60-Day Notice of Proposed Information Collection: DS-0174, Application for Employment as a Locally Employed Staff or Family Member, OMB Control Number 1405-XXXX, 14607-14608 [E9-7212]
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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices
the same customers on whose orders it
depends for competitive survival.31
In addition to the need to attract order
flow, the availability of alternatives to
BX’s TotalView data significantly affect
the terms on which BX can distribute
this market data.32 In setting the fees for
its BX TotalView data, BX must
consider the extent to which market
participants would choose one or more
alternatives instead of purchasing the
exchange’s data.33 Of course, the most
basic source of information generally
available at an exchange is the complete
record of an exchange’s transactions that
is provided in the core data feeds.34 In
this respect, the core data feeds that
include an exchange’s own transaction
information are a significant alternative
to the exchange’s market data product.35
For more specific information
concerning depth, market participants
can choose among products offered by
the various exchanges and ECNs.36 The
various self-regulatory organizations,
the several Trade Reporting Facilities of
FINRA, and ECNs that produce
proprietary data are all sources of
competition. In addition, market
participants can assess depth with tools
other than market data, such as
‘‘pinging’’ orders that search out both
displayed and nondisplayed size at all
price points within an order’s limit
price.37
In sum, there are a variety of
alternative sources of information that
impose significant competitive
pressures on the BX in setting the terms
for distributing its depth-of-book order
data. The Commission believes that the
availability of those alternatives, as well
as the BX’s compelling need to attract
order flow, imposed significant
31 See
NYSE Arca Order at 74783.
Richard Posner, Economic Analysis of Law
§ 9.1 (5th ed. 1998) (discussing the theory of
monopolies and pricing). See also U.S. Dep’t of
Justice & Fed’l Trade Comm’n, Horizontal Merger
Guidelines § 1.11 (1992), as revised (1997)
(explaining the importance of alternatives to the
presence of competition and the definition of
markets and market power). Courts frequently refer
to the Department of Justice and Federal Trade
Commission merger guidelines to define product
markets and evaluate market power. See, e.g., FTC
v. Whole Foods Market, Inc., 502 F. Supp. 2d 1
(D.D.C. 2007); FTC v. Arch Coal, Inc., 329 F. Supp.
2d 109 (D.D.C. 2004). In considering antitrust
issues, courts have recognized the value of
competition in producing lower prices. See, e.g.,
Leegin Creative Leather Products v. PSKS, Inc., 127
S. Ct. 2705 (2007); Atlanta Richfield Co. v. United
States Petroleum Co., 495 U.S. 328 (1990);
Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
475 U.S. 574 (1986); State Oil Co. v. Khan, 522 U.S.
3 (1997); Northern Pacific Railway Co. v. U.S., 356
U.S. 1 (1958).
33 See NYSE Arca Order at 74783.
34 Id.
35 Id.
36 See NYSE Arca Order at 74784.
37 Id.
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32 See
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competitive pressure on the BX to act
equitably, fairly, and reasonably in
setting the terms of its proposal.
Because the BX was subject to
significant competitive forces in setting
the terms of the proposal, the
Commission will approve the proposal
in the absence of a substantial
countervailing basis to find that its
terms nevertheless fail to meet an
applicable requirement of the Act or the
rules thereunder. An analysis of the
proposal does not provide such a basis.
Further, the Commission did not receive
any comment letters raising concerns of
a substantial countervailing basis that
the terms of the proposal failed to meet
the requirements of the Act or the rules
thereunder.
The Commission notes that BX is
effectively entering the competitive
markets for equities trading as a start-up
venture. If its fees are not set at a level
that will promote competition in these
markets, potential users will simply
continue to obtain services from the
Exchange’s multiple competitors.
Accordingly, the Exchange must set fees
for market data and transaction
executions that promote the Exchange
as a trading venue. If its fees are set at
inappropriately high levels, market
participants will seek to avoid using the
Exchange, and the Exchange’ market
data will have little value to market
participants. Thus, consistent with the
analysis set forth in the NYSE Arca
Order, the Exchange’s operations,
products and services must be designed
to promote competition in order to
succeed and provide market
participants with viable and costeffective alternatives to existing
competitors.
B. Testing and Other Fees
The Exchange proposes to establish
new fees for its testing facility at the
rates of $285 per hour for an active
connection during the facility’s normal
operating hours and $333 per hour for
an active connection at other times.
Under the proposal, the Exchange will
waive fees for testing of new, enhanced,
or modified services and/or software
offered by the Exchange, as well as for
modifications initiated by the Exchange
and for a 30-day period for new
subscribers to existing services, the
testing fees will not be charged until the
later of (i) approval of this filing, or (ii)
30 days after the launch of the NASDAQ
OMX BX Equities System. Thereafter,
fees will be waived for a 30-day period
for each new market participant. The
Commission notes that the Exchanges’s
new fees for its testing facility are at
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14607
levels identical to the fees for the
NASDAQ Exchange’s testing facility.38
In addition, the Exchange proposes
new fee rules related to special data
requests to allow the Exchange to
recoup costs associated with responding
to ad hoc requests for market data, such
as requests that may be made by news
reporters or academic researchers.39 The
Exchange also proposes fees for partial
month charges to enable market data
distributors to elect to be billed on a
prorated basis during the month of
initiation or termination of service.40
The Commission notes that these new
fees for special data requests and partial
month charges are similar to
corresponding NASDAQ Exchange
rules.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,41 that the
proposed rule change (SR–BX–2009–
005) be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.42
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–7085 Filed 3–30–09; 8:45 am]
BILLING CODE
DEPARTMENT OF STATE
[Public Notice 6562]
60-Day Notice of Proposed Information
Collection: DS–0174, Application for
Employment as a Locally Employed
Staff or Family Member, OMB Control
Number 1405–XXXX
ACTION: Notice of request for public
comments.
SUMMARY: The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register preceding submission to OMB.
We are conducting this process in
accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Department of State Application for
Employment as a Locally Employed
Staff or Family Member.
• OMB Control Number: 1405–XXXX.
• Type of Request: New collection.
38 See
proposed Equity Rule 7030(d).
proposed Equity Rule 7030(b).
40 See proposed Equity Rule 7031.
41 15 U.S.C. 78s(b)(2).
42 17 CFR 200.30–3(a)(12).
39 See
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14608
Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices
• Originating Office: Bureau of
Human Resources, Office of Overseas
Employment (HR/OE).
• Form Number: DS–0174.
• Respondents: Candidates seeking
employment at U.S. Missions abroad,
including family members of Foreign
Service, Civil Service, and uniformed
service members officially assigned to
the Mission and under Chief of Mission
authority.
• Estimated Number of Respondents:
40,000.
• Estimated Number of Responses:
40,000.
• Average Hours per Response: 1
hour.
• Total Estimated Burden: 40,000.
• Frequency: On occasion.
• Obligation to Respond: Required to
obtain a benefit.
DATES: The Department will accept
comments from the public up to 60 days
from March 31, 2009.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: McCoyFV@state.gov.
• Mail (Paper, Disk, or CD–ROM
Submissions): U.S. Department of
State—SA–1, HR/OE, Room 615H,
Attention: Frank Venson McCoy, 2401 E
Street NW., Washington, DC 20522.
You must include the DS form number
(if applicable), information collection
title, and OMB control number in any
correspondence.
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Frank Venson McCoy, Bureau of Human
Resources, Office of Overseas
Employment, U.S. Department of State,
Washington, DC 20520, who may be
reached on 202–261–8836 or at
McCoyFV@state.gov.
We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
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The DS–0174, Application for
Employment as a Locally Employed
Staff or Family Member, is needed to
meet information collection
requirements for recruitments
conducted at approximately 170 U.S.
embassies and consulates throughout
the world. Current employment
application forms do not meet the
unique requirements of Mission
recruitment (e.g., language skills and
hiring preferences) under the FS Act of
1980 and 22 U.S.C. 2669(c). The DS
–0174 is needed to improve data
gathering and to clarify interpretation of
candidate responses.
Methodology
Candidates for employment use the
DS–0174 to apply for Missionadvertised positions throughout the
world. Mission recruitments generate
approximately 40,000 applications per
year. Data that HR and hiring officials
extract from the DS–0174 determines
eligibility for employment,
qualifications for the position, and
selections according to Federal policies.
Dated: March 4, 2009.
Ruben Torres,
Director, HR/EX, Department of State.
[FR Doc. E9–7212 Filed 3–30–09; 8:45 am]
BILLING CODE 4710–15–P
A. Contract with Siemens Energy,
Inc., for parts and services for nuclear
and fossil plants.
B. Contracts with AREVA NC, Inc.,
and Urenco Enrichment Company for
uranium (nuclear fuels).
C. Contract extension with United
States Enrichment Corporation for
uranium hexafluoride and enrichment.
D. Contract with G–UB–MK for
maintenance and modification work for
fossil and hydro plants.
E. Contract with GE for combustion
turbines alliance.
F. Renewables and clean energy
purchases.
5. Report of the Community Relations
and Energy Efficiency Committee.
A. Beech River Watershed
Development Agency land sale.
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.
Dated: March 26, 2009.
Maureen H. Dunn,
General Counsel and Secretary.
[FR Doc. E9–7266 Filed 3–27–09; 11:15 am]
BILLING CODE 8120–08–P
TENNESSEE VALLEY AUTHORITY
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Abstract of Proposed Collection
Sunshine Act
Privacy Act of 1974: Notice of System
of Records
AGENCY HOLDING THE MEETING:
Tennessee Valley Authority (Meeting
No. 09–02).
TIME AND DATE: 10 a.m. (EDT), April 2,
2009, The Millennium Center,
Appalachian Ballroom A, 2001
Millennium Place, Johnson City,
Tennessee.
STATUS: Open.
Agenda
Old Business
Approval of minutes of February 12,
2009, Board Meeting.
New Business
1. Chairman’s Report.
2. President’s Report.
3. Report of the Finance, Strategy,
Rates, and Administration Committee.
A. Annual price quote for directly
served customer.
B. Seasonal Time-Of-Use and
Seasonal Market Days pilot pricing for
summer season.
4. Report of the Operations,
Environment, and Safety Committee.
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TENNESSEE VALLEY AUTHORITY
AGENCY: Tennessee Valley Authority
(TVA).
ACTION: Notice; correction of system of
records.
SUMMARY: In accordance with 5 U.S.C.
552a(e)(4), the Tennessee Valley
Authority (TVA) republished in full a
notice of the existence and character of
each TVA system of records. The
notices were published at 73 FR 62788–
62814, Oct. 21, 2008.
TVA is correcting the system of
records notice, TVA–31, OIG
Investigative Records–TVA.
DATES: This correction is effective
March 31, 2009.
ADDRESSES: Address all comments
concerning this notice to Mark R.
Winter, Privacy Coordinator, TVA, 1101
Market Street (MP 3C), Chattanooga, TN
37402–2801.
FOR FURTHER INFORMATION CONTACT:
Mark R. Winter at (423) 751–6004.
SUPPLEMENTARY INFORMATION: In
accordance with 5 U.S.C. 552a(e)(4),
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Agencies
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14607-14608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7212]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice 6562]
60-Day Notice of Proposed Information Collection: DS-0174,
Application for Employment as a Locally Employed Staff or Family
Member, OMB Control Number 1405-XXXX
ACTION: Notice of request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Department of State is seeking Office of Management and
Budget (OMB) approval for the information collection described below.
The purpose of this notice is to allow 60 days for public comment in
the Federal Register preceding submission to OMB. We are conducting
this process in accordance with the Paperwork Reduction Act of 1995.
Title of Information Collection: Department of State
Application for Employment as a Locally Employed Staff or Family
Member.
OMB Control Number: 1405-XXXX.
Type of Request: New collection.
[[Page 14608]]
Originating Office: Bureau of Human Resources, Office of
Overseas Employment (HR/OE).
Form Number: DS-0174.
Respondents: Candidates seeking employment at U.S.
Missions abroad, including family members of Foreign Service, Civil
Service, and uniformed service members officially assigned to the
Mission and under Chief of Mission authority.
Estimated Number of Respondents: 40,000.
Estimated Number of Responses: 40,000.
Average Hours per Response: 1 hour.
Total Estimated Burden: 40,000.
Frequency: On occasion.
Obligation to Respond: Required to obtain a benefit.
DATES: The Department will accept comments from the public up to 60
days from March 31, 2009.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: McCoyFV@state.gov.
Mail (Paper, Disk, or CD-ROM Submissions): U.S. Department
of State--SA-1, HR/OE, Room 615H, Attention: Frank Venson McCoy, 2401 E
Street NW., Washington, DC 20522.
You must include the DS form number (if applicable), information
collection title, and OMB control number in any correspondence.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information regarding the collection listed in this notice, including
requests for copies of the proposed information collection and
supporting documents, to Frank Venson McCoy, Bureau of Human Resources,
Office of Overseas Employment, U.S. Department of State, Washington, DC
20520, who may be reached on 202-261-8836 or at McCoyFV@state.gov.
SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit
the Department to:
Evaluate whether the proposed information collection is
necessary for the proper performance of our functions.
Evaluate the accuracy of our estimate of the burden of the
proposed collection, including the validity of the methodology and
assumptions used.
Enhance the quality, utility, and clarity of the
information to be collected.
Minimize the reporting burden on those who are to respond,
including the use of automated collection techniques or other forms of
technology.
Abstract of Proposed Collection
The DS-0174, Application for Employment as a Locally Employed Staff
or Family Member, is needed to meet information collection requirements
for recruitments conducted at approximately 170 U.S. embassies and
consulates throughout the world. Current employment application forms
do not meet the unique requirements of Mission recruitment (e.g.,
language skills and hiring preferences) under the FS Act of 1980 and 22
U.S.C. 2669(c). The DS -0174 is needed to improve data gathering and to
clarify interpretation of candidate responses.
Methodology
Candidates for employment use the DS-0174 to apply for Mission-
advertised positions throughout the world. Mission recruitments
generate approximately 40,000 applications per year. Data that HR and
hiring officials extract from the DS-0174 determines eligibility for
employment, qualifications for the position, and selections according
to Federal policies.
Dated: March 4, 2009.
Ruben Torres,
Director, HR/EX, Department of State.
[FR Doc. E9-7212 Filed 3-30-09; 8:45 am]
BILLING CODE 4710-15-P