[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17576-17577]
[FR Doc No: 2020-06577]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2019-0489; FRL-10004-40-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Motor Vehicle Emissions and Fuel Economy
Compliance (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Motor Vehicle Emissions and Fuel
Economy Compliance (EPA ICR Number 0783.65, OMB Control Number 2060-
0104) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
March 31, 2020. Public comments were previously requested via the
Federal Register on October 30, 2019 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it

displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before April 29,
2020.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2019-0489, to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: David Wright, Compliance Division,
Office of Transportation and Air Quality, Environmental Protection
Agency, 2000 Traverwood Dr., Ann Arbor, MI 48105; telephone number:
734-214-4467; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA sets exhaust, evaporative, and greenhouse gas
emissions standards for light-duty vehicles (LDVs) and light-duty
trucks (LDTs) based on the authority granted to the Agency by the Clean
Air Act (CAA). In addition, light-duty vehicle manufacturers use the
results from the exhaust emission tests to calculate vehicle fuel
economy. The fuel economy results are used to calculate fuel economy
label values according to EPA regulations. EPA regulations define test
procedures, in-use testing requirements, calculation methods, vehicle
labeling, and reporting requirements for light-duty vehicle
manufacturers.
    This ICR is organized into six information collections (ICs): (1)
Fuel Economy; (2) Manufacturers' In-Use Verification Program; (3)
Light-Duty Vehicles and Light-Duty Trucks Emissions; (4) Defect Reports
and Voluntary Emissions Recall Reports; (5) Fuel Economy Labeling; and,
(6) Tier 3 Motor Vehicle Emission Standards.
    This ICR covers the application submitted by light-duty vehicle
manufacturers prior to production as well as various reports and
information submitted during and after production. Processing and
review of this information is conducted by the Light-Duty Vehicle
Center, Compliance Division, Office of Transportation and Air Quality,
Office of Air and Radiation US EPA.
    Information collected consists of descriptions of motor vehicles
(including vehicle specifications, i.e. weight and road load forces,
required for testing and emission control system components), test
results, defect and recall reports, and sales data (used to determine
compliance with fleet average standards). EPA performs tests to confirm
the emission and fuel economy results which have been generated by the
manufacturer at their test facilities. EPA performs confirmatory
testing on 10% to 15% of all the vehicle tests the manufacturers
perform. All of these data are electronically submitted to the Agency.
    This ICR covers the information that affected respondents must
provide to the Agency. Any information submitted to the Agency for
which a claim of confidentiality is made is safeguarded according to
policies set forth in CFR title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2).
    Form Numbers: Form 5800-258--Template for Light-duty Conversion of
Intermediate Age System (Light-Duty Vehicles and Light-Duty Trucks
Emissions IC); Form 5900-257--Template for Light-duty Conversion of
Outside Useful Life System (Light-Duty Vehicles and Light-Duty Trucks
Emissions IC); Form 5900-471--Template for Tier 3 Light-duty FTP and
SFTP AB&T Reporting (Tier 3 Motor Vehicle Emissions IC); Form 5900-
470--Template for Tier 3 Heavy-duty NMOG+NOX, Evaporative
and Cold NMHC AB&T Reporting (Tier 3 Motor Vehicle Emissions IC).
    Respondents/affected entities: Manufacturers of light-duty
passenger vehicles, light-duty trucks, medium-duty passenger vehicles
and some heavy-duty vehicles.
    Respondent's obligation to respond: Required in order to obtain or
retain benefit.
    Estimated number of respondents: 48 (total).
    Frequency of response: Occasionally.
    Total estimated burden: 778,320 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $91,025,023 (per year), which includes
$38,928,401 in annualized capital and operation & maintenance costs.
    Changes in the estimates: There is an increase of 16,138 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to a slight increase in the
number of test groups light-duty vehicle manufacturers are certifying.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-06577 Filed 3-27-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25353-25355]
[FR Doc No: 2015-10283]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74823; File No. SR-NASDAQ-2015-046]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Collection of Exchange Fees

April 28, 2015.
    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 April 27, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by NASDAQ. 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.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ proposes to amend Exchange Rule 7007, which is currently
reserved, and entitle it ``Collection of Exchange Fees and Other
Claims'' and require each Nasdaq member, and all applicants for
registration as such, to provide a clearing account number for an
account at the National Securities Clearing Corporation (``NSCC'') for
purposes of permitting the Exchange to debit certain fees, fines,
charges and/or other monetary sanctions or other monies due and owing
to the Exchange.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, 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, the Exchange included statements
concerning the purpose of and basis for 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
    The purpose of the proposed rule change is to amend Rule 7007 to
require NASDAQ members, and all applicants for registration as such, to
provide a clearing account number for an account at NSCC for purposes
of permitting the Exchange to debit any undisputed or final fees,
fines, charges and/or other monetary sanctions or other monies due and
owing to the Exchange or other charges related to certain 7000 series
rules \3\ and the 8000 \4\ series rules which are due and owing to
NASDAQ. The Exchange would entitle Rule 7007 ``Collection of Exchange
Fees and Other Claims.''
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    \3\ The 7000 series rules in the NASDAQ Rulebook list charges
for membership, services and equipment. Only the Rules which require
payment to the Exchange would be subject to direct debit. By way of
example, Rule 7003, Registration and Processing Fees, fees are
collected by FINRA.
    \4\ The 8000 series rules in the NASDAQ Rulebook list sanctions
associated with disciplinary actions. Any disciplinary fines or
sanctions collected pursuant to the 8000 series shall be subject to
direct debit to the extent described within this rule change. See
also note 6 for exceptions to debits.
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    Currently, the Exchange requires all Options Participants to
provide such an NSCC account number.\5\ The Exchange believes that the
proposed debiting process for NASDAQ members that conduct an equities
business would create an efficient method of collecting undisputed or
final fees, fines, charges and/or other monetary sanctions or monies
due and owing to the Exchange.\6\ Further, this proposal would provide
a cost savings to the Exchange in that it would alleviate
administrative processes related to the collection of monies owed to
the Exchange by NASDAQ members conducting an equities business, as it
does today for Options Participants on the NASDAQ Options Market LLC
(``NOM'').\7\ Collection matters divert staff resources away from the
Exchange's regulatory and business purposes. In addition, the debiting
process would prevent NASDAQ member accounts from becoming overdue.
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    \5\ See Chapter XV, Section 1 in the NASDAQ Rules.
    \6\ The Exchange will not debit accounts for fees that are
unusually large or for
     special circumstances, unless such debiting is requested by the
NASDAQ member.
    \7\ See NOM Rules at Chapter XV, Section 1. NOM Participants are
subject to the same process for direct debit as specified herein.
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    The Exchange proposes to require NASDAQ equity members and
applicants to provide a clearing account number for an account at NSCC
in order to permit the Exchange to debit any undisputed or final fees,
fines, charges and/or monetary sanctions or other monies due and owing
to the Exchange or other charges related to the 7000 series rules, as
specified below, and the 8000 series rules. Specifically, the following
7000 series Rules will be subject to proposed Rule 7007: 7001
(Membership Fees), 7014 (Market Quality Incentive Programs: Investor
Support Program), 7015 (Access Services), 7016 (Nasdaq Risk
Management), 7018 (Nasdaq Market Center Order Execution and Routing),
7021 (NasdaqTrader.com Trading and Compliance Data Package Fee), 7024
(Clearly Erroneous Module), 7027 (Aggregation of Activity of Affiliated
Members), 7029 (Installation, Removal or Relocation), 7030 (Other
Services), 7034 (Co-Location Services), 7038 (Step-Outs and Sales Fees
Transfers), 7041 (Nasdaq Regulation Reconnaissance Service), 7042 (Non-
Tape Riskless Submissions), 7043 (Inclusion of Transaction Fees in
Clearing Reports Submitted to ACT), 7049 (Nasdaq InterACT), 7051
(Direct Connectivity to Nasdaq), 7055 (Short Sale Monitor), 7058
(QView), 7060 (Equity Trade Journal for Clearing Firms) and 7061 (Limit
Locator).
    The Exchange would send a monthly invoice \8\ to each NASDAQ equity
member on approximately the 3th--10th business day of the following
month.\9\ The Exchange would also send a file to NSCC each month on
approximately the 23rd of the following month to initiate the debit of
the appropriate amount stated on the NASDAQ member's invoice for the
prior month. Because the NASDAQ member would receive an invoice well
before any monies are debited (normally within two weeks), the NASDAQ
member would have adequate time to contact the staff with any questions
concerning its invoice. If a NASDAQ member disagrees with the invoice,
the Exchange would not commence the debit until the dispute is
resolved. Specifically, the Exchange will not include the disputed
amount in the debit if the member has disputed the amount in writing to
the Exchange's designated staff by the 15th of the

month, or the following business day if the 15th is not a business day,
and the amount in dispute is at least $10,000 or greater.
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    \8\ The monthly invoice will indicate that the amount on the
invoice will be debited from the designated NSCC account. Each
month, the Exchange will send a file to the NASDAQ member's clearing
firm which will indicate the amounts to be debited from each member.
If a NASDAQ member is ``self-clearing'', no such file would be sent
as the member would receive the invoice, as noted above, which would
indicate the amount to be debited.
    \9\ NASDAQ members may receive invoices either electronically,
by mail or by both
    methods.
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    Once NSCC receives the file from the Exchange, NSCC would proceed
to debit the amounts indicated from the clearing members account. In
the instance where the NASDAQ member clears through an Exchange
clearing member, the estimated transaction fees owed to the Exchange
are typically debited by the clearing member on a daily basis in order
to ensure adequate funds have been escrowed. The Exchange would debit
any monies owed including undisputed or final fees, fines, charges and/
or monetary sanctions or monies due and owed to the Exchange.\10\ The
Exchange believes that the debit process would eliminate the risk of
unpaid invoices because of the large amounts of capital held at NSCC by
NASDAQ equity members.
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    \10\ This includes, among other things, fines and sanctions
which result from disciplinary proceedings or actions taken pursuant
to the 8000 series of NASDAQ Rules. With respect to disciplinary
proceedings, the Exchange would not debit any monies until such
action is final. The Exchange would not consider an action final
until all appeal periods have run and/or all appeal timeframes are
exhausted. With respect to non-disciplinary actions, the Exchange
would similarly not take action to debit a member account until all
appeal periods have run and/or all appeal timeframes are exhausted.
Any uncontested disciplinary or non-disciplinary actions will be
debited, and the amount due will appear on the NASDAQ member's
invoice prior to the actual NSCC debit.
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    The Exchange proposes this rule change become operative on July 1,
2015. On August 24, 2015, the Exchange will debit July 2015 billing
pursuant to the process described in this rule change.\11\ The Exchange
will notify NASDAQ equity members of this rule change in an Equity
Trader Alert to provide its members ample time to provide the Exchange
with the information necessary for the direct debit and prepare for the
change to the collection process. NASDAQ members' primary NSCC account
number will be utilized unless the NASDAQ member contacts the Exchange
prior to July 1, 2015 with an alternate NSCC account number.
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    \11\ The initial debit will include all outstanding fees through
August 2015.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \12\ in general, and furthers the objectives of Section
6(b)(5) of the Act \13\ in particular, in that it 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 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 by providing NASDAQ equity
members with an efficient process to pay undisputed or final fees,
fines, charges and/or monetary sanctions or monies dues and owing to
the Exchange.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposal to debit NSCC accounts is
reasonable because it would ease the NASDAQ equity member's
administrative burden in paying monthly invoices, avoid overdue
balances and provide same day collection from all NASDAQ members who
owe monies to the Exchange.
    The Exchange believes that its proposal to debit NSCC accounts is
equitable and not unfairly discriminatory because it will apply to all
NASDAQ members in a uniform manner. Today, the debit process is applied
to all NOM Participants.\14\
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    \14\ See note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. With this proposal, the
proposed debit process would apply uniformly to all NASDAQ members as
it does today with all Options Participants.
    Further, this proposal would provide a cost savings to the Exchange
in that it would alleviate administrative processes related to the
collection of monies owed to the Exchange for NASDAQ members conducting
an equities business, as it does today for NOM Participants. Collection
matters divert staff resources away from the Exchange's regulatory and
business purposes. In addition, the debiting process would prevent
NASDAQ member accounts from becoming overdue.

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

    No written comments were either solicited or 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 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)(iii) of the Act \15\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-046 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2015-046. This
file number should be included on the subject line if email 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 Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal offices of the Exchange. 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-2015-046, and should
be submitted on or before May 26, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-10283 Filed 5-1-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 6, 2009 (Volume 74, Number 43)]
[Notices]
[Page 9841-9843]
[DOCID:fr06mr09-64]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59460; File Nos. SR-NASDAQ-2009-010, SR-BX-2009-009,
SR-Phlx-2009-14]

Self-Regulatory Organizations; the NASDAQ Stock Market, LLC;
NASDAQ OMX BX, Inc.; NASDAQ OMX Phlx, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed Rule Changes To Amend the
Certificate of Incorporation of The NASDAQ OMX Group, Inc.

February 26, 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 February 17, 2009, The NASDAQ Stock Market, LLC (``NASDAQ
Exchange'') and NASDAQ OMX BX, Inc. (``BX''), and on February 20, 2009,
NASDAQ OMX Phlx, Inc. (``PHLX'') (collectively, the ``NASDAQ OMX
Exchange Subsidiaries'') \3\ filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes as described in
Items I, II, and III below, which Items have been substantially
prepared by the NASDAQ OMX Exchange Subsidiaries. The Commission is
publishing this notice to solicit comments on the proposed rule changes
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Substantially similar filings have been submitted by Boston
Stock Exchange Clearing Corporation (``BSECC'') (SR-BSECC-2009-001)
and Stock Clearing Corporation of Philadelphia (``SCCP'') (SR-SCCP-
2009-01), the clearing corporation subsidiaries of NASDAQ OMX Group,
Inc. (``NASDAQ OMX'').
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The NASDAQ OMX Exchange Subsidiaries are filing the proposed rule
changes with regard to proposed changes to the Restated Certificate of

Incorporation (the ``Certificate'') of their parent corporation, NASDAQ
OMX. The proposed rule changes will be implemented as soon as
practicable following filing with the Commission. The text of the
proposed rule changes is available at http://www.cchwallstreet. com/
nasdaqomx/, http://www.nasdaqtrader. com/Trader.
aspx?id=BSEIERules2009, and http://www.nasdaqtrader.com/
Micro.aspx?id=PhlxApproved Rulefilings, respectively.

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

    In their filings with the Commission, each of the NASDAQ OMX
Exchange Subsidiaries included statements concerning the purpose of and
basis for its proposed rule change and discussed any comments it
received on its proposed rule change. The text of these statements may
be examined at the places specified in Item IV below. Each of the
NASDAQ OMX Exchange Subsidiaries 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 is proposing to make amendments to its Certificate. As
provided in Articles XI and XII of the NASDAQ OMX By-Laws, proposed
amendments to the Certificate are to be reviewed by the Board of
Directors of each self-regulatory subsidiary of NASDAQ OMX, and if any
such proposed amendment must, under Section 19 of the Act and the rules
promulgated thereunder, be filed with, or filed with and approved by,
the Commission before such amendment may be effective, then such
amendment shall not be effective until filed with, or filed with and
approved by, the Commission, as the case may be. The governing boards
of the NASDAQ Exchange, PHLX, BX, BSECC, and SCCP have each reviewed
the proposed change and determined that they should be filed with the
Commission.\4\ The NASDAQ OMX Exchange Subsidiaries state that the
changes to the Certificate are limited in scope, and under Delaware
law, they do not require approval by the stockholders of NASDAQ OMX.
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    \4\ The NASDAQ Exchange, PHLX, BX, BSECC, and SCCP are each
submitting a filing pursuant to Section 19(b)(3)(A)(iii) of the Act,
15 U.S.C. 78s(b)(3)(A)(iii).
---------------------------------------------------------------------------

    Specifically, NASDAQ OMX proposes to eliminate its Certificate of
Designations, Preferences and Rights of Series D Preferred Stock, and
all matters set forth therein. NASDAQ OMX's Series D Stock was created
in 2005 for the purpose of allowing National Association of Securities
Dealers, Inc. to retain voting control over NASDAQ OMX's predecessor,
The Nasdaq Stock Market, Inc. In connection with the NASDAQ Exchange
commencing operations as a national securities exchange, the sole share
of Series D Stock was redeemed in December 2006. Under Delaware law,
both a certificate of designations (designating a series of preferred
stock) and a certificate of elimination (eliminating a previously
adopted designation) are deemed to be amendments to NASDAQ OMX's
Certificate.
2. Statutory Basis
    The NASDAQ OMX Exchange Subsidiaries believe that their respective
proposed rule changes are consistent with the provisions of Section 6
of the Act,\5\ in general, and with Sections 6(b)(1) and (b)(5) of the
Act,\6\ in particular, in that the proposal enables the NASDAQ OMX
Exchange Subsidiaries to be so organized as to have the capacity to be
able to carry out the purposes of the Act and to comply with and
enforce compliance by members and persons associated with members with
provisions of the Act, the rules and regulations thereunder, and self-
regulatory organization rules, and 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. The proposed changes will
enhance the clarity of NASDAQ OMX's governance documents by eliminating
provisions relating to a series of preferred stock that is no longer
outstanding.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(1), (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The NASDAQ OMX Exchange Subsidiaries do not believe that the
proposed rule changes 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.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule changes have become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \7\ and subparagraph (f)(3) of Rule
19b-4 thereunder.\8\ At any time within 60 days of the filing of the
respective proposed rule change by the applicable NASDAQ OMX Exchange
Subsidiary, the Commission may summarily abrogate such rule changes 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
changes, are 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 Nos. SR-NASDAQ-2009-010, SR-BX-2009-009, and SR-Phlx-2009-14 on
the subject line.

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 Nos. SR-NASDAQ-2009-010, SR-BX-
2009-009, and SR-Phlx-2009-14. These file numbers 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 changes that are filed
with the Commission, and all written communications relating to the
proposed rule changes 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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filings
also will be available for inspection and copying at the principal
offices of the Exchange. 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 Nos. SR-NASDAQ-2009-010, SR-
BX-2009-009, and SR-Phlx-2009-14, and should be submitted on or before
March 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
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    \9\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-4756 Filed 3-5-09; 8:45 am]

BILLING CODE 8011-01-P