Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24053 

5 p.m., EST, in the plaza auditorium of 

the U.S. Department of Labor, Francis 

Perkins Building, at 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Persons interested in presenting 

testimony and answering questions at 

this public hearing must submit, by 3:30 

p.m., EST, June 5, 2009, the following 

information: (1) A written request to be 

heard; and (2) An outline of the topics 

to be discussed, indicating the time 

allocated to each topic. It should be 

noted that, while reasonable efforts will 

be made to accommodate all requests to 

testify, it may be necessary to limit the 

number of those testifying in order to 

adhere to the hearing’s one-day format. 

Any persons not afforded an 

opportunity to testify will nonetheless 

have an opportunity to submit a written 

statement for the record. The hearing 

will be open to the general public. 

Because the Agencies will jointly 

review all responses submitted, 

interested parties may send requests and 

outlines to either Agency and need not 

submit responses to both Agencies. 

Respondents are encouraged to use the 

title ‘‘Target Date Fund Joint Hearing’’ to 

facilitate the organization and 

distribution of responses between the 

Agencies. Interested parties are invited 

to submit responses to: 

Employee Benefits Security 

Administration, U.S. Department of 

Labor: To facilitate the receipt and 

processing of responses, the Department 

encourages interested persons to submit 

their requests and outlines 

electronically by e-mail to 

e-ORI@dol.gov. Persons submitting 

requests and outlines electronically 

should not submit paper copies. Persons 

submitting requests and outlines on 

paper should send or deliver their 

requests and outlines (preferably at least 

three copies) to the Office of Regulations 

and Interpretations, Employee Benefits 

Security Administration, Attn: Target 

Date Fund Joint Hearing, Room N–5655, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210. All requests and outlines 

submitted will be available to the 

public, without charge, online at http:// 

www.dol.gov/ebsa and at the Public 

Disclosure Room, N–1513, Employee 

Benefits Security Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Securities and Exchange Commission: 

Responses may be submitted by any of 

the following methods: 

Electronic Responses 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

news/other.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number 4–582 Target Date Joint Hearing 

on the subject line. 

Paper Responses 

• Send paper requests and outlines 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 4–582 Target Date Fund Joint 

Hearing. This file number should be 

included on the subject line if e-mail is 

used. To help us process and review 

your requests and outlines more 

efficiently, please use only one method. 

The Commission will post all requests 

and outlines on the Commission’s 

Internet Web site (http://www.sec.gov). 

Requests and outlines are also available 

for public 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. 

All requests and outlines received will 

be posted without change; we do not 

edit personal identifying information 

from submissions. You should submit 

only information that you wish to make 

available publicly. 

The Agencies will prepare an agenda 

indicating the order of presentation of 

oral comments and testimony. In the 

absence of special circumstances, each 

presenter will be allotted ten (10) 

minutes in which to complete his or her 

presentation. 

Information about the agenda will be 

posted on http://www.dol.gov/ebsa and 

http://www.sec.gov on or after June 10, 

2009, or may be obtained by contacting 

Fred Wong, Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, U.S. 

Department of Labor, telephone (202) 

693–8500, or Tara R. Buckley, Office of 

Chief Counsel, Division of Investment 

Management, U.S. Securities and 

Exchange Commission, at (202) 551– 

6825. 

Those individuals who make oral 

comments and testimonies at the 

hearing should be prepared to answer 

questions regarding their information 

and/or comments. The hearing will be 

transcribed. The hearing also will be 

available via webcast on the 

Department’s Web site at http:// 

www.dol.gov/ebsa and on the 

Commission’s Web site at http:// 

www.sec.gov. 

Any individuals with disabilities who 

may need special accommodations 

should notify Fred Wong on or before 

June 10, 2009. 

Notice of Public Hearing 

Notice is hereby given that a one-day 

public hearing will be held on June 18, 

2009, concerning issues related to 

investments in TDFs. The hearing will 

be held beginning at 9 a.m. in the plaza 

auditorium of the U.S. Department of 

Labor, Francis Perkins Building, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Dated: May 19, 2009. 

By the U.S. Department of Labor. 

Alan D. Lebowitz, 

Deputy Assistant Secretary for Program 

Operations, Employee Benefits Security 

Administration, U.S. Department of Labor. 

Dated: May 19, 2009. 

By the Securities and Exchange 

Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–12024 Filed 5–21–09; 8:45 am] 

BILLING CODE 4510–29–P; 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

In the Matter of Today’s Man, Inc., 

Tokheim Corp., Total Film Group, Inc., 

Toth Aluminum Corp., Tower Air, Inc., 

TPC Liquidation, Inc., the Translation 

Group, Ltd., Track ‘n Trail, Inc., 

TransAxis, Inc., Transmedia Europe, 

Inc., Treasury International, Inc., 

Trend-Lines, Inc., and Tri Lite, Inc., 

Respondents; Order of Suspension of 

Trading 

May 20, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Today’s 

Man, Inc. because it has not filed any 

periodic reports since the period ended 

November 2, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Tokheim 

Corp. because it has not filed any 

periodic reports since the period ended 

August 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Total Film 

Group, Inc. because it has not filed any 

periodic reports since the period ended 

March 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Toth 

Aluminum Corp. because it has not filed 

any periodic reports since the period 

ended February 29, 2004. 


erowe on PROD1PC63 with NOTICES
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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