25778 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59643 

(Mar. 27, 2009), 74 FR 15530 (Apr. 6, 2009) 

(‘‘Commission’s Notice’’). 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–71; EA–09–072; NRC–2009– 

0169] 

In the Matter of Detroit Edison 

Company; Fermi Power Plant; 

Independent Spent Fuel Installation; 

Order Modifying License (Effective 

Immediately) 

Correction 

In notice document E9–8827 

beginning on page 17890 in the issue of 

Friday, April 17, 2009, make the 

following correction: 

On page 17890, in the second column, 

the docket number should read as put 

forth above. 

[FR Doc. Z9–8827 Filed 5–28–09; 8:45 am] 

BILLING CODE 1505–01–D 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11758] 

California Disaster #CA–00135 

Declaration of Economic Injury 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Economic Injury Disaster Loan (EIDL) 

declaration for the State of California, 

dated 05/21/2009. 

Incident: California Salmon Fishery 

Closure 2009. 

Incident Period: 04/08/2009 and 

continuing. 

Effective Date: 05/21/2009. 

EIDL Loan Application Deadline Date: 

02/22/2010. 

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 

Administrator’s EIDL declaration, 

applications for economic injury 

disaster loans may be filed 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: 

Del Norte, Mendocino, Monterey, San 

Mateo, Santa Cruz, Sonoma. 

Contiguous Counties: 

California: 

Alameda, Fresno, Glenn, Humboldt, 

Kings, Lake, Marin, Napa, San 

Benito, San Francisco, San Luis 

Obispo, Santa Clara, Siskiyou, 

Solano, Tehama, Trinity. 

Oregon: 

Curry, Josephine. 

The Interest Rate is: 4.000. 

The number assigned to this disaster 

for economic injury is 117580. 

The States which received an EIDL 

Declaration # are California, Oregon. 

(Catalog of Federal Domestic Assistance 

Number 59002) 

May 21, 2009. 

Karen G. Mills, 

Administrator. 

[FR Doc. E9–12508 Filed 5–28–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11756 and #11757] 

California Disaster #CA–00134 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of California dated 05/21/ 

2009. 

Incident: Jesusita Fire. 

Incident Period: 05/05/2009 and 

continuing. 

Effective Date: 05/21/2009. 

Physical Loan Application Deadline 

Date: 07/20/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 02/22/2010. 

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 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed 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: 

Santa Barbara. 

Contiguous Counties: 

California: Kern, San Luis Obispo, 

Ventura. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 4.875 

Homeowners Without Credit 

Available Elsewhere .................. 2.437 

Businesses With Credit Available 

Elsewhere ................................. 6.000 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

Other (Including Non-Profit Organizations) With Credit Available 

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

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

The number assigned to this disaster for 

physical damage is 11756 5 and for economic 

injury is 11757 0. 

The State which received an EIDL 

Declaration # is California. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: May 21, 2009. 

Karen G. Mills, 

Administrator. 

[FR Doc. E9–12510 Filed 5–28–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59964, File No. SR–MSRB– 

2009–03] 

Self-Regulatory Organizations; 

Municipal Securities Rulemaking 

Board; Order Granting Approval of 

Proposed Rule Change Relating to the 

Establishment of a Pilot Phase of Its 

Upcoming Continuing Disclosure 

Service of the Electronic Municipal 

Market Access System (EMMA®) 

May 21, 2009. 

On March 25, 2009, the Municipal 

Securities Rulemaking Board (‘‘MSRB’’), 

filed with the Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’), 

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 establish a pilot 

phase (the ‘‘continuing disclosure 

pilot’’) of the continuing disclosure 

service of the MSRB’s Electronic 

Municipal Market Access system 

(‘‘EMMA’’). The proposed rule change 

was published for comment in the 

Federal Register on April 6, 2009.3 The 

Commission received one comment 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25779 

4See letter from Douglas Adamson, Executive 

Vice President, Technical Services Division, 

American Bankers Association (‘‘ABA’’), dated 

April 24, 2009. 

5See letters from Ernesto A. Lanza, General 

Counsel, MSRB, to Elizabeth M. Murphy, Secretary, 

SEC, dated May 8, 2009 (‘‘Response Letter I’’) and 

May 18, 2009 (‘‘Response Letter II’’). 

6The Commission has previously approved the 

establishment of the continuing disclosure service 

of EMMA, which will commence operation on July 

1, 2009. See Securities Exchange Act Release No. 

59061 (December 5, 2008), 73 FR 75778 (December 

12, 2008) (File No. SR–MSRB–2008–05) (approving 

the continuing disclosure service of EMMA with an 

effective date of July 1, 2009). The EMMA 

continuing disclosure service is designed to 

commence operation simultaneously with the 

effectiveness of certain amendments to Exchange 

Act Rule 15c2–12 adopted by the Commission. See 

Securities Exchange Act Release No. 59062 

(December 5, 2008), 73 FR 76104 (December 15, 

2008) (adopting amendments to Exchange Act Rule 

15c2–12). 

7See Response Letter II, supra note 5. 

8See supra note 4. 

9See letter from the ABA, supra note 4. 

10See Response Letter II, supra note 5. The MSRB 

stated that this agreement would expand and 

reposition existing language on the EMMA Web site 

to ensure that users of the EMMA Web site have a 

fuller understanding of the sources of information 

displayed on the EMMA Web site and of the 

proprietary rights of third parties (including but not 

limited to the proprietary rights of the ABA in the 

Database) in certain displayed data elements. Such 

language would advise users of the limitations on 

their use or re-use of any proprietary information 

accessed on the EMMA Web site, and users would 

be required to acknowledge such limitations before 

being provided access to any portion of the 

Database. Additional systemic and reporting 

mechanisms would be implemented to further 

protect against inappropriate use of the Database. 

See Response Letter I, supra note 5. 

11 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition 

and capital formation. 15 U.S.C. 78c(f). 

12 15 U.S.C. 78o–4(b)(2)(C). 

13 Id. 

14 15 U.S.C. 78s(b)(2). 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

letter about the proposed rule change.4

On May 8, 2009 and May 18, 2009, the 

MSRB filed responses to the comment 

letters.5 This order approves the 

proposed rule change. 

The proposed rule change would 

establish the continuing disclosure pilot 

of the continuing disclosure service of 

the MSRB’s EMMA system. The 

continuing disclosure pilot would 

receive electronic submissions of, and 

would make publicly available on the 

Internet, continuing disclosure 

documents and related information 

voluntarily submitted by issuers, 

obligated persons and their agents. The 

MSRB originally requested approval of 

the continuing disclosure pilot to 

commence operation on May 11, 2009, 

or such later date as may be announced 

by the MSRB in a notice published on 

the MSRB Web site, which date shall be 

no later than 30 days after Commission 

approval of the proposed rule change. In 

addition, the MSRB requested approval 

of the continuing disclosure pilot for a 

period ending on July 1, 2009.6 The 

MSRB has now requested approval of 

this proposed rule change by no later 

than May 22, 2009, so that the MSRB 

may commence operation of the pilot 

continuing disclosure service on June 1, 

2009.7 A full description of the proposal 

is contained in the Commission’s 

Notice. 

As previously noted, the Commission 

received one comment letter relating to 

the proposed rule change.8 The ABA 

expressed concerns regarding certain 

legal issues relating to the protection of 

its intellectual property and contractual 

rights in the CUSIP database (the 

‘‘Database’’) that it states have not yet 

been resolved. The ABA noted that it 

was the owner of the Database, which is 

administered by the CUSIP Service 

Bureau (‘‘CSB’’), as its exclusive 

licensee, and believed it was critical 

that these legal issues be resolved before 

the MSRB be allowed to move forward 

with the proposed expansion and full 

implementation of EMMA. It further 

requested that the operation of the 

EMMA Web site incorporate a variety of 

protections with respect to its 

intellectual property rights, including 

compliance with CSB’s current 

licensing practices, permissible use 

guidelines, appropriate copyright 

notices and adequate security.9

In response to the ABA’s concerns, 

the MSRB and the CSB, as the ABA’s 

exclusive licensee, have entered into a 

memorandum of understanding dated 

May 15, 2009 (the ‘‘MOU’’) in which 

CSB expressly permits use of the CUSIP 

database for purposes, among other 

things, of displaying information on the 

MSRB’s EMMA public Web portal and 

for inclusion in data disseminated by 

the MSRB to subscribers of the EMMA 

data feed. The MSRB has agreed in the 

MOU to provide certain safeguards with 

respect to the ABA’s intellectual 

property and contractual rights of the 

ABA in the CUSIP database.10 The 

Commission believes that the MSRB has 

taken sufficient action to ensure that all 

necessary arrangements will be in place 

in order to operate the continuing 

disclosure pilot as anticipated by the 

implementation date. 

The Commission has carefully 

considered the proposed rule change, 

the comment letter received, and the 

MSRB’s responses to the comment letter 

and finds that the proposed rule change 

is consistent with the requirements of 

the Act and the rules and regulations 

thereunder applicable to the MSRB11

and, in particular, the requirements of 

Section 15B(b)(2)(C) of the Act 12 and 

the rules and regulations thereunder. 

Section 15B(b)(2)(C) of the Act requires, 

among other things, that the MSRB’s 

rules be designed to prevent fraudulent 

and manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in municipal 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market in municipal securities, 

and, in general, to protect investors and 

the public interest.13 In particular, the 

Commission finds that the proposed 

rule change is consistent with the Act 

because the EMMA continuing 

disclosure service, including the pilot 

phase thereof, would serve as an 

additional mechanism by which the 

MSRB works toward removing 

impediments to and helping to perfect 

the mechanisms of a free and open 

market in municipal securities. The 

pilot phase would be an important 

transitional step toward ensuring the 

effective and efficient operation of the 

permanent EMMA continuing 

disclosure service upon launch on July 

1, 2009. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,14 that the 

proposed rule change (SR–MSRB–2009– 

03), be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12441 Filed 5–28–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59939; File No. SR– 

NYSEAmex–2009–17] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change and Amendment No. 1 

Thereto Revising Rules Governing the 

Use of Telephones on the Options 

Trading Floor 

May 19, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that, on May 4, 

2009, NYSE Amex LLC (‘‘NYSE Amex’’ 

or the ‘‘Exchange’’) filed with the 

mstockstill on PROD1PC66 with NOTICES