22988 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (74 FR 10971 & 10972 on 

March 13, 2009) required by 44 U.S.C. 

3506(c)(2). That request elicited no 

comments. 

Information Collection Request (ICR) 

Title: Pension Plan Reports. 

OMB Control Number: OMB 3220– 

0089. 

Form(s) submitted: G–88p, G–88r and 

G88r.1. 

Expiration date of current OMB 

clearance: 5/31/2009. 

Type of request: Extension with 

change of a currently approved 

collection. 

Affected public: Business or other for 

profit. 

Abstract: The Railroad Retirement Act 

provides for payment of a supplemental 

annuity to a qualified railroad 

retirement annuitant. The collection 

obtains information from the annuitant’s 

employer to determine (a) the existence 

of a railroad employer pension plans 

and whether such plans, if they exist, 

require a reduction to supplemental 

annuities paid to the employer’s former 

employees and (b) the amount of 

supplemental annuities due railroad 

employees. 

Changes Proposed: The RRB proposes 

no changes to the forms in the 

collection. 

The total burden estimate for the ICR 

is as follows: 

Estimated annual number of 

respondents: 500. 

Total annual responses: 765. 

Total annual reporting hours: 103. 

Additional Information or Comments: 

Copies of the form and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer at (312–751–3363) or 

Charles.Mierzwa@rrb.gov. 

Comments regarding the information 

collection should be addressed to 

Ronald J. Hodapp, Railroad Retirement 

Board, 844 North Rush Street, Chicago, 

Illinois, 60611–2092 or 

Ronald.Hodapp@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E9–11404 Filed 5–14–09; 8:45 am] 

BILLING CODE 7905–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11740 and #11741] 

Alabama Disaster #AL–00022 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Alabama (FEMA–1836–DR), 

dated 05/08/2009. 

Incident: Severe Storms, Flooding, 

Tornadoes, and Straight-line Winds. 

Incident Period: 04/10/2009 through 

04/13/2009. 

Effective Date: 05/08/2009. 

Physical Loan Application Deadline 

Date: 07/07/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 02/08/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

05/08/2009, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Cullman, Dekalb, 

Jackson, Jefferson, Marshall. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 4.500. 

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000. 

The number assigned to this disaster 

for physical damage is 11740B and for 

economic injury is 11741B. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–11391 Filed 5–14–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 489 and Form F–N; SEC File 

No. 270–361; OMB Control No. 3235– 

0411. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below: 

Rule 489 (17 CFR 230.489) under the 

Securities Act of 1933 (15 U.S.C. 77a et 

seq.) requires foreign banks and foreign 

insurance companies and holding 

companies and finance subsidiaries of 

foreign banks and foreign insurance 

companies that are exempted from the 

definition of ‘‘investment company’’ by 

virtue of Rules 3a–1 (17 CFR 270.3a–1), 

3a–5 (17 CFR 270.3a–5), and 3a–6 (17 

CFR 270.3a–6) under the Investment 

Company Act of 1940 (15 U.S.C. 80a–1 

et seq.) to file Form F–N (17 CFR 

239.43), under the Securities Act of 

1933 to appoint an agent for service of 

process when making a public offering 

of securities in the United States. 

Approximately 19 entities are required 

by Rule 489 to file Form F–N, which is 

estimated to require an average of one 

hour to complete. The estimated annual 

burden of complying with the rule’s 

filing requirement is approximately 24 

hours, as some of the entities submitted 

multiple filings. 

The estimates of average burden hours 

are made solely for the purposes of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) and are not derived 

from a comprehensive or even 

representative survey or study of the 

cost of Commission rules and forms. 

The collection of information under 

Form F–N is mandatory. The 

information provided by the Form is not 

kept confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid control number. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 22989 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59681 

(April 1, 2009), 74 FR 16017. 

4See Securities Exchange Act Release No. 59544 

(March 9, 2009), 74 FR 11162 (March 16, 2009) (SR– 

NYSE–2008–131). 

5 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

6 15 U.S.C. 78f(b)(4). 

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

8 15 U.S.C. 78f(b)(8). 

9 17 CFR 242.603(a). 

10NYSE is an exclusive processor of NYSE depthof-book data under Section 3(a)(22)(B) of the Act, 

15 U.S.C. 78c(a)(22)(B), which defines an exclusive 

processor as, among other things, an exchange that 

distributes information with respect to quotations 

or transactions on an exclusive basis on its own 

behalf. 

11Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (SR–NYSEArca–2006–21) (‘‘NYSE Arca 

Order’’). In the NYSE Arca Order, the Commission 

describes in great detail the competitive factors that 

apply to non-core market data products. The 

Commission hereby incorporates by reference the 

data and analysis from the NYSE Arca Order into 

this order. 

12See Securities Exchange Act Release No. 59544 

(March 9, 2009), 74 FR 11162 (March 16, 2009) (SR– 

NYSE–2008–131). 

13 15 U.S.C. 78s(b)(2). 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: May 11, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11361 Filed 5–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59898; File No. SR–NYSE– 

2009–37] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Order 

Approving Proposed Rule Change 

Implementing a Cap on Vendors’ 

Administrative Charges for NYSE 

OpenBook 

May 11, 2009. 

I. Introduction 

On March 26, 2009, the New York 

Stock Exchange LLC (‘‘NYSE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (the ‘‘Act’’),1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

introduce a cap on the monthly charges 

that broker-dealers and vendors are 

required to pay for their use of NYSE 

OpenBook data for the purposes of 

administering their provision of NYSE 

OpenBook product offerings. The 

proposed rule change was published for 

comment in the Federal Register on 

April 8, 2009.3 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change. 

II. Description of the Proposal 

The Exchange proposes to introduce a 

cap on the monthly charges that brokerdealers and vendors are required to pay 

for their use of NYSE OpenBook data for 

the purposes of administering their 

provision of NYSE OpenBook product 

offerings. A one-year pilot program to 

simplify and modernize market data 

administration (the ‘‘Unit of Count 

Filing’’) was recently approved for its 

NYSE OpenBook product packages.4

The Unit of Count Filing redefined some 

of the basic ‘‘units of measure’’ that 

vendors are required to report to the 

Exchange and on which the Exchange 

bases its fees for its NYSE OpenBook 

product packages. 

Under the proposal, the Exchange 

proposes to establish a maximum 

monthly amount of $1500 (the 

‘‘Monthly Maximum’’) for entitlements 

consisting of unique individuals within 

a vendor’s organization to whom the 

vendor distributes NYSE OpenBook 

data for the sole purpose of 

administering the vendor’s distribution 

of NYSE OpenBook services externally 

to the vendor’s customers. The Monthly 

Maximum of $1500 means that a vendor 

would have to pay for no more than 25 

NYSE OpenBook administrative 

personnel. 

III. Discussion and Commission 

Findings 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.5 In 

particular, the Commission finds that 

the proposal is consistent with Section 

6(b)(4) of the Act,6 which requires 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) 7 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, and not be designed to 

permit unfair discrimination between 

customers, issuers, brokers, or dealers. 

The Commission also finds that the 

proposed rule change is consistent with 

the provisions of Section 6(b)(8) of the 

Act,8 which requires that the rules of an 

exchange not impose any burden on 

competition not necessary or 

appropriate in furtherance of the 

purposes of the Act. Finally, the 

Commission finds that the proposed 

rule change is consistent with Rule 

603(a) of Regulation NMS,9 adopted 

under Section 11A(c)(1) of the Act, 

which requires an exclusive processor 

that distributes information with respect 

to quotations for or transactions in an 

NMS stock to do so on terms that are 

fair and reasonable and that are not 

unreasonably discriminatory.10

This proposal would cap the fees for 

NYSE OpenBook when used by vendors 

for administrative purposes. The 

Commission has reviewed the proposal 

using the approach set forth in the 

NYSE Arca Order for non-core market 

data fees.11 The Commission recently 

found that NYSE was subject to 

significant competitive forces in setting 

fees for its depth-of-book order data in 

the Unit of Count Filing.12 There are a 

variety of alternative sources of 

information that impose significant 

competitive pressures on the NYSE 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 NYSE’s compelling need to attract 

order flow, imposed significant 

competitive pressure on the NYSE to act 

equitably, fairly, and reasonably in 

setting the terms of its proposal. 

Because the NYSE 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. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,13 that the 

proposed rule change (SR–NYSE–2009– 

37) is hereby approved.