Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36805 

15 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). 

5The Pilot Program is currently set to expire on 

July 18, 2009. See Securities Exchange Act Release 

No. 58942 (November 13, 2008), 73 FR 70394 

(November 20, 2008) (SR–BSE–2008–49); See also 

Securities and Exchange Act Release No. 58195 

(July 18, 2008), 73 FR 43801 (July 28, 2008) (SR– 

BSE–2008–39); See also Securities Exchange Act 

Release No. 55999 (July 2, 2007), 72 FR 37549 (July 

10, 2007) (SR–BSE–2007–27); See also Securities 

Exchange Act Release No. 54066 (June 29, 2006), 71 

FR 38434 (July 6, 2006) (SR–BSE–2006–24); See 

also Securities Exchange Act Release No. 52149 

(July 28, 2005), 70 FR 44704 (August 3, 2005) (SR– 

BSE–2005–22); See also Securities Exchange Act 

Release No. 49068 (January 13, 2004), 69 FR 2775 

(January 20, 2004) (SR–BSE–2002–15) (‘‘Original 

PIP Pilot Program Approval Order’’). See also 

Securities Exchange Act Release No. 51821 (June 

10, 2005), 70 FR 35143 (June 16, 2005) (SR–BSE– 

2004–51) (Order approving, among other things, 

under certain circumstances, the premature 

termination of a PIP process). 

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–CBOE–2009–051 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–CBOE–2009–051. 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 available publicly. All 

submissions should refer to File 

Number SR–CBOE–2009–051 and 

should be submitted on or before 

August 14, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17638 Filed 7–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60337; File No. SR–BX– 

2009–038] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Extend a 

Pilot Program That Allows for No 

Minimum Size Order Requirement for 

the Price Improvement Period Process 

on the Boston Options Exchange 

Facility 

July 17, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on July 13, 

2009 NASDAQ OMX BX, Inc. (the 

‘‘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 self-regulatory organization. The 

Exchange 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 the proposal effective 

upon filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

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 

Supplementary Material to Section 18 

(the Price Improvement Period ‘‘PIP’’) of 

Chapter V of the Rules of the Boston 

Options Exchange Group, LLC (‘‘BOX’’) 

to extend a pilot program that permits 

BOX to have no minimum size 

requirement for orders entered into the 

PIP and under certain circumstances 

permits the premature termination of 

the PIP process (‘‘PIP Pilot Program’’). 

The text of the proposed rule change is 

available from the principal office of the 

Exchange, at the Commission’s Public 

Reference Room and also on the 

Exchange’s Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 

The purpose of the proposed rule 

change is to extend the PIP Pilot 

Program under the BOX Rules for 

twelve (12) additional months. The PIP 

Pilot Program allows BOX to have no 

minimum size requirement for orders 

entered into the PIP process and under 

certain circumstances permits the 

premature termination of the PIP 

process.5 The proposed rule change 

reflects change to the text of 

Supplementary Material .01 to Section 

18 of Chapter V of the BOX Rules and 

seeks to extend the operation of the PIP 

Pilot Program until July 17, 2010. 

The Exchange notes that the PIP Pilot 

Program provides small customer orders 

with benefits not available under the 

rules of some other exchanges. One of 

the important factors of the PIP Pilot 

Program is that it guarantees 

Participants the right to trade with their 

customer orders that are less than 50 

contracts. In particular, any order 


srobinson on DSKHWCL6B1PROD with NOTICES
36806 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

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

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

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and 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 fulfilled this requirement. 10 Id. 11 17 CFR 240.19b–4(f)(6)(iii). 12 Id. 13For purposes only of waiving the operative 

delay for this proposal, the Commission has 

entered into the PIP is guaranteed an 

execution at the end of the auction at a 

price at least equal to the national best 

bid or offer. 

In further support of this proposed 

rule change, and as required by the 

Original PIP Pilot Program Approval 

Order, the Exchange represents that 

BOX has been submitting to the 

Exchange and to the Commission a PIP 

Pilot Program Report, offering detailed 

data from, and analysis of, the PIP Pilot 

Program. Although BOX is submitting 

the reports, the Exchange notes that it is 

also responsible for the timeliness and 

the accuracy of the information. 

To aid the Commission in its 

evaluation of the PIP Pilot Program, 

BOX has represented to the Exchange 

that BOX will provide the following 

additional information each month: (1) 

The number of orders of 50 contracts or 

greater entered into the PIP auction; (2) 

The percentage of all orders of 50 

contracts or greater sent to BOX that are 

entered into BOX’s PIP auction; (3) The 

spread in the option, at the time an 

order of 50 contracts or greater is 

submitted to the PIP auction; (4) Of PIP 

trades for orders of fewer than 50 

contracts, the percentage done at the 

National Best Bid or Offer (‘‘NBBO’’) 

plus $.01, plus $.02, plus $.03, etc.; (5) 

Of PIP trades for orders of 50 contracts 

or greater, the percentage done at the 

NBBO plus $.01, plus $.02, plus $.03, 

etc.; (6) The number of orders submitted 

by Order Flow Providers (‘‘OFPs’’) when 

the spread was $.05, $.10, $.15, etc. For 

each spread, BOX will specify the 

percentage of contracts in orders of 

fewer than 50 contracts submitted to 

BOX’s PIP that were traded by: (a) The 

OFP that submitted the order to the PIP; 

(b) BOX Market Makers assigned to the 

class; (c) other BOX Participants; (d) 

Public Customer Orders (including 

Customer PIP Orders (‘‘CPOs’’)); and (e) 

unrelated orders (orders in standard 

increments entered during the PIP). For 

each spread, BOX will also specify the 

percentage of contracts in orders of 50 

contracts or greater submitted to BOX’s 

PIP that were traded by: (a) The OFP 

that submitted the order to the PIP; (b) 

BOX Market Makers assigned to the 

class; (c) other BOX Participants; (d) 

Public Customer Orders (including 

CPOs); and (e) unrelated orders (orders 

in standard increments entered during 

PIP); (7) For the first Wednesday of each 

month: (a) The total number of PIP 

auctions on that date; (b) the number of 

PIP auctions where the order submitted 

to the PIP was fewer than 50 contracts; 

(c) the number of PIP auctions where 

the order submitted to the PIP was 50 

contracts or greater; (d) the number of 

PIP auctions (for orders of fewer than 50 

contracts) with 0 participants (excluding 

the initiating participant), 1 participant 

(excluding the initiating participant), 2 

participants (excluding the initiating 

participant), 3 participants (excluding 

the initiating participant), 4 participants 

(excluding the initiating participant), 

etc., and (e) the number of PIP auctions 

(for orders of 50 contracts or greater) 

with 0 participants (excluding the 

initiating participant), 1 participant 

(excluding the initiating participant), 2 

participants (excluding the initiating 

participant), 3 participants (excluding 

the initiating participant), 4 participants 

(excluding the initiating participant), 

etc.; and (8) For the third Wednesday of 

each month: (a) The total number of PIP 

auctions on that date; (b) the number of 

PIP auctions where the order submitted 

to the PIP was fewer than 50 contracts; 

(c) the number of PIP auctions where 

the order submitted to the PIP was 50 

contracts or greater; (d) the number of 

PIP auctions (for orders of fewer than 50 

contracts) with 0 participants (excluding 

the initiating participant), 1 participant 

(excluding the initiating participant), 2 

participants (excluding the initiating 

participant), 3 participants (excluding 

the initiating participant), 4 participants 

(excluding the initiating participant), 

etc., and (e) the number of PIP auctions 

(for orders of 50 contracts or greater) 

with 0 participants (excluding the 

initiating participant), 1 participant 

(excluding the initiating participant), 2 

participants (excluding the initiating 

participant), 3 participants (excluding 

the initiating participant), 4 participants 

(excluding the initiating participant), 

etc. 

2. Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,6

in general, and Section 6(b)(5) of the 

Act,7 in particular, in that it is designed 

to foster cooperation and coordination 

with persons engaged in regulating, 

clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism for a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. The Exchange believes 

that the data demonstrates that there is 

sufficient investor interest and demand 

to extend the PIP Pilot Program for an 

additional twelve (12) months. The 

Exchange represents that the Pilot 

Program is designed to provide 

investors with real and significant price 

improvement regardless of the size of 

the order. 

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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change, as amended: (1) Does not 

significantly affect the protection of 

investors or the public interest; (2) does 

not impose any significant burden on 

competition; and (3) by its terms does 

not become operative for 30 days after 

the date of this filing, 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) 8 of the Act and Rule 19b– 

4(f)(6) thereunder.9

A proposed rule change filed under 

Rule 19b–4(f)(6) 10 normally may not 

become operative prior to 30 days after 

the date of filing. However, Rule 19b– 

4(f)(6)(iii) 11 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 the Commission 

waive the 30-day operative delay, as 

specified in Rule 19b–4(f)(6)(iii),12

which would make the rule change 

operative upon filing. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest because such waiver will allow 

the PIP Pilot Program to continue 

without interruption.13 Accordingly, the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36807 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). 

Commission designates the proposed 

rule change operative upon filing with 

the Commission. 

At any time within 60 days of the 

filing of such 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–BX–2009–038 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–BX–2009–038. 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 will also 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–BX– 

2009–038 and should be submitted on 

or before August 14, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17637 Filed 7–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6705] 

Correction to 30–Day Notice of 

Proposed Information Collection: DS– 

7655, Iraqi Citizens and Nationals 

Employed by U.S. Federal Contractors, 

Grantees, and Cooperative Agreement 

Partners, OMB Control Number 1405– 

0184; Corrections 

AGENCY: Department of State. 

ACTION: Notice; correction. 

SUMMARY: This document contains a 

correction to the 30–Day Notice of 

Proposed Information Collection: DS– 

7655, Iraqi Citizens and Nationals 

Employed by U.S. Federal Contractors, 

Grantees, and Cooperative Agreement 

Partners, OMB Control Number 1405– 

0184 published in the Federal Register 

on Tuesday, July 14, 2009, in Volume 

74–No. 133, page 34070. The document 

contained incorrect ‘Estimated Number 

of Responses’ due to a typographical 

error. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. Lower (POC), Department of 

State, A/LM Room 525, P.O. Box 9115 

Rosslyn Station, Arlington, VA 22219, 

who may be reached at 703–875–5822 

or at LowerRS@state.gov. 

Correction 

In the Federal Register of Tuesday, 

July 14, 2009, in Volume 74–No. 133, 

page 34070, in the 3rd column 7th 

bullet, correct the 7th bullet to read: 

• Estimated Number of Responses: 

200. 

Dated: July 15, 2009. 

William H. Moser, 

Deputy Assistant Secretary, Office of Logistics 

Management, Bureau of Administration, 

Department of State. 

[FR Doc. E9–17549 Filed 7–23–09; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0001–N–17] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

renewal of the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements for 

clearance by the Office of Management 

and Budget (OMB), FRA is soliciting 

public comment on specific aspects of 

the activities identified below. 

DATES: Comments must be received no 

later than September 22, 2009. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 25, 

Washington, DC 20590, or Ms. Nakia 

Jackson, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number 2130–0509.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via e-mail to 

Mr. Brogan at robert.brogan@dot.gov, or 

to Ms. Jackson at 

nakia.jackson@dot.gov. Please refer to 

the assigned OMB control number in 

any correspondence submitted. FRA 

will summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Safety, 


srobinson on DSKHWCL6B1PROD with NOTICES