30184 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

U.S. SMALL BUSINESS ADMINISTRATION OFFICE OF GOVERNMENT CONTRACTING NONMANUFACTURER RULE—Continued 

[Class Waiver in Effect as of March 17, 2009] 

Product service code Date in Federal 

Register NAICS Product 

7110 .............. 6/27/2006 337127 Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches) Manufacturing. 

7195 .............. 6/27/2006 339111 Furniture, hospital (e.g., hospital beds, operating room furniture), Manufacturing. 

7195 .............. 6/27/2006 339111 Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing. 

7220 .............. 1/15/1991 314110 CARPET TILE. 

7220 .............. 5/15/1991 314110 CARPET, WOVEN, 6-FT VINYL BACK BROADLOOM. 

7220 .............. 1/15/1991 314110 CARPET, 6 FT VINYL BACK BROADLOOM. 

7220 .............. 5/15/1991 326192 TILE AND ROLL, VINYL SURFACE. 

7290 .............. 11/15/2005 333415 COMMERCIAL REFRIGERATOR EQUIPMENT. 

7320 .............. 11/15/2005 335221 HOUSEHOLD REFRIGERATOR EQUIPMENT. 

7290 .............. 10/21/2005 333312 COMMERCIAL LAUNDRY EQUIPMENT. 

7320 .............. 10/21/2005 335522 HOUSEHOLD REFRIGERATOR EQUIPMENT. 

7320 .............. 10/21/2005 335221 HOUSEHOLD COOKING EQUIPMENT. 

7510 .............. 1/12/2006 335222, 339940, 

325992, 322231, 

339940 

OFFICE SUPPLIES, PAPER & TONER. 

7610 .............. 8/3/1990 323117 THESAURUSES & DICTIONARIES. 

7730 .............. 7/27/1994 334310 DISC PLAYERS, COMPACT. 

7730 .............. 7/27/1994 334310 TELEVISION RECEIVING SETS. 

8040 .............. 02/09/2005 325520 ADHESIVES AND SEALANTS MANUFACTURING. 

8905 .............. 10/2/1991 311711 TUNA, CANNED. 

8915 .............. 9/23/1991 311421 APRICOTS, CANNED. 

8915 .............. 10/2/1991 311421 CITRUS SECTIONS, CANNED. 

8915 .............. 10/2/1991 311421 SPINACH, CANNED. 

8915 .............. 9/23/1991 311421 TOMATO PASTE, CANNED. 

8925 .............. 10/2/1991 311312 SUGAR, GRANULATED & BROWN. 

9310 .............. 10/2/1991 322224 PAPER BAGS (SMALL HARDWARE TYPE). 

9510 .............. 5/15/1991 331491 BARS & ROD, HIGH NICKEL ALLOY. 

9515 .............. 5/15/1991 331491 PLATE, SHEET, STRIP & FOIL; STAINLESS STEEL & HIGH NICKEL ALLOY. 

9515 .............. 9/25/1990 331315 PLATE, SHEET, STRIP, FOIL & WIRE; HIGH NICKEL ALLOY. 

9520 .............. 5/15/1991 331111 STAINLESS STEEL SHAPES. 

9525 .............. 5/15/1991 331491 WIRE, NONELECTRICAL HIGH NICKEL ALL0Y. 

9530 .............. 5/15/1991 331491 BARS & RODS, HIGH NICKEL ALLOY. 

9530 .............. 8/23/1991 331491 ALUMINUM. 

9530 .............. 8/23/1991 331312 NICKEL-COPPER NICKEL. 

9535 .............. 6/8/2004 331315 ALUMINUM, SHEET, PLATE AND FOIL MANUFACTURING. 

9650 .............. 9/25/1990 331411 COPPER & NICKEL CATHODES. 

9650 .............. 9/25/1990 331411 COPPER CATHODES. 

9650 .............. 9/25/1990 331419 NICKEL BRICKETTES. 

9999 .............. 8/11/2004 333415 ICE MAKING MACHINERY MANUFACTURING. 

* This waiver covers only peripheral equipment when purchasing a mainfame computer (PSC 7021). 

The SBA posted a notice in the 

Federal Register on March 26, 2009 and 

April 22, 2009 in the Federal Business 

Opportunities. SBA received five (5) 

responses from small business concerns. 

A review of the responses determined 

that there were no small business 

manufacturing sources for any of the 

products on the approved class waivers 

in effect as of March 17, 2009. 

Therefore, the list of approved class 

waivers for these products will remain 

in effect until such time of the discovery 

of small business manufacturing 

sources. 

Dated: June 19, 2009. 

James Gambardella, 

Acting Director for Government Contracting. 

[FR Doc. E9–14889 Filed 6–23–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60122; File No. SR– 

NYSEAmex–2009–26] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing of 

Proposed Rule Change to Charge a 

$500 Monthly Fee to Recipients of the 

NYSE Amex Order Imbalance 

Information Datafeed 

June 17, 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 June 5, 

2008, the NYSE Amex LLC (‘‘NYSE 

Amex’’ 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 

NYSE Amex LLC (‘‘NYSE Amex’’ or 

the ‘‘Exchange’’), formerly the American 

Stock Exchange LLC, proposes to charge 

a $500 monthly fee to recipients of the 

NYSE Amex Order Imbalance 

Information datafeed. The text of the 

proposed rule change is available at the 

Exchange, the Commission’s Public 

Reference Room, and http:// 

www.nyse.com. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30185 

3See Securities Exchange Act Release No. 59743 

(April 9, 2009), 74 FR 17699 (April 16, 2009) (SR– 

NYSEAmex–2009–11). 

4See Securities Exchange Act Release No. 59816 

(April 23, 2009), 74 FR 19614 (April 29, 2009) (SR– 

NYSEAmex–2009–13). 

5New York Stock Exchange LLC imposes an 

access fee of $500 per month for its order imbalance 

datafeed. Nasdaq OMX includes order imbalance 

information in its Nasdaq TotalView datafeed. 

Nasdaq OMX imposes end-user charges on both 

professional and nonprofessional subscribers that 

receive TotalView, as well as an array of monthly 

distribution charges that are significantly higher 

than the charge that NYSE Amex is proposing in 

this proposed rule change. 

6See Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (SR–NYSEArca–2006–21) (the ‘‘ArcaBook 

Approval Order’’). 

7 Id. at 74771. 

8 15 U.S.C. 78f(b)(4). 

9 15 U.S.C. 78f(b)(5). 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NYSE Amex 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. NYSE 

Amex 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 

NYSE Amex LLC (‘‘NYSE Amex’’ or 

the ‘‘Exchange’’), formerly the American 

Stock Exchange LLC, proposes to charge 

a $500 monthly fee to recipients of the 

NYSE Amex Order Imbalance 

Information datafeed. 

On April 9, 2009, NYSE Amex 

formally established its NYSE Amex 

Order Imbalance Information datafeed 

service (the ‘‘Implementation Filing’’).3

Subsequent to the Implementation 

Filing, NYSE Amex amended NYSE 

Amex Equity Rules 15 and 123C to 

modify the reference price at which the 

Exchange reports NYSE Amex Order 

Imbalance Information and to clarify 

what is included or excluded from the 

NYSE Amex Order Imbalance 

Information reports (the ‘‘Reference 

Price Filing’’).4

As more fully described in the 

Implementation Filing and the 

Reference Price Filing, NYSE Amex 

Order Imbalance Information provides 

real-time order imbalances that 

accumulate prior to the opening of 

trading on the Exchange and prior to the 

close of trading on the Exchange. The 

Exchange provides this information for 

issues that are likely to be of particular 

trading interest at the opening or 

closing. 

Currently, the Exchange provides this 

datafeed at no cost. The instant filing is 

submitted to establish a $500 monthly 

fee for receipt of the NYSE Amex Order 

Imbalance Information datafeed. This 

proposed $500 monthly fee to recipients 

of the NYSE Amex Order Imbalance 

Information datafeed applies whether 

the recipient receives the datafeed 

directly from the Exchange or indirectly 

from an intermediary. The fee entitles 

the datafeed recipient to make displays 

of that information available to an 

unlimited number of subscribers for no 

extra charge. The Exchange is not 

proposing to impose an end-user or 

display service fee on those subscribers. 

The $500 monthly fee would allow 

vendors to redistribute NYSE Amex 

Order Imbalance Information: (1) 

Without having to differentiate between 

professional subscribers and 

nonprofessional subscribers; (2) without 

having to account for the extent of 

access to data; (3) without having to 

procure contracts with its subscribers 

for the benefit of the Exchange; and (4) 

without having to report the number of 

its subscribers. 

The Exchange submits that the fee 

enables the investment community that 

has an interest in the receipt of order 

imbalance information to contribute to 

the Exchange’s operating costs in a 

manner that is appropriate for this 

market data product. 

In setting the level of the NYSE Amex 

Order Imbalance Information Product 

fee, the Exchange took into 

consideration several factors, including: 

(1) The fees that other Exchanges are 

charging for similar services 5; 

(2) Consultation with some of the 

entities that the Exchange anticipates 

will be the most likely to take advantage 

of the proposed service; 

(3) The contribution of market data 

revenues that the Exchange believes is 

appropriate for entities that provide 

market data to large numbers of 

investors, which are the entities most 

likely to take advantage of the proposed 

service; and 

(4) The contribution that revenues 

accruing from the proposed fee will 

make to meet the overall costs of the 

Exchange’s operations. 

In short, the Exchange believes that 

the proposed NYSE Order Imbalance 

Information fee would reflect an 

equitable allocation of its overall costs 

to users of its facilities. 

The Exchange believes that the level 

of the fee is consistent with the 

approach set forth in the approval order 

issued by the Commission related to 

ArcaBook fees.6 In the ArcaBook 

Approval Order, the Commission stated 

that ‘‘when possible, reliance on 

competitive forces is the most 

appropriate and effective means to 

assess whether the terms for the 

distribution of non-core data are 

equitable, fair and reasonable, and not 

unreasonably discriminatory.’’ 7 It noted 

that if significant competitive forces 

apply to a proposal, the Commission 

will approve it unless a substantial 

countervailing basis exists. 

The Exchange submits that the NYSE 

Amex Order Imbalance Information 

datafeed constitutes ‘‘non-core data’’; 

i.e., the Exchange does not require a 

central processor to consolidate and 

distribute the product to the public 

pursuant to joint-SRO plans. Rather, the 

Exchange distributes this product 

voluntarily. Furthermore, both types of 

the competitive forces that the 

Commission described in the ArcaBook 

Approval Order are present: the 

Exchange has a compelling need to 

attract order flow and the product 

competes with a number of alternative 

products. 

The Exchange must compete 

vigorously for order flow to maintain its 

share of trading volume. This requires 

the Exchange to act reasonably in setting 

market data fees for non-core products 

such as the NYSE Amex Order 

Imbalance Information datafeed. The 

Exchange hopes that NYSE Amex Order 

Imbalance datafeed will enable vendors 

to distribute NYSE Amex order 

imbalance information widely among 

investors, and thereby provide a means 

for promoting the Exchange’s visibility 

in the marketplace. 

2. Statutory Basis 

The bases under the Securities 

Exchange Act of 1934 (the ‘‘1934 Act’’) 

for the proposed rule change are the 

requirement under Section 6(b)(4) 8 that 

an exchange have rules that provide for 

the equitable allocation of reasonable 

dues, fees and other charges among its 

members and other persons using its 

facilities and the requirements under 

Section 6(b)(5) 9 that the rules of an 

exchange be designed to promote just 

and equitable principles of trade, to 

remove impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system, and, in 

30186 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

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. 59876 

(May 6, 2009), 74 FR 22613 (May 13, 2009) 

(‘‘Notice’’). 

4See letter from Kandy Rathinasamy, dated May 

15, 2009 (‘‘Rathinasamy Letter’’). 

5Section 220.12(f)(1) of Regulation T (12 CFR 

220), Supplement: Margin Requirements, grants 

authority to registered national securities exchanges 

to promulgate rules relating to call and put margin 

requirements. 

general, to protect investors and the 

public interest. 

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 that is 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 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 Exchange consents, 

the Commission will: 

(A) By order approve the 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 

No. SR–NYSEAmex–2009–26 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSEAmex–2009–26. 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 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 Number SR– 

NYSEAmex–2009–26 and should be 

submitted on or before July 15, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14796 Filed 6–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60126; File No. SR–CBOE– 

2008–55] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Granting Approval 

to a Proposed Rule Change, as 

Modified by Amendment No. 1, 

Relating to Margin Requirements 

June 17, 2009. 

I. Introduction 

On June 2, 2008, pursuant to Section 

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

of 1934 (the ‘‘Act’’),1 and Rule 19b–4 

thereunder,2 the Chicago Board Options 

Exchange, Incorporated (the ‘‘Exchange’’ 

or ‘‘CBOE’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) a proposed rule change 

to modify its margin requirements to 

facilitate, under certain circumstances, 

the ability of account holders to use 

vested and currently exercisable 

compensatory employee stock options 

(‘‘Vested Employee Options’’) issued by 

publicly traded companies as collateral 

for writing call options that have the 

same underlying security as the Vested 

Employee Options. On May 3, 2009, 

CBOE filed Amendment No. 1. The 

proposed rule change was published for 

comment in the Federal Register on 

May 13, 2009.3 The Commission 

received one comment letter on the 

proposed rule change.4

II. Description 

The Exchange proposes to amend its 

margin requirements to facilitate, under 

certain circumstances, the ability of 

account holders to use Vested Employee 

Options issued by publicly traded 

companies (‘‘Issuers’’) as collateral for 

writing call options that have the same 

underlying security as the Vested 

Employee Options. Specifically, the 

proposal would allow account holders 

to sell, as a hedge, listed equity call 

options on the same underlying security 

as the account holder’s Vested 

Employee Options without the 

requirement of margin (the 

‘‘Transactions’’). The proposal would 

permit account holders to engage in the 

Transactions using their Vested 

Employee Options as collateral. 

Currently, such Transactions would be 

deemed ‘‘naked’’ for purposes of margin 

rules and subject to a deposit of cash 

margin, effectively making the strategies 

cost prohibitive and impractical. The 

Exchange believes that enabling 

employees who hold Vested Employee 

Options to generate income and 

liquidity on their otherwise illiquid 

asset through the listed options markets 

will benefit investors by providing 

greater transparency and liquidity. 

Under Section 220.12(f)(1) of 

Regulation T,5 the Exchange, as a 

registered national securities exchange, 

is permitted to recognize the type of 

transactions described below as eligible 

for margin treatment subject to the 

approval of the Commission. 

The proposal would permit account 

holders to sell listed call options on the 

same security that underlies their 

Vested Employee Options without the 

requirement of margin. Given the 

uncertificated nature of employee stock 

options, in order to secure the account