry index’’) to mean ‘‘to be 

representative of a particular industry or 

a group of related industries’’ to also 

accommodate an index the constituents 

of which are all headquartered within a 

single country to be listed as a narrowbased index pursuant to Exchange rules. 

This would enable options based on an 

index, including companies all 

headquartered within a single country, 

to be rightfully considered as a generic 

narrow-based index for purposes of 

listing on the Exchange and trading. 

The listing and trading of index 

options on the Exchange is generally 

conditioned on the ability to meet the 

rule requirements for narrow-based and 

broad based indexes.4 More particularly 

regarding narrow-based indexes, Phlx 

Rule 1009A(b) states that the Exchange 

may trade options on an underlying 

index pursuant to Rule 19b–4(e) of the 

Act 5 where all of the noted conditions 

noted are satisfied.6 Indeed, the 

Exchange has, and continues to, list and 

trade options on narrow-based indexes 

based on industries or a group of related 

industries that are located within 

various countries. These options are 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 30659 

7See Phlx Rules 1000A et seq. (index options 

trading rules). See also Phlx Rules 1000 et seq. 

(general options trading rules). 

8 Id. The trading rules include, among other 

things, position limits, exercise limits, and terms of 

options contracts (Phlx Rules 1001A, 1002A, and 

1101A, respectively). See also Securities and 

Exchange Release No. 42132 (November 12, 1999), 

64 FR 63837 (November 22, 1999) (SR–Phlx–98–99) 

(order approving narrow-based options position 

limit increase to 18,000, 24,000, and 31,500 

contracts). 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) 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. Phlx has satisfied this requirement. 

13 17 CFR 240.19b–4(f)(6). 

14 17 CFR 240.19b–4(f)(6). 

15For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

traded pursuant to the Exchange’s index 

option trading rules.7

With the Exchange’s interpretation of 

Phlx Rule 1000A(b)(12) as discussed 

herein, the Exchange intends to list and 

trade options, pursuant to Phlx Rule 

1009A(b), on an index(es) that includes 

industries all headquartered within a 

single country. The Exchange represents 

that, in all other material aspects, these 

options will meet the requirements for 

generic listing and trading pursuant to 

Rule 1009A(b). The proposed rule 

change simply seeks to clarify that the 

generic listing and trading standards 

would cover an index that otherwise 

qualifies as a ‘‘narrow-based index,’’ 

with the exception that the constituents 

of the index are all headquartered 

within a single country. 

For example, the proposed rule 

change would allow the Exchange to list 

and trade options on the NASDAQ 

China Index (the ‘‘Index’’) pursuant to 

generic listing standards. Options on the 

Index would not otherwise qualify for 

listing on the Exchange because the 

Index does not currently fit within the 

definition of a narrow-based index 

under Phlx Rule 1000A(b)(12). In all 

other respects the Index meets the 

applicable generic listing standards 

under Rule 1009A(b). The Exchange 

intends to list and trade options on the 

Index pursuant to Rule 1009A(b) almost 

immediately upon operation of the 

changes in the proposed commentary to 

Phlx Rule 1000A(b)(12). 

Moreover, like the presently traded 

narrow-based index options, these 

narrow-based options will be traded 

pursuant to the Exchange’s trading 

rules.8 The Exchange represents that its 

existing surveillance procedures 

applicable to trading in options will be 

adequate to properly monitor the 

trading in options on these narrowbased indexes. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 9 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 10

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest, by 

clarifying the term ‘‘narrow-based 

index’’ also accommodates an index the 

constituents of which are all 

headquartered within a single country. 

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 

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, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 11 and Rule 19b– 

4(f)(6) thereunder.12

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 13 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 14

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The Exchange requests 

that its proposal become operative 

immediately so that Phlx may list and 

trade options on the NASDAQ China 

Index immediately pursuant to its 

generic listing standards for narrowbased indexes. The Commission 

believes that waiving the 30-day 

operative delay to make the product 

available without delay is consistent 

with the protection of investors and the 

public interest. Therefore, the 

Commission designates the proposal 

operative upon filing.15

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–2009–35 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–2009–35. 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 

30660 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 

16 17 CFR 200.30–3(a)(12). 

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–2009–35 and should 

be submitted on or before July 17, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–15153 Filed 6–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6683] 

60-Day Notice of Proposed Information 

Collection: DS–2029, Application for 

Consular Report of Birth Abroad of a 

Citizen of the United States of America, 

OMB Control No. 1405–0011 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Application for Consular Report of Birth 

Abroad of a Citizen of the United States 

of America. 

• OMB Control Number: 1405–0011 

• Type of Request: Revision 

• Originating Office: Bureau of 

Consular Affairs, Overseas Citizens 

Services (CA/OCS) 

• Form Number: DS–2029 

• Respondents: Parents or legal 

guardians of United States citizen 

children born overseas. 

• Estimated Number of Respondents: 

64,374 

• Estimated Number of Responses: 

64,374 

• Average Hours per Response: 20 

minutes 

• Total Estimated Burden: 21,458 

hours 

• Frequency: On Occasion 

• Obligation to Respond: Voluntary 

DATES: The Department will accept 

comments from the public up to 60 days 

from August 25, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: ASKPRI@state.gov. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

CA/OCS/PRI, SA–29, 4th Floor, 

Washington, DC 20520 

• Fax: 202–736–9111 

• Hand Delivery or Courier: U.S. 

Department of State, CA/OCS/PRI, 2100 

Pennsylvania Avenue, 4th Floor, 

Washington, DC 20037. 

You must include the DS form 

number (if applicable), information 

collection title, and OMB control 

number in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Derek A. Rivers, Bureau of Consular 

Affairs, Overseas Citizens Services (CA/ 

OCS/PRI), U.S. Department of State, 

SA–29, 4th Floor, Washington, DC 

20520, who may be reached on (202) 

736–9082 or ASKPRI@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of Proposed Collection 

The DS–2029, Application for 

Consular Report of Birth Abroad of a 

Citizen of the United States of America, 

is used by citizens of the United States 

to report the birth of a child while 

overseas. The information collected on 

this form will be used to certify the 

acquisition of U.S. citizenship at birth of 

a person born abroad and can be used 

by that child throughout life. 

Methodology 

The DS–2029 is available to download 

from the Internet. An application for a 

Consular Report of Birth is normally 

made in the consular district in which 

the birth occurred. The parent 

respondents will complete the form and 

present it to a United States Consulate 

or Embassy, who will examine the 

documentation and enter the 

information provided into the 

Department of State American Citizen 

Services (ACS) electronic database. 

Dated: May 29, 2009. 

Mary Ellen Hickey, 

Managing Director, Bureau of Consular 

Affairs, Department of State. 

[FR Doc. E9–15168 Filed 6–25–09; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF STATE 

[Public Notice 6682] 

Notice of Public Meeting on FY 2010 

Refugee Admissions Program 

There will be a meeting on the 

President’s FY 2010 Refugee 

Admissions Program on Thursday, July 

9, 2009 from 3 p.m. to 5 p.m. The 

meeting will be held at the Refugee 

Processing Center, 1401 Wilson 

Boulevard, Suite 700, Arlington, 

Virginia. The meeting’s purpose is to 

hear the views of attendees on the 

appropriate size and scope of the FY 

2010 Refugee Admissions Program. 

Seating is limited. Persons wishing to 

attend this meeting must notify the 

Bureau of Population, Refugees, and 

Migration at telephone (202) 663–1006 

by 5 p.m. on Friday, June 26, 2009, to 

reserve a seat. Persons wishing to 

present comments should submit them 

by 5 on Thursday, July 2, 2009. All 

written comments should either be 

e-mailed to spruellda@state.gov or faxed 

to (202) 663–1364. 

If you have questions about the public 

meeting, please contact Delicia Spruell, 

PRM/Admissions Program Officer at 

(202) 663–1006. Information about the 

Refugee Admissions Program may be 

found at http://www.state.gov/g/prm/. 

Dated: June 18, 2009. 

Samuel M. Witten, 

Acting Assistant Secretary, Bureau of 

Population, Refugees and Migration, 

Department of State. 

[FR Doc. E9–15171 Filed 6–25–09; 8:45 am] 

BILLING CODE 4710–33–P 

DEPARTMENT OF STATE 

[Public Notice 6637] 

U.S. Department of State Advisory 

Committee on Private International 

Law: Study Group on the Hague 

Convention on Choice of Court 

Agreements 

A Study Group on the 2005 Hague 

Convention on Choice of Court 

Agreements is being established under 

the Department of State Advisory