9632 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

5NOM Market Makers must be registered as such 

pursuant to Chapter VII, Section 2 of the Nasdaq 

Options Rules, and must also remain in good 

standing pursuant to Chapter VII, Section 4. NonNOM Market Makers are registered market makers 

on another options market that append the market 

maker designation to orders routed to NOM. 

6See ISE Fee Schedule. http://www.ise.com/ 

assets//documents//OptionsExchange//legal/fee/ 

fee_schedule.pdf. 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

9 15 U.S.C. 78s(b)(3)(a)(ii). 

10 17 CFR 240.19b–4(f)(2). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61580; File No. SR– 

NASDAQ–2010–016] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify 

Pricing for the NASDAQ Options 

Market (‘‘NOM’’) 

February 24, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on January 

27, 2010, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by NASDAQ. Pursuant to 

Section 19(b)(3)(A)(ii) of the Act 3 and 

Rule 19b–4(f)(2) thereunder,4 NASDAQ 

has designated this proposal as 

establishing or changing a due, fee, or 

other charge, which renders the 

proposed rule change effective upon 

filing. The Commission is publishing 

this notice to solicit comments on the 

proposed rule change from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

NASDAQ proposes to modify pricing 

for Nasdaq members using the NASDAQ 

Options Market (‘‘NOM’’). NASDAQ will 

make the proposed rule change effective 

on February 1, 2010. The text of the 

proposed rule change is available at 

http://nasdaqomx.cchwallstreet.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 those 

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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Nasdaq is modifying NASDQ Rule 

7050, the fee schedule for NOM, to 

establish pricing for two newly-listed 

products, the NASDAQ 100 Index 

Option (NDX) and the Mini NASDAQ 

100 Index Option (MNX). Specifically, 

Nasdaq is establishing a fee of $0.50 per 

executed contract for Customers, Firms, 

and Non-NOM Market Makers to 

remove liquidity in NDX and MNX 

options and $0.40 per executed contract 

for NOM Market Makers to remove 

liquidity.5 Nasdaq is also proposing to 

offer a rebate of $0.10 per executed 

contract for Customers, Firms, and NonNOM Market Makers and $0.20 per 

executed contract for NOM Market 

Makers. 

The proposed fee schedule 

distinguishes between firms that register 

to and actually make markets on NOM 

and firms that make markets on other 

options markets. This pricing 

convention, which is currently 

employed by the International 

Securities Exchange and other 

exchanges, recognizes the substantial 

value that registered market makers add 

to a given marketplace by guaranteeing 

to provide regular two-sided quotes and 

to maintain minimum liquidity.6

Nasdaq seeks to encourage continued 

market making on NOM and to attract 

additional market making by 

establishing this new fee schedule. To 

receive NOM Market Maker pricing, the 

firm must be registered as a NOM 

Market Maker in the specified security. 

Nasdaq believes that the proposed 

fees are competitive, fair and 

reasonable, and non-discriminatory in 

that they apply equally to all similarly 

situated members and customers. As 

with all fees, Nasdaq may adjust these 

proposed fees in response to 

competitive conditions by filing a new 

proposed rule change. If the proposed 

fee schedule is successful in 

establishing vibrant markets in NDX and 

MNX options on NOM, Nasdaq may 

expand this pricing model to other 

options in the future. 

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,7 in 

general, and with Section 6(b)(4) of the 

Act,8 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees and other charges among 

members and issuers and other persons 

using any facility or system which 

NASDAQ operates or controls. 

Consistent with past practice, the 

proposed change identifies a class of 

person subject to transaction execution 

fees based on the role of that class in 

bringing order flow to NASDAQ. 

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. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 9 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder.10 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 rulecomments@sec.gov. Please include File 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9633 

11 17 CFR 200.30–3(a)(12). 

Number SR–NASDAQ–2010–016 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 

Number SR–NASDAQ–2010–016. 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 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 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office 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 

publicly available. All submissions 

should refer to File Number SR– 

NASDAQ–2010–016 and should be 

submitted on or before March 24, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4367 Filed 3–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Reports, Forms and Record Keeping 

Requirements; Agency Information 

Collection Activity Under OMB Review 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collections 

and their expected burden. The Federal 

Register Notice with a 60-day comment 

period was published on November 24, 

2009 [74 FR 61404]. The docket number 

is NHTSA 2009–0180. 

DATES: Comments must be submitted on 

or before April 2, 2010. 

FOR FURTHER INFORMATION CONTACT: Lori 

Summers, National Highway Traffic 

Safety Administration, Office of 

Rulemaking, 1200 New Jersey Avenue, 

SE., West Building, Washington, DC 

20590. Ms. Summers’ telephone number 

is (202) 366–1740. 

SUPPLEMENTARY INFORMATION: 

National Highway Traffic Safety 

Administration 

Title: Part 585—Advanced Air Bag 

Phase-In Reporting Requirements. 

OMB Number: 2127–0599. 

Type of Request: Extension of a 

currently approved collection. 

Abstract: 49 U.S.C. 30111 authorizes 

the issuance of Federal motor vehicle 

safety standards (FMVSS) and 

regulations. The agency, in prescribing 

a FMVSS or regulation, considers 

available relevant motor vehicle safety 

data, and consults with other agencies, 

as it deems appropriate. Further, the 

statute mandates that in issuing any 

FMVSS or regulation, the agency 

considers whether the standard or 

regulation is ‘‘reasonable, practicable 

and appropriate for the particular type 

of motor vehicle or item of motor 

vehicle equipment for which it is 

prescribed,’’ and whether such a 

standard will contribute to carrying out 

the purpose of the Act. The Secretary is 

authorized to invoke such rules and 

regulations as deemed necessary to 

carry out these requirements. 

Using this authority, the agency 

issued FMVSS No. 208, ‘‘Occupant crash 

protection,’’ to aid the agency in 

achieving many of its safety goals. This 

notice requests comments on the 

extension of the phase-in reporting 

requirements of this FMVSS related to 

the implementation of advanced air 

bags. Phase 1 of the advanced air bag 

phase-in began September 1, 2003 with 

100 percent compliance by September 1, 

2005. Phase 2 of the advanced air bag 

phase-in begins September 1, 2007 with 

100 percent compliance by September 1, 

2009. Phase 3 of the advanced air bag 

phase-in began September 1, 2009 with 

100 percent compliance by September 1, 

2011. 

NHTSA needs this information to 

ensure that vehicle manufacturers are 

certifying their applicable vehicles as 

meeting the new advanced air bag 

requirements of FMVSS No. 208. 

NHTSA will use this information to 

determine whether a manufacturer has 

complied with the amended 

requirements during the phase-in 

period. 

Affected Public: Individuals, 

households, business, other for-profit, 

not-for-profit, farms, Federal 

Government and State, Local or Tribal 

Government. 

Estimated Total Annual Burden: 

1,342 hours (22 affected manufacturers 

× 61 hours). 

ADDRESSES: Send comments, within 

30 days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725–17th 

Street, NW., Washington, DC 20503, 

Attention NHTSA Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A Comment to OMB is most effective if 

OMB receives it within 30 days of 

publication. 

Issued in Washington, DC, on February 25, 

2010. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 2010–4336 Filed 3–2–10; 8:45 am] 

BILLING CODE P 

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