Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices 1273 

14The Network A nonprofessional subscriber 

agreement has been in effect since the CTA and CQ 

Plan Participants first filed it with the Commission 

in 1983. See Release No. 34–20385 (November 17, 

1983). 

15 15 U.S.C. 78f(b)(4). 

16 15 U.S.C. 78f(b)(5). 17 17 CFR 200.30–3(a)(12). 

access fees. This will essentially lower 

their fees from $5,000 per month to $60 

per month per individual and device. In 

addition, the ‘‘Subscriber’’ metric 

should reduce administrative costs, as it 

should simplify the processes of 

counting customer entitlements and 

reporting. 

The introduction of the proposed 

nonprofessional Subscriber Fee, subject 

to the monthly Maximum Amount 

payable, will respond to the growing 

demand from broker-dealers to provide 

depth-of-book information to their 

account-holding customers. It will lower 

the fees payable for NYSE OpenBook 

data in respect of nonprofessional 

Subscribers from $60 per month per 

individual and device to $15 per month 

per individual and device. 

The Exchange believes that the 

nonprofessional Subscriber Fee reflects 

an equitable allocation of its overall 

costs to users of its facilities. The 

Exchange believes that the proposed fee 

and the Maximum Amount are fair and 

reasonable and that it is fair and 

reasonable to charge nonprofessional 

subscribers lower rates than their 

professional subscriber counterparts. 

(j) Contracts. The Exchange will 

require each nonprofessional Subscriber 

that receives NYSE OpenBook Realtime 

or NYSE OpenBook Ultra from a vendor, 

broker-dealer or other entity to enter 

into the Network A nonprofessional 

subscriber agreement or an agreement 

that incorporates the essential terms of 

the nonprofessional subscriber 

agreement.14

2. Statutory Basis 

The bases under the Securities 

Exchange Act of 1934 (the ‘‘1934 Act’’) 

for the proposed rule change are the 

requirement under section 6(b)(4) 15 that 

an exchange have rules that provide for 

the equitable allocation of reasonable 

dues, fees and other charges among its 

members and other persons using its 

facilities and the requirements under 

section 6(b)(5) 16 that the rules of an 

exchange be 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. 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments 

regarding the 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 Exchange consents, 

the Commission will: 

(A) By order approve the 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–NYSE–2008–131 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–NYSE–2008–131. 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– 

2008–131 and should be submitted on 

or before February 2, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–348 Filed 1–9–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6480] 

In the Matter of the Review of the 

Designation of Mujahedin-e Khalq 

Organization (MEK), and All 

Designated Aliases, as a Foreign 

Terrorist Organization Upon Petition 

Filed Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

The MEK filed a petition for 

revocation of its designation as a foreign 

terrorist organization (the ‘‘Petition’’). 

Based upon a review of the 

Administrative Record assembled in 

this matter, including the Petition and 

associated filings by the MEK, pursuant 

to Section 219(a)(4)(B) of the 

Immigration and Nationality Act, as 

amended (8 U.S.C. 1189(a)(4)(B)) 

(‘‘INA’’), and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that the 

circumstances that were the basis for the 

2003 re-designation of the 

aforementioned organization as a 


sroberts on PROD1PC70 with NOTICES
1274 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices 

foreign terrorist organization have not 

changed in such a manner as to warrant 

revocation of the designation and that 

the national security of the United 

States does not warrant a revocation. 

Therefore, I hereby determine that the 

designation of the aforementioned 

organization as a foreign terrorist 

organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: January 7, 2009. 

Condoleezza Rice, 

Secretary of State, Department of State. 

[FR Doc. E9–474 Filed 1–9–09; 8:45 am] 

BILLING CODE 4710–10–P 

TRADE AND DEVELOPMENT AGENCY 

SES Performance Review Board 

AGENCY: U.S. Trade and Development 

Agency. 

ACTION: Notice. 

SUMMARY: Notice is hereby given of the 

appointment of members of the U.S. 

Trade and Development Agency’s 

Performance Review Board. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Hum, Administrative Officer, 

U.S. Trade and Development Agency, 

1000 Wilson Boulevard, Suite 1600, 

Arlington, VA 22209 (703) 875–4357. 

SUPPLEMENTARY INFORMATION: Section 

4314(c)(1) through (5), U.S.C., requires 

that each agency establish, in 

accordance with regulations prescribed 

by the Office of Personnel Management, 

one or more SES Performance Review 

Boards. The Board shall review and 

evaluate the initial appraisal of a senior 

executive’s performance by the 

supervisor, along with any 

recommendations to the appointing 

authority relative to the performance of 

the senior executive. 

The following have been selected as 

acting members of the Performance 

Review Board of the U.S. Trade and 

Development Agency: Leocadia Zak, 

Deputy Director, U.S. Trade and 

Development Agency; Geoffrey Jackson, 

Director for Policy and Program, U.S. 

Trade and Development Agency; 

Thomas Hardy, Chief of Staff, U.S. 

Trade and Development Agency; and 

James Wilderotter, General Counsel, 

U.S. Trade and Development Agency. 

Dated: January 7, 2009. 

Carolyn Hum, 

Administrative Officer. 

[FR Doc. E9–373 Filed 1–9–09; 8:45 am] 

BILLING CODE 8040–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Seeking OMB Approval 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) revision of a current information 

collection. The Federal Register Notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on October 

24, 2008, vol. 73, no. 207, page 63541. 

Information to be collected supports 

FAA in determining the amount of 

required liability insurance for a reentry 

operator after examining the risk 

associated with a reentry vehicle, its 

operational capabilities, and its 

designated reentry site. 

DATES: Please submit comments by 

February 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Carla Mauney at Carla.Mauney@faa.gov. 

SUPPLEMENTARY INFORMATION: Federal 

Aviation Administration (FAA) 

Title: Financial Responsibility 

Requirements for Licensed Reentry 

Activities. 

Type of Request: Revision of a 

currently approved collection. 

OMB Control Number: 2120–0649. 

Forms(s) There are no FAA forms 

associated with this collection. 

Affected Public: An estimated 1 

Respondent. 

Frequency: This information is 

collected on occasion. 

Estimated Average Burden Per 

Response: Approximately 300 hours per 

response. 

Estimated Annual Burden Hours: An 

estimated 300 hours annually. 

Abstract: Information to be collected 

supports FAA in determining the 

amount of required liability insurance 

for a reentry operator after examining 

the risk associated with a reentry 

vehicle, its operational capabilities, and 

its designated reentry site. 

Addresses: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to the attention of the Desk Officer, 

Department of Transportation/FAA, and 

sent via electronic mail to 

oira_submission@omb.eop.gov, or faxed 

to (202) 395–6974, or mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Docket Library, Room 10102, 

725 17th Street, NW., Washington, DC 

20503. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimates of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued in Washington, DC, on Jan. 5, 2009. 

Carla Mauney, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, AES–200. 

[FR Doc. E9–340 Filed 1–9–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Seeking OMB Approval 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB’s) revision of a current 

information collection. The Federal 

Register Notice with a 60-day comment 

period soliciting comments on the 

following collection of information was 

published on October 24, 2008, vol. 73, 

no. 207, page 63541. The rule allows 

experienced pilots who would 

otherwise qualify as flight instructors or 

check airmen, but who are not eligible 

to hold the requisite medical certificate, 

to perform flight instructor or check 

airmen functions in a simulator. 

DATES: Please submit comments by 

February 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Carla Mauney at Carla.Mauney@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Training and Qualification 

Requirements for Check Airmen and 

Flight Instructors. 

Type of Request: Extension without 

change of a currently approved 

collection. 

OMB Control Number: 2120–0600. 


sroberts on PROD1PC70 with NOTICES