Arkansas Disaster Number AR-00026, 74797 [E8-29115]

Download as PDF Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices CTA and CQ Plans,’’ and the contracts need not be amended to cause them to govern the receipt and use of the Exchange’s data.343 The Exchange maintains that because ‘‘the terms and conditions of the CTA/CQ contracts do not change in any way with the addition of the Exchange’s market data * * * there are no changes for the industry or Commission to review.’’ 344 The Commission believes that the Exchange may use the CTA/CQ Vendor and Subscriber Agreements to govern the distribution of NYSE Arca Data.345 It notes that the NYSE used the CTA Vendor Agreement to govern the distribution of its OpenBook and Liquidity Quote market data products.346 Moreover, the Exchange represents that, following consultations with vendors and end-users, and in response to client demand: [The Exchange] chose to fold itself into an existing contract and administration system rather than to burden clients with another set of market data agreements and another market data reporting system, both of which would require clients to commit additional legal and technical resources to support the Exchange’s data products.347 In addition, the Exchange has represented that it is ‘‘not imposing restrictions on the use or display of its data beyond those set forth’’ in the existing CTA/CQ Vendor and Subscriber Agreements.348 The Commission 343 NYSE pwalker on PROD1PC71 with NOTICES 344 NYSE Arca Response I at 3. Arca Response I at 3 (emphasis in original). 345 The Commission is not approving the CTA/CQ Vendor and Subscriber Agreements, which the CTA and CQ Plan Participants filed with the Commission as amendments to the CTA and CQ Plans that were effective on filing with the Commission pursuant to Rule 608(b)(3)(iii) of Regulation NMS (previously designated as Exchange Act Rule 11Aa3–2(c)(3)(iii)). See, e.g., Securities Exchange Act Release No. 28407 (September 6, 1990), 55 FR 37276 (September 10, 1990) (File No. 4–2811) (notice of filing and immediate effectiveness of amendments to the CTA Plan and the CQ Plan). Rule 608(b)(3)(iii) of Regulation NMS (previously designated as Exchange Act Rule 11Aa3–2(c)(3)(iii)) allows a proposed amendment to a national market system plan to be put into effect upon filing with the Commission if the plan sponsors designate the proposed amendment as involving solely technical or ministerial matters. 346 Securities Exchange Act Release Nos. 53585 (March 31, 2006), 71 FR 17934 (April 7, 2006) (order approving File Nos. SR–NYSE–2004–43 and NYSE–2005–32) (relating to OpenBook); and 51438 (March 28, 2005), 70 FR 17137 (April 4, 2005) (order approving File No. SR–NYSE–2004–32) (relating to Liquidity Quote). For the both the OpenBook and Liquidity Quote products, the NYSE attached to the CTA Vendor Agreement an Exhibit C containing additional terms governing the distribution of those products, which the Commission specifically approved. NYSE Arca is not including additional contract terms in the Proposal. 347 NYSE Arca Response I at 4. 348 NYSE Arca Response I at 3. VerDate Aug<31>2005 17:00 Dec 08, 2008 Jkt 217001 therefore does not believe that the Exchange is amending or adding to such agreements. A commenter also stated that the Exchange has not recognized the rights of a broker or dealer, established in Regulation NMS, to distribute its order information, subject to the condition that it does so on terms that are fair and reasonable and not unreasonably discriminatory.349 In response, the Exchange states that the CTA/CQ Vendor and Subscriber Agreements do not prohibit a broker-dealer member of an SRO participant in a Plan from making available to the public information relating to the orders and transaction reports that it provides to the SRO participant.350 Accordingly, the Commission believes that the Exchange has acknowledged the rights of a broker or dealer to distribute its market information, subject to the requirements of Rule 603(a) of Regulation NMS. A commenter also stated that the Exchange has failed to consider the administrative burdens that the proposal would impose, including the need for broker-dealers to develop system controls to track ArcaBook access and usage.351 In response, the Exchange represents that it has communicated with its customers to ensure system readiness and is using ‘‘a long-standing, well-known, broadlyused administrative system’’ to minimize the amount of development effort required to meet the administrative requirements associated with the proposal.352 Accordingly, the Commission believes that NYSE Arca has reasonably addressed the administrative requirements associated with the Proposal. VII. Conclusion It is therefore ordered that the earlier action taken by delegated authority, Securities Exchange Act Release No. 54597 (October 12, 2006) 71 FR 62029 (October 20, 2006), is set aside and, pursuant to section 19(b)(2) of the Exchange Act, the Proposal (SR– NYSEArca–2006–21) is approved. By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8–28908 Filed 12–8–08; 8:45 am] BILLING CODE 8011–01–P 349 SIFMA I at 7. Arca Response I at 4. 351 SIFMA I at 8. 352 NYSE Arca Response I at 4–5. 350 NYSE PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 74797 SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11514 and #11557] Arkansas Disaster Number AR–00026 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Arkansas (FEMA–1804–DR), dated 10/22/2008. Incident: Tropical Storm Ike. Incident Period: 09/13/2008 through 09/23/2008. DATES: Effective Date: 11/28/2008. Physical Loan Application Deadline Date: 12/22/2008. Economic Injury (EIDL) Loan Application Deadline Date: 07/22/2009. 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: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of Arkansas, dated 10/22/2008, is hereby amended to include the following areas as adversely affected by the disaster. Primary Counties: Clark, Montgomery, Nevada, Pike. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8–29115 Filed 12–8–08; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11541 and #11542] California Disaster Number CA–00132 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of California (FEMA–1810–DR), dated 11/18/2008. Incident: Wildfires. Incident Period: 11/13/2008 and continuing through 11/28/2008. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Page 74797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29115]


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SMALL BUSINESS ADMINISTRATION

[Disaster Declaration 11514 and 11557]


Arkansas Disaster Number AR-00026

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Arkansas 
(FEMA-1804-DR), dated 10/22/2008.
    Incident: Tropical Storm Ike.
    Incident Period: 09/13/2008 through 09/23/2008.

DATES: Effective Date: 11/28/2008.
    Physical Loan Application Deadline Date: 12/22/2008.
    Economic Injury (EIDL) Loan Application Deadline Date: 07/22/2009.

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: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Arkansas, dated 10/22/2008, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Clark, Montgomery, Nevada, Pike.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
 [FR Doc. E8-29115 Filed 12-8-08; 8:45 am]
BILLING CODE 8025-01-P
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