[Federal Register: September 18, 2006 (Volume 71, Number 180)]
[Notices]
[Page 54696-54697]
[DOCID:fr18se06-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54420; File No. SR-NASDAQ-2006-033]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate Certain Transitional Corporate Governance Rules

September 11, 2006.
    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 August 25, 2006, The NASDAQ Stock Market LLC (``Nasdaq''), 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. Nasdaq has designated the proposed rule
change as one constituting a non-controversial rule change under
Section 19(b)(3)(A)(iii) 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 publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1)
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to eliminate certain transitional provisions of its
Rules that have expired and to clarify the applicability of Nasdaq Rule
4320(a). Nasdaq proposes to implement the proposed rule change
immediately.
    The text of the proposed rule change is available on Nasdaq's Web
site at http://www.nasdaq.com, at Nasdaq's principal office, and at the

Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq 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 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 proposes to delete Nasdaq Rules 4200-1 and 4350-1 and to
amend Nasdaq Rule 4350(a)(5) and IM 4350-6 to remove transitional rules
that are no longer applicable to any listed companies. The rules
replacing these provisions were fully phased-in as of December 31,
2005. In addition, Nasdaq proposes to modify Nasdaq Rule 4320(a) to
clarify the applicability of that section to newly-issued securities.
This rule currently excludes a ``newly issued security'' from the
registration requirements contained in Rule 4320(a).\5\ Nonetheless,
pursuant to Section 12(a) of the Act,\6\ all securities must be
registered under, or subject to an exemption from, Section 12(b) \7\to
be listed on Nasdaq. As a result, Nasdaq proposes to eliminate this
exclusion, consistent with the comparable provision of Rule 4310(a).\8\
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    \5\ Nasdaq Rule 4320(a) currently provides that a security of a
non-Canadian foreign issuer or an American Depositary Receipt or
similar security issued in respect of a security of a foreign
issuer, ``other than a newly issued security,'' shall be considered
or listing on Nasdaq provided that, among other things, it is: (1)
Registered pursuant to Section 12(b) of the Act; or (2) subject to
an exemption issued by the Commission that permits the listing of
the security notwithstanding its failure to be registered pursuant
to Section 12(b).
    \6\ 15 U.S.C. 78l(a).
    \7\ 15 U.S.C. 78l(b).
    \8\ Nasdaq Rule 4310(a) currently provides that a security of a
domestic or Canadian issuer shall be considered for listing on
Nasdaq provided that, among other things, it is: (1) Registered
pursuant to Section 12(b) of the Act; or (2) subject to an exemption
issued by the Commission that permits the listing of the security
notwithstanding its failure to be registered pursuant to Section
12(b).
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(5) of the Act,\10\ 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 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 believes the proposed rule change clarifies its rules.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq 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, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received with respect
to the proposed rule change.

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 from 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    Nasdaq has requested that the Commission waive the 30-day pre-
operative period requirement for ``non-controversial'' proposals
because the provisions to be deleted have no current application, and
the proposed changes to the rule text merely clarify the existing text.
In light of the foregoing, the Commission believes that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission has determined to
waive the operative delay, and the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act,\13\ and Rule 19b-
4(f)(6) thereunder,\14\ with no operative delay.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    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<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-033 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2006-033. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. 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-NASDAQ-2006-033 and should be submitted on or before
October 10, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-15441 Filed 9-15-06; 8:45 am]

BILLING CODE 8010-01-P


                      US ENVIRONMENTAL PROTECTION AGENCY
                          HUMAN STUDIES REVIEW BOARD
                      NOVEMBER 2014 PUBLIC MEETING AGENDA

                           Internet Virtual Meeting
                     https://epa.connectsolutions.com/hsrb

                          Wednesday, November 5, 2014

                  HSRB WEB SITE http://www.epa.gov/osa/hsrb/
                       Docket Telephone:<PHONE_NUMBER>
                  Docket Number: EPA - HQ - ORD - 2015 - 0750

10:00 AM*	Convene Public Meeting  -  Jim Downing, Designated Federal Officer, EPA Human Studies Review Board, Office of the Science Advisor
	Conference Call operations  - Rebecca Parkin, Ph.D., MPH, HSRB Chair
            Introduction of Board Members  - Rebecca Parkin, Ph.D., MPH, HSRB Chair
	Opening Remarks  -  Toby Schonfeld, Ph.D., Human Subjects Research Review Official, EPA

Session 1: A new scenario design and associated protocol from the Agricultural Handler Exposure Task Force, LLC describing proposed research to monitor dermal and inhalation exposure of pesticide handlers who manually open containers of granular pesticide products and perform open pour loading of the granules into application equipment.

10:15 AM 	EPA Science Review Highlights  -  Jeff Evans (OPP, EPA)
10:25 AM 	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), EPA staff
10:40 AM	EPA Ethics Review Highlights - Ms. Kelly Sherman (OPP, EPA)
10:50 AM	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), EPA staff
11:05 AM 	Public Comments
11:10 AM	Board Discussion

Charge to the Board - Science:

   * Is this study scientifically sound, providing reliable data?
   * If so, is this study relevant for quantitative use in support of a risk assessment of exposures to agricultural workers applying pesticides?

Charge to the Board - Ethics:

   * Does the study meet the applicable requirements of 40 CFR part 26 subpart Q?

12:00 PM 	Lunch

12:55 PM	Reconvene  -  roll call

Session 2:	A published report by Frampton et al. (2002) of an intentional exposure human study measuring the effects of nitrogen dioxide exposure on airway and blood cells.

1:00 PM 	EPA Science Review Highlights  -  LT Jonathan Leshin, Ph.D. (OPP, EPA)
1:10 PM 	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), EPA staff
1:25 PM	EPA Ethics Review Highlights - Ms. Kelly Sherman (OPP, EPA)
1:35 PM	Board Questions of Clarification  -  Rebecca Parkin, Ph.D., MPH (HSRB Chair), and EPA staff
1:50 PM 	Public Comments
1:55 PM	Board Discussion

Charge to the Board - Science:

   * Is this study scientifically sound, providing reliable data?
   * If so, is this study relevant for quantitative use in support of an assessment measuring the effects of nitrogen dioxide exposure on airway and blood cells?

Charge to the Board - Ethics:

   * Does the study meet the applicable requirements of 40 CFR part 26 subpart Q?

2:50 PM* 	Adjourn