Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34057 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

[FR Doc. E9–16351 Filed 7–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11804 and #11805] 

Illinois Disaster #IL–00022 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Illinois ( FEMA–1850–DR) 

, dated 07/02/2009. 

Incident: Severe Storms, Flooding, 

and Tornadoes. 

Incident Period: 05/08/2009 through 

05/09/2009. 

Effective Date: 07/02/2009. 

Physical Loan Application Deadline 

Date: 08/31/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 04/02/2010. 

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 

President’s major disaster declaration on 

07/02/2009, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications 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: 

Franklin, Gallatin, Jackson, Randolph, 

Saline, Williamson. 

The Interest Rates are: 

Percent 

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 11804B and for 

economic injury is 11805B. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–16598 Filed 7–13–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Waiver of the 

Nonmanufacturer Rule for 13 Watt 

Compact Fluorescent Lamps (CFLs), 26 

Watt CFLs, and Occupancy Sensors 

Dual Technology. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a class 

waiver of the Nonmanufacturer Rule for 

13 Watt CFLs, 26 Watt CFLs, and 

Occupancy Sensors Dual Technology. 

The basis for the waiver is that no small 

businesses manufacturers are supplying 

these classes of products to the Federal 

government. The effect of a waiver 

would be to allow otherwise qualified 

small businesses to supply the products 

of any manufacturer on a Federal 

contract set aside for small businesses, 

service-disabled veteran-owned small 

businesses, or Participants in SBA’s 8(a) 

Business Development (BD) Program. 

DATES: The waiver is effective July 29, 

2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Edith G. Butler, by telephone at (202) 

619–0422; by FAX at (202) 481–1788; or 

by e-mail at edith.butler@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act (Act), 

and 15 U.S.C. 637(a)(17), require SBA’s 

implementing regulations that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

Participants in the SBA’s 8(a) BD 

Program must provide the product of a 

small business manufacturer or 

processor, if the recipient is other than 

the actual manufacturer or processor of 

the product. This requirement is 

commonly referred to as the 

Nonmanufacturer Rule. The SBA’s 

regulations imposing this requirement 

are found at 13 CFR 121.406(b), 

125.15(c). Section 8(a)(17)(b)(iv) of the 

Act authorizes SBA to waive the 

Nonmanufacturer Rule for any ‘‘class of 

products’’ for which there are no small 

business manufacturers or processors 

available to participate in the Federal 

market. 

In order to be considered available to 

participate in the Federal market for a 

class of products, a small business 

manufacturer must have submitted a 

proposal for a contract solicitation or 

received a contract from the Federal 

government within the last 24 months. 

13 CFR 121.1202(1). The SBA defines 

‘‘class of products’’ based on the Office 

of Management and Budget North 

American Industry Classification 

System (NAICS). In addition, SBA uses 

product service codes to identify 

particular products within the NAICS 

code to which a waiver would apply. 

The SBA received a request on May 

13, 2009, to waiver the 

Nonmanufacturer Rule for 13 Watt 

CFLs, 26 Watt CFLs, and Occupancy 

Sensors Dual, North American Industry 

Classification System (NAICS) code 

335110, product service code 6240. In 

response, no small business 

manufacturers were identified. 

Dated: July 8, 2009. 

James A. Gambardella, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. E9–16597 Filed 7–13–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60246; File No. SR–BX– 

2009–031] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Provide an 

Optional Anti-Internalization 

Functionality 

July 6, 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 24, 

2009, NASDAQ OMX BX, Inc. 

(‘‘NASDAQ OMX BX’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by NASDAQ OMX BX. 

NASDAQ OMX BX filed the proposed 

rule change as a ‘‘non-controversial’’ 

proposed rule change pursuant to 

Section 19(b)(3)(A) of the Act 3 and Rule 

19b–4(f)(6) thereunder,4 which renders 

the proposal effective upon filing with 

the Commission. The Commission is 

mstockstill on DSKH9S0YB1PROD with NOTICES

34058 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7See SR–NASD–2003–039. 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with 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 fulfilled this requirement. 

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 

NASDAQ OMX BX is filing with the 

Commission a proposed rule change to 

provide an optional anti-internalization 

functionality. 

The text of the proposed rule change 

is below. Proposed new language is 

underlined and proposed deletions are 

in brackets. 

* * * * * 

4757. Book Processing 

System orders shall be executed 

through the Book Process set forth 

below: 

(a) Execution Algorithm–Price/ 

Time—The System shall execute 

equally priced or better priced trading 

interest within the System in price/time 

priority in the following order: 

(1)–(2) No Change. 

(3) Exception: Anti-Internalization— 

Market participants may direct that 

quotes/orders entered into the System 

not execute against quotes/orders 

entered under the same MPID. In such 

a case, the later entered of the quote/ 

orders will be cancelled back to the 

entering party. 

(b)–(c) No Change. 

* * * * * 

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. 

NASDAQ OMX BX 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 

NASDAQ OMX BX is proposing to 

provide a voluntary anti-internalization 

function. Under the proposal, market 

participants entering quotes/orders 

under a specific market participant 

identifier (‘‘MPID’’) may voluntarily 

direct that they not execute against 

other quotes/orders entered into the 

System under the same MPID. 

Under the proposal, the System, if 

requested, will not execute quote/orders 

entered under the same MPID against 

each other. Instead, the System will 

execute against all eligible trading 

interest of other market participants, in 

time-priority, up to the point where it 

would interact with a resting order 

having the MPID and thereupon 

immediately cancel any remaining 

portion of the most recently entered of 

the two same-MPID quote/orders to its 

entering party. 

Anti-internalization functionality is 

designed to assist market participants in 

complying with certain rules and 

regulations of the Employee Retirement 

Income Security Act (‘‘ERISA’’) that 

preclude and/or limit managing brokerdealers of such accounts from trading as 

principal with orders generated for 

those accounts. It can also assist market 

participants in reducing execution fees 

potentially resulting from the 

interaction of executable buy and sell 

trading interest from the same firm. 

Nasdaq OMX BX notes that use of the 

functionality does not relieve or 

otherwise modify the duty of best 

execution owed to orders received from 

public customers. As such, market 

participants using anti-internalization 

functionality will need to take 

appropriate steps to ensure that public 

customer orders that do not execute 

because of the use of anti-internalization 

functionality ultimately receive the 

same execution price (or better) they 

would have originally obtained if 

execution of the order was not inhibited 

by the functionality. 

2. Statutory Basis 

Nasdaq OMX BX believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,5

in general, and with Sections [sic] 

6(b)(5) of the Act,6 in particular, in that 

the proposal is 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 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

Nasdaq OMX BX notes that similar 

functionality has previously [sic] 

approved for other trading systems.7

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ OMX BX does not believe 

that the proposed rule change will result 

in 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 

Written comments on the proposed 

rule change were neither solicited nor 

received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 8 and Rule 19b– 

4(f)(6) thereunder.9

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–2009–031 on the 

subject line. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34059 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5 15 U.S.C. 78f. 

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

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–2009–031. 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 such filing also will be 

available for inspection and copying at 

the principal office of the NASDAQ 

OMX BX. 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– 

2009–031 and should be submitted on 

or before August 4, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16553 Filed 7–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60258; File No. SR–CHX– 

2009–07] 

Self-Regulatory Organizations; 

Chicago Stock Exchange, Inc.; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change Relating to 

Participant Fees and Credits 

July 7, 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 29, 

2009, the Chicago Stock Exchange, Inc. 

(‘‘CHX’’ 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. CHX filed the proposal 

pursuant to Section 19(b)(3)(A) of the 

Act 3 and Rule 19b–4(f)(2) thereunder,4

which renders the proposal effective 

upon filing with the Commission. 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 CHX proposes to amend its 

Schedule of Participant Fees and 

Assessments (the ‘‘Fee Schedule’’), 

effective July 1, 2009, to provide for an 

increased rebate for trade executions of 

one-sided orders in Tape A and C 

securities which execute within the 

Exchange’s Matching System. The 

Exchange also proposes to delete 

obsolete text from the Fee Schedule. 

The text of this proposed rule change is 

available on the Exchange’s Web site at 

http://www.chx.com/rules/ 

proposed_rules.htm and in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549. 

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 

Through this filing, the Exchange 

would amend its Fee Schedule, effective 

July 1, 2009, to provide for an increased 

rebate for trade executions of one-sided 

orders in Tape A and C securities which 

execute within the Exchange’s Matching 

System. The Fee Schedule would be 

amended to provide for an increased 

Rebate of $0.0029 per share in Tape A 

and C securities if liquidity was 

provided to the Matching System. The 

Exchange believes that the increased 

rebate will help attract additional orders 

to be displayed and executed on our 

trading facilities. The Exchange notes 

that some of our competitors have 

recently raised their provide rebates, 

and that our proposed increase will help 

us remain competitive with these 

entities. While an increase in 

transaction volume would not increase 

the amount of direct transaction revenue 

in Tape A and C securities to the 

Exchange (since the provide credit 

would equal the take fees), the Exchange 

believes that an increase in market data 

revenue arising from the execution of 

such transactions would provide 

additional revenue. 

Finally, the Exchange proposes to 

make certain minor corrections and 

updates to the Fee Schedule. These 

corrections and updates include the 

deletion of certain obsolete sections of 

the Fee Schedule which refer to 

Specialist Credits and the Specialist 

Fixed Fee. The Exchange discontinued 

its Specialist program as part of the 

transition to its New Trading Model in 

late 2006 and early 2007, and such fees 

are no longer being assessed. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act 5 in general, and 

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

of the Act 6 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among its members. Among other 

things, the change to the fee schedule 

would increase the amount of credits 

paid to liquidity providers and may 

contribute to an increase in trading 

volume on the Exchange’s facilities and 

mstockstill on DSKH9S0YB1PROD with NOTICES