24054 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3Order entry mnemonics are codes that identify 

member organization order entry ports. 

4See Securities Exchange Act Release No. 58728 

(October 3, 2008), 73 FR 59695 (October 9, 2008) 

(SR–Phlx–2008–70). See also the Exchange’s Fee 

Schedule at endnote 60. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Tower Air, 

Inc. because it has not filed any periodic 

reports since the period ended 

September 30, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of TPC 

Liquidation, Inc. because it has not filed 

any periodic reports since the period 

ended September 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of The 

Translation Group, Ltd. because it has 

not filed any periodic reports since the 

period ended December 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Track ‘n 

Trail, Inc. because it has not filed any 

periodic reports since the period ended 

December 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of TransAxis, 

Inc. because it has not filed any periodic 

reports since the period ended March 

31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Transmedia 

Europe, Inc. because it has not filed any 

periodic reports since the period ended 

June 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Treasury 

International, Inc. because it has not 

filed any periodic reports since the 

period ended October 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of TrendLines, Inc. because it has not filed any 

periodic reports since the period ended 

August 24, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Tri Lite, Inc. 

because it has not filed any periodic 

reports since the period ended June 30, 

1999. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EDT on May 20, 2009, through 

11:59 p.m. EDT on June 3, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–12103 Filed 5–20–09 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59925; File No. SR–Phlx– 

2009–43] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX, Inc. Relating to the Order 

Entry Port Fee 

May 14, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1, and Rule 19b–4 thereunder,2

notice is hereby given that on May 7, 

2009, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) 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 

The Exchange proposes to modify the 

manner in which members are assessed 

the Order Entry Port Fee of $250 a 

month. The Exchange proposes to delete 

endnote 60, which references the Order 

Entry Port Fee and defines an active 

order entry port, and instead charge 

members the $250 monthly fee 

regardless of whether the order entry 

port is active. 

While changes to the Exchange’s Fee 

Schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be 

implemented on June 1, 2009. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange 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. The 

Exchange 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 

The purpose of the proposed rule 

change is to modify the manner in 

which the Order Entry Port Fee is billed 

to members. The Order Entry Port Fee 

is a connectivity fee assessed on 

members in connection with routing 

orders to the Exchange via an external 

order entry port. Currently, members 

access the Exchange’s network through 

order entry ports. A member 

organization may have more than one 

order entry port. Member are assessed a 

monthly fee of $250 in connection with 

sending orders to the Exchange. The 

$250 monthly Order Entry Port Fee is 

assessed per member organization order 

entry mnemonic.3 Specifically, the fee is 

currently assessed on any order entry 

mnemonic that is active during a billing 

month. An order entry mnemonic is 

considered active if a member 

organization sends at least one order to 

the Exchange using that order entry 

mnemonic during the applicable billing 

month.4

The Exchange proposes to assess the 

$250 monthly Order Flow Port Fee on 

members regardless of whether the 

order entry mnemonic is active during 

the billing month. Accordingly, the 

Exchange proposes to delete endnote 60 

which states, ‘‘[a]n order entry 

mnemonic is considered active if a 

member organization sends at least one 

order to the Exchange using that order 

entry mnemonic during the applicable 

billing month.’’ Instead, the Exchange 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24055 

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

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

7 15 U.S.C. 78s(b)(3)(A)(ii). 

8 17 CFR 240.19b–4(f)(2). 

9 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78s(b)(3)(A). 

5 17 CFR 240.19b–4(f)(6). 

proposes to assess members the $250 

monthly fee, regardless of usage, and 

solely on the number of order entry 

ports assigned to each member 

organization. Per this proposal, whether 

or not the order entry port is active will 

not be considered in billing the monthly 

fee of $250, only the amount of order 

entry ports per member organization 

will determine the amount billed to a 

member organization. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 5 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 6

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. The 

proposal would continue to uniformly 

assess the Order Entry Port Fee on 

members in order to support the costs 

of the infrastructure associated with 

market access. The fee remains 

reasonable in that members will 

continue to be charged a flat rate for this 

service based on the number of order 

entry ports. 

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 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 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 7 and paragraph 

(f)(2) of Rule 19b–4 8 thereunder. At any 

time within 60 days of the filing of the 

proposed rule change, the Commission 

may summarily abrogate such rule 

change if it appears to the Commission 

that such action is necessary or 

appropriate in the public interest, for 

the protection of investors, or otherwise 

in furtherance of the purposes of the 

Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposal 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–Phlx–2009–43 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–Phlx–2009–43. 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 Phlx. 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–Phlx–2009–43 and should 

be submitted on or before June 12, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11937 Filed 5–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59932; File No. SR– 

NYSEArca–2009–43] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Arca, Inc. Regarding the Minimum 

Creation and Redemption Size 

Applicable to the MacroShares Major 

Metro Housing Trusts 

May 15, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on May 13, 

2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 

NYSE Arca filed the proposed rule 

change pursuant to Section 19(b)(3)(A) 

of the Act 4 and Rule 19b–4(f)(6) 

thereunder,5 which renders it effective 

upon filing with the Commission. 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 

The Exchange, through its whollyowned subsidiary NYSE Arca Equities, 

Inc. (‘‘NYSE Arca Equities’’), proposes 

to modify the representation made in 

SR–NYSEArca–2008–92 regarding the 

minimum creation and redemption size 

aggregation applicable to the 

MacroShares Major Metro Housing Up 

Trust (‘‘Up Trust’’) and the MacroShares 

Major Metro Housing Down Trust 

(‘‘Down Trust’’) (collectively, the 

‘‘Trusts’’). The shares of the Up Trust 

are referred to as the Up MacroShares, 

and the shares of the Down Trust are 

referred to as the Down MacroShares 

(collectively, the ‘‘Shares’’). The text of 


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