Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4065 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 In Amendment No. 2, NASDAQ removed data 

from the jointly-operated NASDAQ/FINRA Trade 

Reporting Facility (‘‘TRF’’) from the NASDAQ Basic 

product. NASDAQ notes that a separate filing will 

be made in the event approval is sought to include 

TRF data in this product. In addition, NASDAQ 

made technical changes including changing the 

name of the Alternext market, clarifying that no fees 

will be assessed during the first month of the pilot, 

and explaining the application of internal and 

external distributor fees. 4Changes are marked to the rule text that appears 

in the electronic NASDAQ Manual found at 

http://www.nasdaqtrader.com. 

All submissions should refer to File 

Number SR–Phlx–2008–87. 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 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 No. 

SR–Phlx–2008–87 and should be 

submitted on or before February 12, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1232 Filed 1–21–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59244; File No. SR– 

NASDAQ–2008–102] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change and 

Amendment No. 2 Thereto To Establish 

a Pilot Program for NASDAQ Basic 

Data Feeds 

January 13, 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 December 

23, 2008, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by NASDAQ. On January 8, 2009, 

NASDAQ filed Amendment No. 1 to the 

proposed rule change. On January 12, 

2009, NASDAQ replaced the original 

filing and Amendment No. 1 by filing 

Amendment No. 2 to the proposed rule 

change.3 The Commission is publishing 

this notice to solicit comments on the 

proposed rule change, as amended, from 

interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NASDAQ is proposing a rule change 

to establish a five-month pilot to offer 

‘‘NASDAQ Basic’’ which is a real time 

data feed combining both NASDAQ’s 

Best Bid and Offer (‘‘QBBO’’) and the 

NASDAQ Last Sale. NASDAQ will offer 

information separately for NASDAQ-, 

NYSE- and Amex-listed stocks. 

NASDAQ Basic will be available free of 

charge for the first month of the fivemonth pilot. 

The text of the proposed rule change 

is below. Proposed new language is in 

italics; proposed deletions are in 

brackets.4

* * * * * 

7047. NASDAQ Basic 

(a) For a five-month pilot period 

commencing on February 1, 2009, 

NASDAQ shall offer proprietary data 

feeds containing real-time market 

information from the NASDAQ Market 

Center. There shall be no fee for 

NASDAQ Basic for the first month of the 

pilot. 

(1) ‘‘NASDAQ Basic for NASDAQ’’ 

shall contain NASDAQ’s best bid and 

offer and last sale for NASDAQ-listed 

stocks; and 

(2) ‘‘NASDAQ Basic for NYSE’’ shall 

contain NASDAQ’s best bid and offer 

and last sale for NYSE-listed stocks. 

(3) ‘‘NASDAQ Basic for Alternext’’ 

shall contain NASDAQ’s best bid and 

offer and last sale for Alternext-listed 

stocks. 

(b) User Fees 

(1) Except as provided in (b)(2) and 

(b)(3), for the NASDAQ Basic product 

there shall be a per subscriber monthly 

charge of $10 for NASDAQ-listed stocks, 

$5 for NYSE-listed stocks, and $5 for 

Alternext-listed stocks; or 

(2) For each non-professional 

subscriber, as defined in Rule 7011(b), 

there shall be a per subscriber monthly 

charge of $0.50 for NASDAQ-listed 

stocks, $0.25 for NYSE-listed stocks, 

and $0.25 for Alternext-listed stocks; or 

(3) There shall be a per query fee for 

NASDAQ Basic of $0.0025 for 

NASDAQ-listed stocks, $0.0015 for 

NYSE-listed stocks, and $0.0015 for 

Alternext-listed stocks. 

(c) Distributor Fees 

(1) Each Distributor of NASDAQ Basic 

for NASDAQ-listed stocks shall pay a 

fee of $1,500 per month for either 

internal or external distribution or both. 

(2) Each Distributor of NASDAQ Basic 

for NYSE-listed stocks shall pay a fee of 

$250 per month for internal distribution 

or $625 per month external distribution. 

Distributors that pay the external 

distribution fee may distribute NASDAQ 

Basic for NYSE-listed stocks internally 

with no additional distribution fee. 

(3) Each Distributor of NASDAQ Basic 

for Alternext-listed stocks shall pay a 

fee of 250 per month for internal 

distribution or $625 per month external 

distribution. Distributors that pay the 

external distribution fee may distribute 

NASDAQ Basic for Alternext-listed 

stocks internally with no additional 

distribution fee. 

(4) Each Distributor that receives 

Direct Access to the NASDAQ Basic 

shall also pay a monthly fee of $2,000 

for NASDAQ-listed stocks, $1,000 for 

NYSE-listed stocks, and $1,000 for 

Alternext-listed stocks. 

(5) The terms ‘‘Distributor’’ and 

‘‘Direct Access’’ shall have the same 

meanings as set forth in Rule 7019. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NASDAQ included statements 

concerning the purpose of, and basis for, 

the proposed rule change. The text of 

these statements may be examined at 

the places specified in Item IV below, 

and is set forth in Sections A, B, and C 

below. 


rmajette on PRODPC74 with NOTICES
4066 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f–3(b)(4) [sic]. 

7Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

In July of 2008, NASDAQ successfully 

launched a market data product that for 

the first time made available to investors 

real-time execution prices based solely 

on proprietary data from the NASDAQ 

Market Center and FINRA/NASDAQ 

Trade Reporting Facility. Building on 

the success of that pilot, NASDAQ now 

proposes a five-month pilot to offer realtime quotation data in combination with 

last sale data solely from the NASDAQ 

Market Center as set forth below. There 

will be no fees for NASDAQ Basic for 

the first month of the pilot. 

NASDAQ Basic is a ‘‘Level 1’’ product 

containing two data elements: (1) 

Quotation information from the 

NASDAQ Market Center and (2) last sale 

data from the NASDAQ Market Center. 

NASDAQ Basic will be available in 

three forms, NASDAQ Basic for 

NASDAQ, NASDAQ Basic for NYSE, 

and NASDAQ Basic for Alternext. 

As with the recently-approved 

NASDAQ Last Sale product, NASDAQ 

Basic is designed to meet the needs of 

current and prospective subscribers that 

do not need or are unwilling to pay for 

the consolidated data provided by the 

consolidated Level 1 products. 

Providing investors with new options 

for receiving market data, as NASDAQ 

proposes, was a primary goal of the 

market data amendments adopted in 

Regulation NMS. NASDAQ developed 

these product proposals in consultation 

with industry members and also market 

data vendors and purchasers that 

expressed an interest in exchange-only 

data for instances where consolidated 

data is no longer required to be 

purchased and displayed. 

Consistent with the sale of 

consolidated data and of NASDAQ 

proprietary data, NASDAQ proposes to 

charge a fee for professional use of 

NASDAQ Basic, and a reduced fee for 

non-professional use. Specifically, for 

each professional user of the NASDAQ 

Basic product, there will be a per 

subscriber monthly charge of $10 for 

NASDAQ-listed stocks, $5 for NYSElisted stocks, and $5 for Alternext-listed 

stocks. For each non-professional 

subscriber, there will be a per subscriber 

monthly charge of $0.50 for NASDAQlisted stocks, $0.25 for NYSE-listed 

stocks, and $0.25 for Alternext-listed 

stocks. ‘‘Non-professional’’ is a term that 

is well-understood within the vendor 

and user communities, and it will have 

the same meaning in this proposed rule 

as it currently has in Rule 7011(b), For 

users that do not require a monthly 

subscription, there will be a per query 

option available for NASDAQ Basic, 

with a fee of $0.0025 for NASDAQlisted stocks, $0.0015 for NYSE-listed 

stocks, and $0.0015 for Alternext-listed 

stocks. Vendors that report per query 

usage to NASDAQ are permitted to 

convert to monthly subscriptions when 

the cost of individual users’ queries 

exceeds the cost of the monthly 

subscription. 

As with the distribution of other 

NASDAQ proprietary products, all 

distributors of NASDAQ Basic will be 

assessed a Distributor Fee in addition to 

any applicable usage fees. Each 

Distributor of NASDAQ Basic for 

NASDAQ-listed stocks shall pay a fee of 

$1,500 per month for either internal or 

external distribution. Each Distributor of 

NASDAQ Basic for NYSE-listed stocks 

shall pay a fee of $250 per month for 

internal distribution or $625 per month 

external distribution. Each Distributor of 

NASDAQ Basic for Alternext-listed 

stocks shall pay a fee of $250 per month 

for internal distribution or $625 per 

month external distribution. 

Distributors that pay the fee for external 

distribution of NASDAQ Basic for NYSE 

and Alternext may distribute the same 

data internally for no additional fee. In 

addition, each Distributor that receives 

Direct Access to the NASDAQ Basic 

shall also pay a monthly fee of $2,000 

for NASDAQ-listed stocks, $1,000 for 

NYSE-listed stocks, and $1,000 for 

AMEX-listed stocks. The terms 

‘‘Distributor’’ and ‘‘Direct Access’’ are 

well-understood by market data 

distributors and will have the same 

meanings in this proposed rule as 

currently set forth in NASDAQ Rule 

7019. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,5 in 

general and with Section 6(b)(4) of the 

Act,6 as stated above, in that it provides 

an equitable allocation of reasonable 

fees among users and recipients of 

NASDAQ data. In adopting Regulation 

NMS, the Commission granted selfregulatory organizations and brokerdealers increased authority and 

flexibility to offer new and unique 

market data to the public. It was 

believed that this authority would 

expand the amount of data available to 

consumers, and also spur innovation 

and competition for the provision of 

market data. 

The NASDAQ Basic market data 

products proposed here appear to be 

precisely the sort of market data product 

that the Commission envisioned when it 

adopted Regulation NMS. The 

Commission concluded that Regulation 

NMS—by deregulating the market in 

proprietary data—would itself further 

the Act’s goals of facilitating efficiency 

and competition: 

[E]fficiency is promoted when brokerdealers who do not need the data beyond the 

prices, sizes, market center identifications of 

the NBBO and consolidated last sale 

information are not required to receive (and 

pay for) such data. The Commission also 

believes that efficiency is promoted when 

broker-dealers may choose to receive (and 

pay for) additional market data based on their 

own internal analysis of the need for such 

data.7

By removing ‘‘unnecessary regulatory 

restrictions’’ on the ability of exchanges 

to sell their own data, Regulation NMS 

advanced the goals of the Act and the 

principles reflected in its legislative 

history. If the free market should 

determine whether proprietary data is 

sold to broker-dealers at all, it follows 

that the price at which such data is sold 

should be set by the market as well. 

NASDAQ’s ability to price NASDAQ 

Basic is constrained by (1) competition 

between exchanges and other trading 

platforms that compete with each other 

in a variety of dimensions; (2) the 

existence of inexpensive real-time 

consolidated data and free delayed 

consolidated data, and (3) the inherent 

contestability of the market for 

proprietary last sale data. 

The market for proprietary data 

products is currently competitive and 

inherently contestable because there is 

fierce competition for the inputs 

necessary to the creation of proprietary 

data and strict pricing discipline for the 

proprietary products themselves. 

Numerous exchanges compete with 

each other for listings, trades, and 

market data itself, providing virtually 

limitless opportunities for entrepreneurs 

who wish to produce and distribute 

their own market data. This proprietary 

data is produced by each individual 

exchange, as well as other entities, in a 

vigorously competitive market. 

Broker-dealers currently have 

numerous alternative venues for their 

order flow, including eleven selfregulatory organization (‘‘SRO’’) 

markets, as well as broker-dealers 

(‘‘BDs’’) and aggregators such as the 

Direct Edge and NexTrade electronic 

communications network (‘‘ECN’’). Each 

SRO market competes to produce 

transaction reports via trade executions, 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4067 

and an ever-increasing number of 

FINRA-regulated Trade Reporting 

Facilities (‘‘TRFs’’) compete to attract 

internalized transaction reports. It is 

common for BDs to further and exploit 

this competition by sending their order 

flow and transaction reports to multiple 

markets, rather than providing them all 

to a single market. Competitive markets 

for order flow, executions, and 

transaction reports provide pricing 

discipline for the inputs of proprietary 

data products. 

The large number of SROs, TRFs, and 

ECNs that currently produce proprietary 

data or are currently capable of 

producing it provides further pricing 

discipline for proprietary data products. 

Each SRO, TRF, ECN and BD is 

currently permitted to produce 

proprietary data products, and many 

currently do or have announced plans to 

do so, including NASDAQ, NYSE, 

Amex, NYSEArca, and BATS. 

Any ECN or BD can combine with any 

other ECN, broker-dealer, or multiple 

ECNs or BDs to produce jointly 

proprietary data products. Additionally, 

non-broker-dealers such as order routers 

like LAVA, as well as market data 

vendors can facilitate single or multiple 

broker-dealers’ production of 

proprietary data products. The potential 

sources of proprietary products are 

virtually limitless. 

The fact that proprietary data from 

ECNs, BDs, and vendors can by-pass 

SROs is significant in two respects. 

First, non-SROs can compete directly 

with SROs for the production and 

distribution of proprietary data 

products, as Archipelago and BATS 

Trading did prior to registering as SROs. 

Second, because a single order or 

transaction report can appear in an SRO 

proprietary product, a non-SRO 

proprietary product, or both, the data 

available in proprietary products is 

exponentially greater than the actual 

number of orders and transaction 

reports that exist in the marketplace 

writ large. 

Consolidated data provides two 

additional measures of pricing 

discipline for proprietary data products 

that are a subset of the consolidated data 

stream. First, the consolidated data is 

widely available in real-time at $1 per 

month for non-professional users. 

Second, consolidated data is also 

available at no cost with a 15- or 20- 

minute delay. Because consolidated 

data contains marketwide information, 

it effectively places a cap on the fees 

assessed for proprietary data (such as 

last sale data) that is simply a subset of 

the consolidated data. The mere 

availability of low-cost or free 

consolidated data provides a powerful 

form of pricing discipline for 

proprietary data products that contain 

data elements that are a subset of the 

consolidated data, by highlighting the 

optional nature of proprietary products. 

Market data vendors provide another 

form of price discipline for proprietary 

data products because they control the 

primary means of access to end users. 

Vendors impose price restraints based 

upon their business models. For 

example, vendors such as Bloomberg 

and Reuters that assess a surcharge on 

data they sell may refuse to offer 

proprietary products that end users will 

not purchase in sufficient numbers. 

Internet portals, such as Google, impose 

a discipline by providing only that data 

which will enable them to attract 

‘‘eyeballs’’ that contribute to their 

advertising revenue. Retail brokerdealers, such as Schwab and Fidelity, 

offer their customers proprietary data 

only if it promotes trading and generates 

sufficient commission revenue. 

Although the business models may 

differ, these vendors’ pricing discipline 

is the same: they can simply refuse to 

purchase any proprietary data product 

that fails to provide sufficient value. 

NASDAQ and other producers of 

proprietary data products must 

understand and respond to these 

varying business models and pricing 

disciplines in order to successfully 

market proprietary data products. 

In addition to the competition and 

price discipline described above, the 

market for proprietary data products is 

also highly contestable because market 

entry is rapid, inexpensive, and 

profitable. The history of electronic 

trading is replete with examples 

entrants that swiftly grew into some of 

the largest electronic trading platforms 

and proprietary data producers: 

Archipelago, Bloomberg Tradebook, 

Island, RediBook, Attain, TracECN, and 

BATS Trading. Today, BATS publishes 

its data at no charge on its Web site in 

order to attract order flow, and it uses 

market data revenue rebates from the 

resulting executions to maintain low 

execution charges for its users. 

Several ECNs have existed profitably 

for many years with a minimal share of 

trading, including Bloomberg Tradebook 

and NexTrade. 

Regulation NMS, by deregulating the 

market for proprietary data, has 

increased the contestability of that 

market. While broker-dealers have 

previously published their proprietary 

data individually, Regulation NMS 

encourages market data vendors and 

broker-dealers to produce proprietary 

products cooperatively in a manner 

never before possible. Multiple market 

data vendors already have the capability 

to aggregate data and disseminate it on 

a profitable scale, including Bloomberg, 

Reuters and Thomson. New entrants are 

already on the horizon, including 

‘‘Project BOAT,’’ a consortium of 

financial institutions that is assembling 

a cooperative trade collection facility in 

Europe. These institutions are active in 

the United States and could rapidly and 

profitably export the Project Boat 

technology to exploit the opportunities 

offered by Regulation NMS. 

In establishing the price for NASDAQ 

Basic, NASDAQ considered the 

competitiveness of the market for BBO 

and last sale data and all of the 

implications of that competition. 

NASDAQ believes that it has considered 

all relevant factors and has not 

considered irrelevant factors in order to 

establish a fair, reasonable, and not 

unreasonably discriminatory fee and an 

equitable allocation of fees among all 

users. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ 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, as amended. 

To the contrary, as set forth in detail 

above, the market for the data elements 

contained in NASDAQ Basic is already 

competitive, with both real-time and 

delayed consolidated data as well as the 

ability for innumerable entities begin 

rapidly and inexpensively to offer 

competitive last sale data products. 

Moreover, NASDAQ expects that the 

New York, NYSEArca, BATS, and 

American Stock Exchanges will each 

respond to this proposal with a similar 

proposal to distribute competing data 

products. Under the regulatory regime 

of Regulation NMS, there is no limit to 

the number of competing products that 

can be developed quickly and at low 

cost. The Commission should not stand 

in the way of enhanced competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

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 


rmajette on PRODPC74 with NOTICES
4068 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

8 17 CFR 200.30–3(a)(12). 

(ii) as to which NASDAQ 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–NASDAQ–2008–102 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–NASDAQ–2008–102. 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 NASDAQ. 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– 

NASDAQ–2008–102 and should be 

submitted on or before February 12, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1231 Filed 1–21–09; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11632 and #11633] 

Maine Disaster #ME–00017 

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 Maine (FEMA–1815–DR), 

dated 01/09/2009. 

Incident: Severe Winter Storm and 

Flooding. 

Incident Period: 12/11/2008 through 

12/29/2008. 

Effective Date: 01/09/2009. 

Physical Loan Application Deadline 

Date: 03/10/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 10/09/2009. 

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 

01/09/2009, 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: 

Androscoggin. Cumberland, Knox, 

Lincoln, Sagadahoc, Waldo, York. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) With Credit Available 

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

Percent 

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

The number assigned to this disaster 

for physical damage is 11632B and for 

economic injury is 11633B. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–1209 Filed 1–21–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11430 and #11431] 

Texas Disaster Number TX–00308 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 5. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of Texas (FEMA– 

1791–DR), dated 09/13/2008. 

Incident: Hurricane Ike. 

Incident Period: 09/07/2008 through 

10/02/2008. 

Effective Date: 01/06/2009. 

Physical Loan Application Deadline 

Date: 02/06/2009. 

EIDL Loan Application Deadline Date: 

06/15/2009. 

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: The notice 

of the President’s major disaster 

declaration for the State of TEXAS, 

dated 09/13/2008 is hereby amended to 

extend the deadline for filing 

applications for physical damages as a 

result of this disaster to 02/06/2009. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–1210 Filed 1–21–09; 8:45 am] 

BILLING CODE 8025–01–P 


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