California Disaster Number CA-00132, 74797-74798 [E8-29116]
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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.
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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
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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.
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74798
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
Effective Date: 11/28/2008.
Physical Loan Application Deadline
Date: 01/21/2009.
EIDL Loan Application Deadline Date:
08/18/2009.
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 the State of California,
dated 11/18/2008 is hereby amended to
establish the incident period for this
disaster as beginning 11/13/2008 and
continuing through 11/28/2008.
All other information in the original
declaration remains unchanged.
for the State of Missouri, dated 11/13/
2008 is hereby amended to include the
following areas as adversely affected by
the disaster:
DEPARTMENT OF TRANSPORTATION
Primary Counties: (Physical Damage
and Economic Injury Loans):
Howell, Jefferson
Contiguous Counties: (Economic Injury
Loans Only):
Missouri: Oregon, Saint Francois,
Sainte Genevieve, Washington
Arkansas: Fulton
Sunshine Act Meeting; Unified Carrier
Registration Plan Board of Directors
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. E8–29108 Filed 12–8–08; 8:45 am]
BILLING CODE 8025–01–P
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Herbert L. Mitchell,
Associate Administrator for Disaster
Assistance.
[FR Doc. E8–29116 Filed 12–8–08; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #11525 and #11526]
pwalker on PROD1PC71 with NOTICES
Dated: December 3, 2008.
William A. Quade,
Associate Administrator for Enforcement and
Program Delivery.
[FR Doc. E8–29195 Filed 12–5–08; 4:15 pm]
Old Business
DEPARTMENT OF TRANSPORTATION
Approval of minutes of October 30,
2008, Board meeting.
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for the State of Missouri
(FEMA–1809–DR), dated 11/13/2008.
Incident: Severe Storms, Flooding,
and a Tornado.
Incident Period: 09/11/2008 through
09/24/2008.
EFFECTIVE DATE: 12/02/2008.
Physical Loan Application Deadline
Date: 01/12/2009.
EIDL Loan Application Deadline Date:
08/13/2009.
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 Presidential disaster declaration
Jkt 217001
TIME AND DATE: 3 p.m. EST, December
11, 2008, TVA Chattanooga Office
Complex, 1101 Market Street,
Chattanooga, Tennessee.
BILLING CODE 4910–EX–P
AGENCY: U.S. Small Business
Administration.
ACTION: Amendment 1.
19:54 Dec 08, 2008
Sunshine Act; (Meeting No. 08–06)
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
TIME AND DATE: January 13, 2009, from
1 p.m. until 5 p.m., and January 14,
2009, from 8 a.m. until 12 Noon, Central
Standard Time.
PLACE: This meeting will take place at
the Hilton Garden Inn, 500 North
Interstate 35, Austin, TX 78701.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Plan Board of
Directors at (505) 827–4565.
Agenda
Missouri Disaster Number MO–00033
VerDate Aug<31>2005
TENNESSEE VALLEY AUTHORITY
Federal Motor Carrier Safety
Administration
Federal Railroad Administration
New Business
Petition for Special Approval of
Alternate Standard
1. Report of the Finance, Strategy,
Rates, and Administration Committee.
A. Approval of incentive goals.
B. Rate classification for data centers.
For more information: Please call
TVA Media Relations at (865) 632–6000,
Knoxville, Tennessee. People who plan
to attend the meeting and have special
needs should call (865) 632–6000.
Anyone who wishes to comment on any
of the agenda in writing may send their
comments to: TVA Board of Directors,
Board Agenda Comments, 400 West
Summit Hill Drive, Knoxville,
Tennessee 37902.
In accordance with Part 238.21 of
Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the
Federal Railroad Administration (FRA)
received a request for approval of an
Alternate Standard of compliance with
certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Dated: December 4, 2008.
Maureen H. Dunn,
General Counsel and Secretary.
[FR Doc. E8–29294 Filed 12–5–08; 4:15 pm]
The American Public Transit
Association (APTA) seeks approval for
use of an alternate standard required to
be used in accordance with the
Passenger Equipment Safety Standards,
49 CFR Part 238, Section 311, single car
test of passenger equipment brakes.
BILLING CODE 8120–01–P
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American Public Transit Association
[Special Approval Petition Docket Number
FRA–2005–20853]
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Agencies
[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74797-74798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29116]
-----------------------------------------------------------------------
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.
[[Page 74798]]
Effective Date: 11/28/2008.
Physical Loan Application Deadline Date: 01/21/2009.
EIDL Loan Application Deadline Date: 08/18/2009.
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 the State of California, dated 11/18/2008 is hereby
amended to establish the incident period for this disaster as beginning
11/13/2008 and continuing through 11/28/2008.
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. E8-29116 Filed 12-8-08; 8:45 am]
BILLING CODE 8025-01-P