24888 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4Member dues are $450 per month. See CBOE 

Fees Schedule, Section 10. 

5The ITP program is a program pursuant to which 

the Exchange has the authority to issue up to 50 

ITPs. The ITP program is governed by CBOE Rule 

3.27. The lessor compensation component of the 

ITP program is described in CBOE Rule 3.27(d). An 

‘‘open lease’’ is defined in Rule 3.27(d) as a 

transferable Exchange membership available for 

lease. 

concerning the securities of Nanosignal 

Corp., Inc. (n/k/a Nano Global, Inc.) 

because it has not filed any periodic 

reports since the period ended 

September 30, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of National 

Micronetics, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of NetVoice 

Technologies Corp. because it has not 

filed any periodic reports since the 

period ended June 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Network 

Access Solutions Corp. because it has 

not filed any periodic reports since the 

period ended March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Network 

Plus Corp. because it has not filed any 

periodic reports since the period ended 

September 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of The New 

Anaconda Co. because it has not filed 

any periodic reports since the period 

ended December 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of New York 

Regional Rail Corp. because it has not 

filed any periodic reports since the 

period ended September 30, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of NewCom 

International, Inc. (n/k/a Sino Express 

Travel Ltd.) 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 NewKidCo 

International, Inc. because it has not 

filed any periodic reports since the 

period ended December 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of NexGen 

Vision, Inc. because it has not filed any 

periodic reports since the period ended 

June 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Noel Group, 

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 21, 2009, through 

11:59 p.m. EDT on June 4, 2009. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E9–12253 Filed 5–21–09; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59935; File No. SR–CBOE– 

2009–028] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of 

Proposed Rule Change Relating to 

Rebating Member Dues for Certain 

Members 

May 18, 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 6, 

2009, Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by CBOE. 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 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) 

proposes to amend its Fees Schedule to 

rebate member dues for certain 

members. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.cboe.org/legal), at 

the Exchange’s Office of the Secretary 

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, 

CBOE 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. CBOE has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

parts of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

CBOE assesses dues with respect to 

every membership (unless a member is 

assessed the Hybrid Electronic Quoting 

Fee, in which case the member does not 

pay member dues).4 Under Rule 3.17(c), 

the membership lease agreement 

between a lessor member and a lessee 

member designates who is responsible 

for Exchange dues, fees and other 

charges. Typically, leases provide that 

the lessee is responsible for dues and 

therefore lessors do not pay dues. 

Under the lessor compensation 

component of the Interim Trading 

Permit (‘‘ITP’’) program, the Exchange 

compensates a lessor for an ‘‘open 

lease’’ while the ITP program is active 

and ITPs are outstanding.5 The goal of 

this component of the ITP program is to 

put such a lessor in a similar position 

as if the lessor’s membership was 

leased. This goal would be frustrated if 

the lessor is charged dues because the 

lessor would be subject to an obligation 

the lessor would not otherwise be 

subject to if the lessor’s membership 

was leased. 

Consistent with this goal, the 

Exchange will waive member dues for a 

lessor member for any month in which 

the lessor receives a payment from the 

Exchange for an open lease under the 

ITP program. This waiver became 

effective on May 1, 2009, pursuant to a 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24889 

6See SR–CBOE–2009–027. 

7The ITP program was approved by the 

Commission on July 17, 2008. See Securities 

Exchange Act Release No. 58178 (July 17, 2008), 73 

FR 42634 (July 22, 2008). 

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

9 15 U.S.C. 78f(b)(4). 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59712 

(April 6, 2009), 74 FR 17273. 

4See Securities Exchange Act Release No. 59582 

(March 16, 2009) 74 FR 12423 (March 24, 2009) 

(SR–NASDAQ–2008–102) (‘‘Pilot Approval Order’’). 

previous rule change that was filed by 

the Exchange for immediate 

effectiveness.6 The Exchange now 

proposes to rebate dues to any lessor 

member who received such a payment 

from the Exchange during the period 

August 1, 2008,7 through April 30, 2009. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Securities Exchange Act of 

1934 (‘‘Act’’),8 in general, and furthers 

the objectives of Section 6(b)(4) 9 of the 

Act in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and other persons 

using its facilities. The Exchange 

believes the proposed rebate of member 

dues is equitable and reasonable in that 

it would help the Exchange place a 

lessor member who received 

compensation from the Exchange for an 

open lease under the ITP program prior 

to May 1, 2009, in a similar position as 

if the lessor’s membership had been 

leased, consistent with Exchange Rule 

3.27(d). 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 

burden on competition that is not 

necessary or appropriate in furtherance 

of 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 solicited 

or received with respect to 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–CBOE–2009–028 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–CBOE–2009–028. 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 the filing will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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–CBOE– 

2009–028 and should be submitted on 

or before June 16, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12090 Filed 5–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 59933; File No. SR–NASDAQ– 

2009–028] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Order 

Approving Proposed Rule Change to 

Reduce Fees for NASDAQ Basic Data 

Feeds 

May 15, 2009. 

I. Introduction 

On March 27, 2009, The NASDAQ 

Stock Market LLC (‘‘NASDAQ’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

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

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

reduce the fees for NASDAQ Basic, a 

real time data feed combining both 

NASDAQ’s Best Bid and Offer 

(‘‘QBBO’’) and the NASDAQ Last Sale. 

The proposed rule change was 

published for comment in the Federal 

Register on April 14, 2009.3 The 

Commission received no comment 

letters on the proposal. This order 

approves the proposed rule change. 

II. Description of the Proposal 

NASDAQ Basic is a ‘‘Level 1’’ data 

product containing quotation 

information from the NASDAQ Market 

Center and last sale data from the 

NASDAQ Market Center. NASDAQ 

Basic was approved on March 16, 2009,4

as a pilot program and includes fees for 

usage and distribution of the data. 

NASDAQ Basic is available in three 

forms, NASDAQ Basic for NASDAQ, 

NASDAQ Basic for NYSE, and 

NASDAQ Basic for Alternext. 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.