23916 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

accelerated approval would provide clarity without 

delay. See also Securities Exchange Act Release No. 

57347 (February 19, 2008), 73 FR 10080 (February 

25, 2008) (SR–NASDAQ–2007–100) (Order 

Approving Proposed Rule Change to Nasdaq Rule 

7033 To Modify the Fees Charged for the Mutual 

Fund Quotation Service and To Correct Certain 

Errors in the Rule Manual). The Commission 

approved a Nasdaq proposal seeking retroactive 

approval for the implementation of previously 

approved Mutual Fund Quotation Service 

(‘‘MFQS’’) fees which Nasdaq failed to transfer from 

the NASD rule to the corresponding Nasdaq rule 

when Nasdaq commenced operations as a national 

securities exchange, more than one and one half 

year earlier, on August 1, 2006. The Commission 

stated that such approval was appropriate as it 

corrected an omission in Nasdaq’s rules. See also 

Securities Exchange Act Release No. 56240 (August 

13, 2007), 72 FR 46527 (August 20, 2007) (SR–ISE– 

2007–49) (Order Approving Proposed Rule Change 

Relating to Fee Changes on a Retroactive Basis). The 

Commission stated that application of the 

amendments to ISE’s Schedule of Fees on a 

retroactive basis, to a point in time approximately 

six months prior, were appropriate and aligned 

revenue collected from members with license costs 

charged to ISE. 

7See BOX Information Circular entitled 

‘‘Amended BOX Fee Schedule—Expansion of 

‘‘Make or Take’’ and Elimination of Minimum 

Activity Charger (MAC)’’ that was distributed to 

Participants on November 28, 2007 which stated 

that the establishment of the Make or Take Credit 

set forth in the then proposed rule filing SR–BSE– 

2007–52 would not impact Volume Discounts. 

Specifically, the BOX Information Circular stated: 

‘‘Current discounts based upon average daily 

volumes (ADV) of over 25,000 and 50,000 contracts 

will be maintained.’’ 

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

9 15 U.S.C. 78f(b)(4). 10 17 CFR 200.30–3(a)(12). 

believes that the inadvertent elimination 

of the language in question from the 

BOX Fee Schedule did not alter BOX 

Market Makers’ understanding that 

Make or Take volume was excluded 

from the calculation of the Volume 

Discount.7

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,8

in general, and Section 6(b)(4) of the 

Act,9 in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. The 

proposed changes will result in 

clarification of the fees charged for 

trading activity on BOX. The Exchange 

believes that retroactive approval of the 

proposed rule change will clarify the 

BOX Fee Schedule and eliminate any 

concern of inequitable allocation of fees 

as between the Market Makers and other 

Options Participants during the 

retroactive period. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange 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. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

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–BX–2009–025 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–BX–2009–025. 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 the 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–BX– 

2009–025 and should be submitted on 

or before June 11, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11810 Filed 5–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions and extensions of 

OMB-approved information collections 

and a new collection. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers shown 

below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23917 

(SSA), Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1332 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400, E-mail address: 

OPLM.RCO@ssa.gov. 

I. The information collection below is 

pending at SSA. SSA will submit it to 

OMB within 60 days from the date of 

this notice. To be sure we consider your 

comments, we must receive them no 

later than July 20, 2009. Individuals can 

obtain copies of the collection 

instrument by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the e-mail address we list 

above. 

1. Disability Report—Adult—20 CFR 

404.1512, 416.912—0960–0579. State 

Disability Determination Services (DDS) 

use the information collected by the 

SSA–3368 and its electronic versions to 

determine if an adult disability 

applicant’s impairment(s) is severe and, 

if so, how the impairment(s) affects the 

applicant’s ability to work. This 

determination dictates whether the 

DDSs and SSA will find the applicant 

to be disabled. Therefore, the 

information the DDSs collect on this 

form is crucial in making disability 

determinations for all adult claimants 

filing for SSA disability benefits and/or 

Supplemental Security Income (SSI) 

payments. The respondents are 

applicants for Title II benefits and/or 

Title XVI payments. 

Type of Request: Revision of an OMBapproved information collection. 

Collection method Number of respondents 

Frequency of 

response 

Average burden per response 

(hours) 

Estimated annual burden 

(hours) 

SSA–3368 (Paper Form) ................................................................................. 22,950 1 1 22,950 

Electronic Disability Collection System (EDCS) .............................................. 2,238,826 1 1 2,238,826 

i3368 (Internet) ................................................................................................ 319,994 1 11⁄2 479,991 

i3368PRO (Internet professional users-rollout only) ....................................... 10,264 1 11⁄2 15,396 

Totals ........................................................................................................ 2,592,034 ........................ ........................ 2,757,163 

2. Function Report Adult-Third 

Party—20 CFR 404.1512 & 416.912— 

0960–0635. Disability Determination 

Services (DDS) use the information from 

the SSA–3380-BK to determine 

eligibility for SSI and Social Security 

Disability Insurance (SSDI) claims. The 

information is an evidentiary source 

DDS evaluators use to determine 

eligibility for SSI and SSDI claims. The 

respondents are third parties familiar 

with the functional limitations (or lack 

thereof) of claimants who apply for SSI 

and SSDI benefits. 

Type of Request: Revision of an OMBapproved information collection. 

Respondent types Number of respondents 

Frequency of 

response 

Average burden per response 

(minutes) 

Estimated annual burden 

(hours) 

Individuals ........................................................................................................ 500,000 1 61 508,333 

Private Sector .................................................................................................. 500,000 1 61 508,333 

Total: ......................................................................................................... 1,000,000 ........................ ........................ 1,016,666 

3. Function Report Adult—20 CFR 

404.1512 & 416.912—0960–0681. State 

DDSs use Form SSA–3373-BK to collect 

information about a disability 

applicant’s or recipient’s impairmentrelated limitations and ability to 

function. The information is an 

evidentiary source DDS evaluators use 

to determine eligibility for SSI and SSDI 

claims. The respondents are Title II and 

Title XVI applicants (or current 

recipients undergoing redeterminations) 

for disability benefits. 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 4,005,367. 

Frequency of Response: 1. 

Average Burden per Response: 61 

minutes. 

Estimated Annual Burden: 4,072,123 

hours. 

II. SSA has submitted the information 

collections we list below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if OMB and SSA receive them 

within 30 days from the date of this 

publication. To be sure we consider 

your comments, we must receive them 

no later than June 22, 2009. You can 

obtain a copy of the OMB clearance 

packages by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the above email address. 

1. Request for Workers’ 

Compensation/Public Disability Benefit 

Information—20 CFR 404.408(e)—0960– 

0098. SSA uses Form SSA–1709 to 

verify Worker’s Compensation/Public 

Disability Benefits (WC/PDB). SSA uses 

the information to compute the correct 

reduction of disability insurance 

benefits. The claimant may be able to 

furnish adequate verification of the WC/ 

PDB benefits by submitting a copy of his 

or her award notice, benefit check, etc. 

SSA considers the claimant the primary 

source of verification. If he or she 

provides the necessary evidence, we do 

not use the form. If the claimant cannot 

provide evidence, the other reliable 

source of this information is the entity 

giving the benefits, its agent (such as an 

insurance carrier), or an administering 

public agency. The respondents are 

Federal, state, and local agencies 

administering WC/PDB, insurance 

carriers, and public or private selfinsured companies. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 120,000. 

Frequency of Response: 1. 

Average Burden per Response: 15 

minutes. 

Estimated Annual Burden: 30,000 

hours. 

2. Prohibition of Payment of SSI 

Benefits to Fugitive Felons and Parole/ 

Probation Violators—20 CFR 

416.708(o)—0960–0617. Section 

1611(e)(4) of the Social Security Act 

precludes eligibility for SSI payments 

for certain fugitives and probation/ 

parole violators. Regulations at 20 CFR 

416.708(o) require individuals to report 

to SSA that he or she is fleeing to avoid 


dwashington3 on PROD1PC60 with NOTICES
23918 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

prosecution for a crime, fleeing to avoid 

custody or confinement after conviction 

of a crime, or violating a condition of 

probation or parole. SSA will use the 

information reported to deny eligibility 

or to suspend recipient’s SSI payments. 

The respondents are SSI applicants/ 

recipients or representative payees of 

SSI recipients who are reporting the 

applicant’s/recipient’s status as a 

fugitive felon or probation/parole 

violator. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 1,000. 

Frequency of Response: 1. 

Average Burden per Response: 1 

minute. 

Estimated Annual Burden: 17 hours. 

Dated: May 14, 2009. 

John Biles, 

Reports Clearance Officer, Center for Reports 

Clearance, Social Security Administration. 

[FR Doc. E9–11716 Filed 5–20–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice 6624] 

Bureau of Diplomatic Security, Office 

of Foreign Missions; 30-Day Notice of 

Proposed Information Collection: 

Forms DS–2003 & DS–2004, 

Notification of Appointment of Foreign 

Diplomatic Officer, Career Consular 

Officer, and Foreign Government 

Employee; Form DS–2005, Notification 

of Appointment of Honorary Consular 

Officer; Form DS–2006, Notification of 

Change—Identification Card Request; 

Form DS–2007, Notification of 

Dependents of Diplomatic, Consular 

and Foreign Government Employees 

(Continuation Sheet); Form DS–2008, 

Notice of Termination of Diplomatic, 

Consular, or Foreign Government 

Employment; Forms DS–98 and DS–99, 

Application for Diplomatic Exemption 

From Taxes On; Forms DS–100, DS– 

101, DS–102, & DS–104, Diplomatic 

Motor Vehicle Applications for: Vehicle 

Registration, Title, & Replacement 

Plates; Department of State Form DS– 

1504; Request for Customs Clearance 

of Merchandise; Form DS–1972, U.S. 

Department of State Driver License 

and Tax Exemption Card Application; 

Foreign Diplomatic Services 

Applications, OMB Collection Number 

1405–0105 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

• Title of Information Collection: 

Notification of Appointment of Foreign 

Diplomatic Officer, Career Consular 

Officer, and Foreign Government 

Employee. 

• OMB Control Number: 1405–0105. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Numbers: DS–2003, DS–2004, 

& e–2003. 

• Respondents: Foreign government 

representatives assigned to the United 

States. 

• Estimated Number of Respondents: 

350 missions. 

• Estimated Number of Responses: 

11,154 responses (DS–2003: 800), (DS– 

2004: 1654), & (e–2003: 8,700). 

• Average Hours per Response: 25 

minutes. 

• Total Estimated Burden: 4,640 

hours divided among the missions. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

• Title of Information Collection: 

Notification of Appointment of 

Honorary Consular Officer. 

• OMB Control Number: 1405–0105. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Number: DS–2005. 

• Respondents: Foreign government 

representatives assigned to the United 

States. 

• Estimated Number of Respondents: 

155 missions. 

• Estimated Number of Responses: 

200 forms per year. 

• Average Hours per Response: 20 

minutes. 

• Total Estimated Burden: 67 hours 

divided among the missions. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

• Title of Information Collection: 

Notification of Change—Identification 

Card Request. 

• OMB Control Number: 1405–0105. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Numbers: DS–2006, & e–2006. 

• Respondents: Foreign government 

representatives assigned to the United 

States. 

• Estimated Number of Respondents: 

350 missions. 

• Estimated Number of Responses: 

8,116 responses (DS–2006: 7,124), (e2006: 992). 

• Average Hours per Response: 9 

minutes. 

• Total Estimated Burden: 1,217 

hours divided among the missions. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

• Title of Information Collection: 

Notification of Dependents of 

Diplomatic, Consular, and Foreign 

Government Employees (Continuation 

Sheet). 

• OMB Control Number: 1405-0105. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Number: DS–2007. 

• Respondents: Foreign government 

representatives assigned to the United 

States. 

• Estimated Number of Respondents: 

350 missions. 

• Estimated Number of Responses: 

3,000 forms per year. 

• Average Hours per Response: 10 

minutes. 

• Total Estimated Burden: 498 hours 

divided among the missions. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

• Title of Information Collection: 

Notice of Termination of Diplomatic, 

Consular, or Foreign Government 

Employment. 

• OMB Control Number: 1405–0105. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Numbers: DS–2008, & e–2008. 

• Respondents: Foreign government 

representatives assigned to the United 

States. 

• Estimated Number of Respondents: 

350 missions. 

• Estimated Number of Responses: 

6,685 eGov responses. 

• Average Hours per Response: 10 

minutes. 

• Total Estimated Burden: 1,110 

hours divided among the missions. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

• Title of Information Collection: 

Application for Diplomatic Exemption 

from Taxes. 

• OMB Control Number: 1405-0105. 

• Type of Request: Revision of an 

approved collection. 

• Originating Office: Diplomatic 

Security/Office of Foreign Missions (DS/ 

OFM). 

• Form Numbers: DS–98, DS–99, e– 

98, & e–99. 


dwashington3 on PROD1PC60 with NOTICES