62730 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Notices 

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

2 17 CFR 240.19b–4.

3See October 8, 2004 letter from Jeffrey S. Davis, 

Associate General Counsel, Nasdaq, to Katherine A. 

England, Assistant Director, Division of Market 

Regulation (‘‘Division’’), Commission 

(‘‘Amendment No. 1’’). The original proposed rule 

change contained conflicting language about 

Nasdaq’s intent to make permanent the existing 

TotalView pilot program. In Amendment No. 1, 

Nasdaq clarified that the purpose of the proposed 

rule change is to make permanent the fees 

associated with TotalView that previously had been 

implemented on a pilot basis. The Commission also 

notes that the original proposed rule change was 

filed with a blank page between pages 13 and 14. 

Nasdaq confirmed that this was an error, and that 

no text is missing from the original proposed rule 

change. Telephone conversation between Jeffrey S. 

Davis, Nasdaq, and Joseph P. Morra, Commission, 

September 30, 2004.

4 15 U.S.C. 78s(b)(3)(A).

5 17 CFR 240.19b–4(f)(6).

6Nasdaq provided the Commission with written 

notice of its intent to file the proposed rule change 

on September 21, 2004. See September 21, 2004 

letter from Jeffrey S. Davis, Nasdaq, to Katherine A. 

England, Commission. Nasdaq asked the 

Commission to waive the 30-day operative delay. 

For purposes of calculating the 60-day abrogation 

period, the Commission considers the period to 

have commenced on October 12, 2004, the date that 

Nasdaq filed Amendment No. 1. See Section 

19(b)(3)(A) of the Act, and Rule 19b–4(f)(6)(iii) 

thereunder. 15 U.S.C. 78s(b)(1), 17 CFR 240.19b–

4(f)(6)(iii).

7Securities Exchange Act Release No. 46843 

(November 18, 2002), 67 FR 70471 (November 22, 

2002)(SR–NASD–2002–33).

8Securities Exchange Act Release No. 47477 

(March 10, 2003), 68 FR 13747 (March 20, 

2003)(SR–NASD–2003–27).

9Securities Exchange Act Release No. 48581 

(October 1, 2003), 68 FR 57945 (October 7, 

2003)(SR–NASD–2003–111).

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Federal Register Liaison Officer.

[FR Doc. 04–24015 Filed 10–26–04; 8:45 am] 

BILLING CODE 7590–01–P

U.S. POSTAL SERVICE BOARD OF 

GOVERNORS 

Sunshine Act Meeting

DATE AND TIMES: Thursday, November 4, 

2004; 10 a.m. and 3 p.m.

PLACE: Washington, DC, at U.S. Postal 

Service Headquarters, 475 L’Enfant 

Plaza, SW., in the Benjamin Franklin 

Room.

STATUS: November 4–10 a.m. (Closed); 3 

p.m. (Open).

MATTERS TO BE CONSIDERED: 

Thursday, November 4–10 a.m. (Closed) 

1. Financial Update. 

2. Proposed Filing with the Postal 

Rate Commission for Premium 

Forwarding Service. 

3. Rate Case Planning. 

4. Strategic Planning. 

5. Personnel Matters and 

Compensation Issues. 

Thursday, November 4—3 p.m. (Open) 

1. Minutes of the Previous Meeting, 

September 13 and 14, 2004. 

2. Remarks of the Postmaster General 

and CEO. 

3. Quarterly Report on Service 

Performance. 

4. Committee Reports. 

Thursday, November 4—3 p.m. (Open) 

[continued] 

5. Board of Governors Calendar Year 

2005 Meeting Schedule. 

6. Office of the Governors Fiscal Year 

2005 Budget. 

7. Capital Investment. 

a. Intelligent Mail Data Acquisition 

System. 

8. Tentative Agenda for the December 

7, 2004, meeting in Washington, DC.

CONTACT PERSON FOR FURTHER

INFORMATION: William T. Johnstone, 

Secretary of the Board, U.S. Postal 

Service, 475 L’Enfant Plaza, SW., 

Washington, DC 20250–1000. 

Telephone (202) 268–4800.

William T. Johnstone, 

Secretary.

[FR Doc. 04–24080 Filed 10–22–04; 4:12 pm] 

BILLING CODE 7710–12–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50571; File No. SR–NASD–

2004–146] 

Self-Regulatory Organizations; 

National Association of Securities 

Dealers, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change and Amendment No. 1 to 

Permanently Adopt Fees for TotalView 

Product 

October 20, 2004. 

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 

September 30, 2004, the National 

Association of Securities Dealers, Inc. 

(‘‘NASD’’), through its subsidiary, The 

Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), 

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 Nasdaq. On October 

12, 2004, Nasdaq filed an amendment to 

the proposal.3 Nasdaq filed the 

proposed rule change pursuant to 

section 19(b)(3)(A) of the Act 4 and Rule 

19b–4(f)(6) thereunder,5 which renders 

it effective upon filing with the 

Commission.6 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change, 

as amended, from interested persons.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

Nasdaq proposes to adopt 

permanently the TotalView data 

package and reduced fees assessed for 

those feeds. The proposed rule change 

will make permanent the pilot program 

that was in effect without making any 

substantive changes to the way the pilot 

has been operating. The text of the 

proposed rule change is available at 

NASD and at the Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

Nasdaq 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. Nasdaq 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 

In November 2002, the Commission 

approved a proposed rule change that 

established fees assessed for several 

products known as ‘‘ViewSuite,’’ which 

contain data from Nasdaq’s integrated 

quotation and execution system.7 To 

encourage the broadest possible display 

of the Nasdaq market center data 

contained in the ViewSuite products, 

Nasdaq then proposed an optional pilot 

program to offer an enterprise-wide 

license to distributors.8 This pilot 

allowed each distributor to provide a 

ViewSuite product to large numbers of 

subscribers for a fixed rate based upon 

a multiple of the incremental cost of the 

ViewSuite product and the size of that 

distributor’s reported subscriber base.

To support broad dissemination of the 

data and understanding by its 

customers, Nasdaq subsequently 

simplified and reduced the pricing for 

ViewSuite on a pilot basis.9 For the oneyear pilot, Nasdaq offered subscribers a