Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47849 

4 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

available to both members and nonmembers on annual subscription basis. 

The current subscription rate for both 

members and non-members is $600 per 

month. 

ISE also sells historical ISE Open/ 

Close Trade Profile, a market data 

offering comprised of the entire opening 

and closing trade data of both customers 

and firms that dates back to May 2005, 

to both members and non-members, on 

an ad-hoc basis or as a complete set that 

dates back to May 2005. Ad-hoc 

subscribers can purchase this data for 

any number of months, beginning from 

May 2005 through the current month. 

Alternatively, subscribers can purchase 

the entire set of this data, beginning 

from May 2005 through the current 

month. The historical ISE Open/Close 

Trade Profile is compiled and formatted 

by ISE and sold as a zipped file. ISE 

charges ad-hoc subscribers $600 per 

request for each month of data and a 

discounted fee of $500 per request per 

month for subscribers that want the 

complete set, i.e., from May 2005 to the 

present month. 

The Exchange now proposes to adopt 

reduced fees for subscriptions to 

historical ISE Open/Close Trade Profile 

by academic institutions. Occasionally, 

academic institutions inquire with the 

Exchange about subscribing to the 

historical ISE Open/Close Trade Profile 

for research purposes but are not 

inclined to pay the full price. In order 

to encourage and promote academic 

studies of its market data, ISE proposes 

to charge a flat rate of $500 for up to 12 

months of data or $1,000 for the 

complete data set. Academic 

institutions may not use the data in 

support of actual securities trading. The 

proposed discount applies only to the 

market data fees and does not cover any 

access or telecommunication charges 

that may be incurred by an academic 

institution. Moreover, with the adoption 

of reduced fees for academic 

institutions, ISE is not waiving any of its 

contractual rights and all academic 

institutions that subscribe to this data 

will be required to execute the 

appropriate subscriber agreement. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Exchange 

Act’’) for this proposed rule change is 

the requirement under Section 6(b)(4), 

that an exchange have an equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. The 

Exchange notes that the proposed fees 

are reasonable and equitable in that they 

are deeply discounted and apply 

equally to all academic institutions as 

long as the purpose for subscribing to 

the data is educational and not 

vocational. Further, the Exchange 

believes the proposed rule filing will 

promote academic research of market 

data which can be of benefit to all 

market participants. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(a) By order approve such proposed 

rule change; or 

(b) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–ISE–2009–64 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–ISE–2009–64. 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 ISE. 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–ISE–2009–64 and should be 

submitted on or before October 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.4

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–22391 Filed 9–16–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60634; File No. SR–BX– 

2009–055] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

of Proposed Rule Change To 

Retroactively Correct an Error in Rule 

7018 

September 8, 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 August 

28, 2009, NASDAQ OMX BX, Inc. 


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47850 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 

3The Commission notes that BX also refers to 

itself as the ‘‘Exchange’’ in this proposed rule 

change. 

4SR–BX–2009–049 (August 17, 2009). 

5Securities Exchange Act Release No. 59682 

(April 1, 2009), 74 FR 16015 (April 8, 2009) (SR– 

BX–2009–018). 

6See http://nasdaqomxbx.cchwallstreet.com/

NASDAQOMXBX/pdf/bx-filings/2009/SR-BX&-200-

018.pdf. 

7See http://www.sec.gov/rules/sro/bx/2009/34- 

59682.pdf. 

8See Securities Exchange Act Release No. 59682 

(April 1, 2009), 74 FR 16015 (April 8, 2009) (SR– 

BX–2009–018). 

9See http://www.nasdaqtrader.com/

TraderNews.aspx?id=ETA2009-16. 

10See http://www.nasdaqtrader.com/ 

Trader.aspx?id=bx_pricing. 

11 15 U.S.C. 78f. 

12 15 U.S.C. 78f(b)(5). 

(‘‘BX’’) 3 filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared by the Exchange. 

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 

BX is filing a proposed rule change to 

apply retroactively to the period from 

April 1, 2009 through August 16, 2009 

the correction made by SR–BX–2009– 

049 of a typographical error formerly in 

Rule 7018. There is no proposed rule 

text. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, BX 

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. 

BX 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 

BX recently submitted a filing to 

correct a typographical error in Rule 

7018.4 That filing was immediately 

effective upon the date of its filing, 

August 17, 2009. The purpose of this 

filing is to apply the correction of the 

typographical error retroactively to the 

period from April 1, 2009 through 

August 16, 2009. 

In SR–BX–2009–018,5 BX modified its 

pricing for execution of orders in 

securities listed on The NASDAQ Stock 

Market (‘‘NASDAQ’’) and the New York 

Stock Exchange (‘‘NYSE’’) by, among 

other things, replacing a charge to 

access liquidity of $0.0014 per share 

executed with a credit of $0.0006 per 

share executed. This change was 

accurately described in the ‘‘Purpose’’ 

section of BX’s Form 19b–4 filing,6 in 

the Commission’s notice of the filing on 

the SEC Web site 7 and in the Federal 

Register,8 in widely disseminated 

announcements of the pricing change,9

and in the pricing schedule that appears 

on BX’s market Web site.10 However, 

due to a typographical error, the credit 

incorrectly appeared as ‘‘$0.006’’ in 

Exhibit 5 to the filing. 

BX has been billing members in 

accordance with the correct fee since 

the effective date of the change in April 

2009, and accordingly believes that all 

of its members that trade on the 

NASDAQ OMX BX Equities System are 

cognizant of the correct fee. BX 

submitted SR–BX–2009–049 on an 

immediately effective basis to correct 

the error, and is now submitting this 

filing to seek Commission approval to 

apply the correction retroactively to the 

period from April 1, 2009 through 

August 16, 2009. 

2. Statutory Basis 

BX believes that the proposed rule 

change is consistent with the provisions 

of Section 6 of the Act,11 in general, and 

with Section 6(b)(5) of the Act,12 in 

particular, in that it is designed to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system. The 

proposed rule change will ensure that a 

recently filed correction of a 

typographical error in BX Rule 7018 is 

applied retroactively throughout the 

entire period when the error was in the 

rule. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

BX does not believe that the proposed 

rule change will result in any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change, or 

B. institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–BX–2009–055 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, Station Place, 100 F Street, 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–BX–2009–055. 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 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47851 

13 17 CFR 200.30–3(a)(12). 

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–BX– 

2009–055 and should be submitted on 

or before October 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–22366 Filed 9–16–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2009–0063] 

Notice of Senior Executive Service 

Performance Review Board 

Membership 

AGENCY: Social Security Administration. 

ACTION: Notice of Senior Executive 

Service Performance Review Board 

Membership. 

Title 5, U.S. Code 4314 (c)(4), requires 

that the appointment of Performance 

Review Board members be published in 

the Federal Register before service on 

said Board begins. 

The following persons will serve on 

the Performance Review Board which 

oversees the evaluation of performance 

appraisals of Senior Executive Service 

members of the Social Security 

Administration: 

Sean Brune * 

JoEllen Felice 

Alan Heim * 

Pete Herrera 

Bonnie Kind * 

Eileen McDaniel 

Marcia Mosley 

Steven Patrick * 

Ronald Raborg 

Roy Snyder 

Tina Waddell 

Daryl Wise * 

* New Member 

Dated: September 11, 2009 

Reginald F. Wells, 

Deputy Commissioner for Human Resources. 

[FR Doc. E9–22394 Filed 9–16–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending September 5, 

2009 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1383 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2009– 

0213. 

Date Filed: September 3, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: PTC3 South Asian 

Subcontinent—South East Asia. PTC3 

Within South East Asia except between 

Malaysia and Guam PTC3 South East 

Asia—Japan, Korea except between 

Korea (Rep. of) and Guam, Northern 

Mariana Islands Special Passenger 

Amending Resolution from Viet Nam to 

South Asian Subcontinent, South East 

Asia, Japan, Korea (Memo 1316). 

Intended effective date: 15 September 

2009. 

Renee V. Wright, 

Program Manager, Docket Operations Federal 

Register Liaison. 

[FR Doc. E9–22418 Filed 9–16–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Privacy Act of 1974: Systems of 

Records 

AGENCY: Maritime Administration 

(MARAD), DOT. 

ACTION: Notice to establish systems of 

records. 

SUMMARY: DOT intends to establish 

systems of records under the Privacy 

Act of 1974. 

DATES: Effective Date: October 27, 2009. 

If no comments are received, the 

proposal will become effective on the 

above date. If comments are received, 

the comments will be considered and, 

where adopted, the documents will be 

republished with changes. 

ADDRESSES: Send comments to: Habib 

Azarsina, Departmental Privacy Officer, 

S–80, United States Department of 

Transportation, Office of the Secretary 

of Transportation, 1200 New Jersey 

Ave., SE., Washington, DC 20590, or 

habib.azarsina@dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Habib Azarsina, Departmental Privacy 

Officer, S–80, United States Department 

of Transportation, Office of the 

Secretary of Transportation, 1200 New 

Jersey Ave., SE., Washington, DC 20590, 

telephone 202–366–1965 or 

habib.azarsina@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Transportation system of 

records notice subject to the Privacy Act 

of 1974 (5 U.S.C. 552a), as amended, has 

been published in the Federal Register 

and is available from the above 

mentioned address. 

System Number: 

DOT/MARAD 31 

SYSTEM NAME: 

Mariner Outreach System (MOS). 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive. 

SYSTEM LOCATION: 

NCCIPS Data Center Loading Dock, 

Cypress Loop Road, Building 9323, 

Stennis Space Center, MS 39529. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM OF RECORDS: 

The Mariner Outreach System (MOS) 

contains information about U.S. Coast 

Guard (USCG) mariners. MOS provides 

a systematic way to monitor the 

adequacy of our nation’s merchant 

mariner pool and to track and maintain 

contact information and qualifications 

of mariners. Therefore, there is the 

potential for the following categories of 

individual’s information to be covered 

by this system: 

• Data about mariners who hold or 

previously held a USCG credential. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

MOS contains the following types of 

information: 

• Information from the Merchant 

Mariner License and Documentation 

(MMLD) including personal data such 

as last 4 digits of SSN, date of birth 

(DOB), place of birth (POB). 

• Mariners updated contact 

information, e.g., address, e-mail(s), and 

phone number(s). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

National Security Directive #28 

(October 5, 1989), Merchant Marine Act 

of 1936; Maritime Security Act of 2003 

(Pub. L. 108–136). 

PURPOSES: 

MOS is an invaluable tool for MARAD 

and its partners to make valid vessel 

and human resources projections; 

identify potential mariner shortfalls; 

allow mariners to provide up-to-date/ 


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