Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 32027 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

an exchange have an equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. As 

discussed above, the ISE believes that 

this proposed rule change will equitably 

allocate fees by having all non-customer 

users of ISE transaction services pay the 

same fees. If the ISE were not to charge 

Linkage fees, the Exchange’s fee would 

not be equitable, in that ISE Members 

would be subsidizing the trading of 

their competitors, all of whom access 

the same trading services. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the Act. 

Moreover, failing to adopt the proposed 

rule change would impose a burden on 

competition by requiring ISE Members 

to subsidize the trading of their 

competitors. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, if 

consistent with the protection of 

investors and the public interest, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 6 and Rule 19b– 

4(f)(6) thereunder.7

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

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–ISE–2009–36 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–ISE–2009–36. 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–ISE– 

2009–36 and should be submitted on or 

before July 27, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–15739 Filed 7–2–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60174; File No. SR–BX– 

2009–030] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Extend the 

Current Pilot Program for Linkage Fees 

on the Boston Options Exchange 

Facility 

June 25, 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 June 23, 

2009, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 amend the 

Fee Schedule of the Boston Options 

Exchange Group, LLC (‘‘BOX’’), the 

options trading facility of the Exchange, 

to extend until July 31, 2010, the current 

pilot program applicable to the options 

intermarket linkage (‘‘Linkage’’) fees. 

The text of the proposed rule change is 

available from the principal office of the 

Exchange, at the Commission’s Public 

Reference Room and also on the 

Exchange’s Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 

mstockstill on PROD1PC66 with NOTICES

32028 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

3Under Section 1(j) of Chapter XII of the BOX 

Rules, a ‘‘Linkage Order’’ means an Immediate or 

Cancel order routed through Linkage. There are 

three types of Linkage Orders: 

(i) ‘‘P/A Order,’’ which is an order for the 

principal account of a Market Maker (or equivalent 

entity on another Participant Exchange that is 

authorized to represent Public Customer orders), 

reflecting the terms of a related unexecuted Public 

Customer order for which the Market Maker is 

acting as agent; 

(ii) ‘‘P Order,’’ which is an order for the principal 

account of a market maker (or equivalent entity on 

another Participant exchange) and is not a P/A 

Order; and 

(iii) ‘‘Satisfaction Order,’’ which is an order sent 

through the Linkage to notify a Participant 

Exchange of a Trade-Through and to seek 

satisfaction of the liability arising from that Trade 

Through. 

4See Securities Exchange Act Release No. 58082 

(July 2, 2008), 73 FR 39746 (July 10, 2008) (SR– 

BSE–2008–35). See also Securities Exchange Act 

Release No. 56167 (July 30, 2007), 72 FR 43302 

(August 3, 2007) (SR–BSE–2007–33). See also 

Securities Exchange Act Release No. 54225 (July 27, 

2006), 71 FR 44056 (August 3, 2006) (SR–BSE 

2006–26). See also Securities Exchange Act Release 

No. 52147 (July 28, 2005) 70 FR 44706 (August 3, 

2005) (SR–BSE–2005–28). 

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

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

proposed rule change. The text of those 

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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange’s fees for Principal 

(‘‘P’’) and Principal Acting as Agent 

(‘‘P/A’’) Orders 3 executed on BOX 

currently operate under a pilot program 

scheduled to expire on July 31, 2009.4

The Exchange proposes to extend the 

current pilot program for such Linkage 

fees through July 31, 2010. Because all 

Linkage orders received by BOX are for 

the account of a market maker on 

another exchange, Linkage fees that are 

applicable to P and P/A orders are the 

same as fees applicable to market 

makers on other exchanges that submit 

orders to BOX outside of Linkage. The 

side of a BOX trade opposite an inbound 

P or P/A order would be billed normally 

as any other BOX trade. Consistent with 

the Linkage Plan, no fees will be 

charged to a party sending a Satisfaction 

Order to BOX. Rather, a fee will be 

charged to the BOX Participant that was 

responsible for the trade-through that 

caused the Satisfaction Order to be sent. 

The Exchange believes that extending 

the Linkage fee pilot program until July 

31, 2010, will give the Exchange and the 

Commission additional time and 

opportunity to evaluate the 

appropriateness of Linkage fees. 

The Exchange also proposes to make 

a non-substantive change by correcting 

a cross-reference to an earlier section 

within the Fee Schedule regarding the 

pass through of surcharge fees. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,5

in general, and Section 6(b)(4) of the 

Act,6 in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. 

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 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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, if 

consistent with the protection of 

investors and the public interest, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 7 and Rule 19b– 

4(f)(6) thereunder.8

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

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–BX–2009–030 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–BX–2009–030. 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–BX– 

2009–030 and should be submitted on 

or before July 27, 2009. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 32029 

9 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–15738 Filed 7–2–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2009–0001–N–16] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, the 

Federal Railroad Administration (FRA) 

hereby announces that it is seeking 

approval of the following information 

collection activities. Before submitting 

these information collection 

requirements for clearance by the Office 

of Management and Budget (OMB), FRA 

is soliciting public comment on specific 

aspects of the activities identified 

below. 

DATES: Comments must be received no 

later than September 4, 2009. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590, or Ms. Nakia 

Jackson, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number 2130–New.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via e-mail to 

Mr. Brogan at robert.brogan@dot.gov, or 

to Ms. Jackson at 

nakia.jackson@dot.gov. Please refer to 

the assigned OMB control number and 

the title of the information collection in 

any correspondence submitted. FRA 

will summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. Nakia Jackson, Office 

of Information Technology, RAD–20, 

Federal Railroad Administration, 1200 

New Jersey Ave., SE., Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6073). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law No. 104–13, § 2, 109 

Stat. 163 (1995) (codified as revised at 

44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR Part 

1320, require Federal agencies to 

provide 60-days notice to the public for 

comment on information collection 

activities before seeking approval of 

such activities by OMB. 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1), 

1320.10(e)(1), 1320.12(a). Specifically, 

FRA invites interested respondents to 

comment on the following summary of 

proposed information collection 

activities regarding (i) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (ii) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (iii) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (iv) ways for FRA to 

minimize the burden of information 

collection activities on the public by 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). See 44 U.S.C. 

3506(c)(2)(A)(I)–(iv); 5 CFR 

1320.8(d)(1)(I)–(iv). FRA believes that 

soliciting public comment will promote 

its efforts to reduce the administrative 

and paperwork burdens associated with 

the collection of information mandated 

by Federal regulations. In summary, 

FRA reasons that comments received 

will advance three objectives: (i) Reduce 

reporting burdens; (ii) ensure that it 

organizes information collection 

requirements in a ‘‘user friendly’’ format 

to improve the use of such information; 

and (iii) accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

Below is a brief summary of the 

proposed information collection 

activities that FRA will submit for 

clearance by OMB as required under the 

PRA: 

Title: Track Transportation Time 

Study. 

OMB Control Number: 2130–New. 

Abstract: The Rail Safety 

Improvement Act of 2008 (Pub. L. 110– 

432) calls for a track inspection time 

study to be performed by FRA. The 

information required to develop the 

report will be at least partially obtained 

through a series of information 

gathering surveys which are focused on 

various aspects of track inspection. Each 

survey will be customized for a 

particular segment of the workforce and 

will include track inspectors, track 

supervisors or roadmasters, middle 

management (division engineers), and 

senior management (chief engineers). 

The purpose of the proposed study is 

to address four issues raised in the Rail 

Safety Improvement Act: (1) Determine 

whether the required intervals of track 

inspections for each class of track 

should be amended; (2) Determine 

whether track remedial action 

requirements should be amended; (3) 

Determine whether different track 

inspection and repair priorities or 

methods should be required; and (4) 

Determine whether the speed at which 

railroad track inspection vehicles 

operate and the scope of the territory 

they generally cover allow for proper 

inspection of the track and whether 

such speed and appropriate scope 

should be regulated by the Secretary. 

Form Number(s): FRA F 6180.136; 

FRA F 6180.137. 

Affected Public: Railroad Employees. 

Respondent Universe: 500 

Individuals. 

Frequency of Submission: On 

occasion. 

mstockstill on PROD1PC66 with NOTICES