Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 14607 

31See NYSE Arca Order at 74783. 

32See Richard Posner, Economic Analysis of Law 

§ 9.1 (5th ed. 1998) (discussing the theory of 

monopolies and pricing). See also U.S. Dep’t of 

Justice & Fed’l Trade Comm’n, Horizontal Merger 

Guidelines § 1.11 (1992), as revised (1997) 

(explaining the importance of alternatives to the 

presence of competition and the definition of 

markets and market power). Courts frequently refer 

to the Department of Justice and Federal Trade 

Commission merger guidelines to define product 

markets and evaluate market power. See, e.g., FTC 

v. Whole Foods Market, Inc., 502 F. Supp. 2d 1 

(D.D.C. 2007); FTC v. Arch Coal, Inc., 329 F. Supp. 

2d 109 (D.D.C. 2004). In considering antitrust 

issues, courts have recognized the value of 

competition in producing lower prices. See, e.g., 

Leegin Creative Leather Products v. PSKS, Inc., 127 

S. Ct. 2705 (2007); Atlanta Richfield Co. v. United 

States Petroleum Co., 495 U.S. 328 (1990); 

Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 

475 U.S. 574 (1986); State Oil Co. v. Khan, 522 U.S. 

3 (1997); Northern Pacific Railway Co. v. U.S., 356 

U.S. 1 (1958). 

33See NYSE Arca Order at 74783. 

34 Id. 

35 Id. 

36See NYSE Arca Order at 74784. 

37 Id. 

38See proposed Equity Rule 7030(d). 

39See proposed Equity Rule 7030(b). 

40See proposed Equity Rule 7031. 

41 15 U.S.C. 78s(b)(2). 

42 17 CFR 200.30–3(a)(12). 

the same customers on whose orders it 

depends for competitive survival.31

In addition to the need to attract order 

flow, the availability of alternatives to 

BX’s TotalView data significantly affect 

the terms on which BX can distribute 

this market data.32 In setting the fees for 

its BX TotalView data, BX must 

consider the extent to which market 

participants would choose one or more 

alternatives instead of purchasing the 

exchange’s data.33 Of course, the most 

basic source of information generally 

available at an exchange is the complete 

record of an exchange’s transactions that 

is provided in the core data feeds.34 In 

this respect, the core data feeds that 

include an exchange’s own transaction 

information are a significant alternative 

to the exchange’s market data product.35

For more specific information 

concerning depth, market participants 

can choose among products offered by 

the various exchanges and ECNs.36 The 

various self-regulatory organizations, 

the several Trade Reporting Facilities of 

FINRA, and ECNs that produce 

proprietary data are all sources of 

competition. In addition, market 

participants can assess depth with tools 

other than market data, such as 

‘‘pinging’’ orders that search out both 

displayed and nondisplayed size at all 

price points within an order’s limit 

price.37

In sum, there are a variety of 

alternative sources of information that 

impose significant competitive 

pressures on the BX in setting the terms 

for distributing its depth-of-book order 

data. The Commission believes that the 

availability of those alternatives, as well 

as the BX’s compelling need to attract 

order flow, imposed significant 

competitive pressure on the BX to act 

equitably, fairly, and reasonably in 

setting the terms of its proposal. 

Because the BX was subject to 

significant competitive forces in setting 

the terms of the proposal, the 

Commission will approve the proposal 

in the absence of a substantial 

countervailing basis to find that its 

terms nevertheless fail to meet an 

applicable requirement of the Act or the 

rules thereunder. An analysis of the 

proposal does not provide such a basis. 

Further, the Commission did not receive 

any comment letters raising concerns of 

a substantial countervailing basis that 

the terms of the proposal failed to meet 

the requirements of the Act or the rules 

thereunder. 

The Commission notes that BX is 

effectively entering the competitive 

markets for equities trading as a start-up 

venture. If its fees are not set at a level 

that will promote competition in these 

markets, potential users will simply 

continue to obtain services from the 

Exchange’s multiple competitors. 

Accordingly, the Exchange must set fees 

for market data and transaction 

executions that promote the Exchange 

as a trading venue. If its fees are set at 

inappropriately high levels, market 

participants will seek to avoid using the 

Exchange, and the Exchange’ market 

data will have little value to market 

participants. Thus, consistent with the 

analysis set forth in the NYSE Arca 

Order, the Exchange’s operations, 

products and services must be designed 

to promote competition in order to 

succeed and provide market 

participants with viable and costeffective alternatives to existing 

competitors. 

B. Testing and Other Fees 

The Exchange proposes to establish 

new fees for its testing facility at the 

rates of $285 per hour for an active 

connection during the facility’s normal 

operating hours and $333 per hour for 

an active connection at other times. 

Under the proposal, the Exchange will 

waive fees for testing of new, enhanced, 

or modified services and/or software 

offered by the Exchange, as well as for 

modifications initiated by the Exchange 

and for a 30-day period for new 

subscribers to existing services, the 

testing fees will not be charged until the 

later of (i) approval of this filing, or (ii) 

30 days after the launch of the NASDAQ 

OMX BX Equities System. Thereafter, 

fees will be waived for a 30-day period 

for each new market participant. The 

Commission notes that the Exchanges’s 

new fees for its testing facility are at 

levels identical to the fees for the 

NASDAQ Exchange’s testing facility.38

In addition, the Exchange proposes 

new fee rules related to special data 

requests to allow the Exchange to 

recoup costs associated with responding 

to ad hoc requests for market data, such 

as requests that may be made by news 

reporters or academic researchers.39 The 

Exchange also proposes fees for partial 

month charges to enable market data 

distributors to elect to be billed on a 

prorated basis during the month of 

initiation or termination of service.40

The Commission notes that these new 

fees for special data requests and partial 

month charges are similar to 

corresponding NASDAQ Exchange 

rules. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,41 that the 

proposed rule change (SR–BX–2009– 

005) be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.42

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7085 Filed 3–30–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF STATE 

[Public Notice 6562] 

60-Day Notice of Proposed Information 

Collection: DS–0174, Application for 

Employment as a Locally Employed 

Staff or Family Member, OMB Control 

Number 1405–XXXX 

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: 

Department of State Application for 

Employment as a Locally Employed 

Staff or Family Member. 

• OMB Control Number: 1405–XXXX. 

• Type of Request: New collection. 


tjames on PRODPC61 with NOTICES
14608 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 

• Originating Office: Bureau of 

Human Resources, Office of Overseas 

Employment (HR/OE). 

• Form Number: DS–0174. 

• Respondents: Candidates seeking 

employment at U.S. Missions abroad, 

including family members of Foreign 

Service, Civil Service, and uniformed 

service members officially assigned to 

the Mission and under Chief of Mission 

authority. 

• Estimated Number of Respondents: 

40,000. 

• Estimated Number of Responses: 

40,000. 

• Average Hours per Response: 1 

hour. 

• Total Estimated Burden: 40,000. 

• Frequency: On occasion. 

• Obligation to Respond: Required to 

obtain a benefit. 

DATES: The Department will accept 

comments from the public up to 60 days 

from March 31, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: McCoyFV@state.gov. 

• Mail (Paper, Disk, or CD–ROM 

Submissions): U.S. Department of 

State—SA–1, HR/OE, Room 615H, 

Attention: Frank Venson McCoy, 2401 E 

Street NW., Washington, DC 20522. 

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 

Frank Venson McCoy, Bureau of Human 

Resources, Office of Overseas 

Employment, U.S. Department of State, 

Washington, DC 20520, who may be 

reached on 202–261–8836 or at 

McCoyFV@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–0174, Application for 

Employment as a Locally Employed 

Staff or Family Member, is needed to 

meet information collection 

requirements for recruitments 

conducted at approximately 170 U.S. 

embassies and consulates throughout 

the world. Current employment 

application forms do not meet the 

unique requirements of Mission 

recruitment (e.g., language skills and 

hiring preferences) under the FS Act of 

1980 and 22 U.S.C. 2669(c). The DS 

–0174 is needed to improve data 

gathering and to clarify interpretation of 

candidate responses. 

Methodology 

Candidates for employment use the 

DS–0174 to apply for Missionadvertised positions throughout the 

world. Mission recruitments generate 

approximately 40,000 applications per 

year. Data that HR and hiring officials 

extract from the DS–0174 determines 

eligibility for employment, 

qualifications for the position, and 

selections according to Federal policies. 

Dated: March 4, 2009. 

Ruben Torres, 

Director, HR/EX, Department of State. 

[FR Doc. E9–7212 Filed 3–30–09; 8:45 am] 

BILLING CODE 4710–15–P 

TENNESSEE VALLEY AUTHORITY 

Sunshine Act 

AGENCY HOLDING THE MEETING: 

Tennessee Valley Authority (Meeting 

No. 09–02). 

TIME AND DATE: 10 a.m. (EDT), April 2, 

2009, The Millennium Center, 

Appalachian Ballroom A, 2001 

Millennium Place, Johnson City, 

Tennessee. 

STATUS: Open. 

Agenda 

Old Business 

Approval of minutes of February 12, 

2009, Board Meeting. 

New Business 

1. Chairman’s Report. 

2. President’s Report. 

3. Report of the Finance, Strategy, 

Rates, and Administration Committee. 

A. Annual price quote for directly 

served customer. 

B. Seasonal Time-Of-Use and 

Seasonal Market Days pilot pricing for 

summer season. 

4. Report of the Operations, 

Environment, and Safety Committee. 

A. Contract with Siemens Energy, 

Inc., for parts and services for nuclear 

and fossil plants. 

B. Contracts with AREVA NC, Inc., 

and Urenco Enrichment Company for 

uranium (nuclear fuels). 

C. Contract extension with United 

States Enrichment Corporation for 

uranium hexafluoride and enrichment. 

D. Contract with G–UB–MK for 

maintenance and modification work for 

fossil and hydro plants. 

E. Contract with GE for combustion 

turbines alliance. 

F. Renewables and clean energy 

purchases. 

5. Report of the Community Relations 

and Energy Efficiency Committee. 

A. Beech River Watershed 

Development Agency land sale. 

For more information: Please call 

TVA Media Relations at (865) 632–6000, 

Knoxville, Tennessee. People who plan 

to attend the meeting and have special 

needs should call (865) 632–6000. 

Anyone who wishes to comment on any 

of the agenda in writing may send their 

comments to: TVA Board of Directors, 

Board Agenda Comments, 400 West 

Summit Hill Drive, Knoxville, 

Tennessee 37902. 

Dated: March 26, 2009. 

Maureen H. Dunn, 

General Counsel and Secretary. 

[FR Doc. E9–7266 Filed 3–27–09; 11:15 am] 

BILLING CODE 8120–08–P 

TENNESSEE VALLEY AUTHORITY 

Privacy Act of 1974: Notice of System 

of Records 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Notice; correction of system of 

records. 

SUMMARY: In accordance with 5 U.S.C. 

552a(e)(4), the Tennessee Valley 

Authority (TVA) republished in full a 

notice of the existence and character of 

each TVA system of records. The 

notices were published at 73 FR 62788– 

62814, Oct. 21, 2008. 

TVA is correcting the system of 

records notice, TVA–31, OIG 

Investigative Records–TVA. 

DATES: This correction is effective 

March 31, 2009. 

ADDRESSES: Address all comments 

concerning this notice to Mark R. 

Winter, Privacy Coordinator, TVA, 1101 

Market Street (MP 3C), Chattanooga, TN 

37402–2801. 

FOR FURTHER INFORMATION CONTACT: 

Mark R. Winter at (423) 751–6004. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 U.S.C. 552a(e)(4), 


tjames on PRODPC61 with NOTICES