17276 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

11 Id. at 51–65. The Commission then spent an 

additional 36 pages (65–101) analyzing and refuting 

comments challenging the Commission’s 

competition analysis. 

12See Securities Exchange Act Release No. 57966 

(June 16, 2008), 73 FR 35182 (June 20, 2008) (File 

No. SR–NYSE–2007–04) (NYSE Real-Time 

Reference Prices); Securities Exchange Act Release 

No. 57965 (June 16, 2008), 73 FR 35178 (June 20, 

2008) (SR–NASDAQ–2006–060) (NASDAQ Last 

Sale Data Feeds). 

13 Id. at 101–104. 

14 17 CFR 200.30–3(a)(12). 

setting the terms of the fees for its noncore data product.11

The market data provided in 

NASDAQ Basic is non-core data that is 

governed by the same analysis the 

Commission set forth in the 

NetCoalition Order. As with the NYSE 

Arca depth-of-book product, no rule 

requires NASDAQ or any other 

exchange to offer its BBO and Last Sale 

or vendors to display that data. Because 

NASDAQ Basic data is merely a subset 

of depth-of-book data, NASDAQ is 

subject to the same competitive forces 

that apply to depth-of-book data: Its 

compelling need to attract order flow 

from market participants; and the 

availability to market participants of 

alternatives to purchasing the NASDAQ 

Basic data. Indeed, the Commission 

invoked the same reasoning in 

approving pilot programs for NASDAQ 

Last Sale and NYSE Open Book which 

provide non-core last sale data from 

NASDAQ and the New York Stock 

Exchange, one element of this 

proposal.12

NASDAQ considerations in setting 

the fees for NASDAQ Basic are virtually 

identical to those the Commission 

approved in the NetCoaltiion [sic] 

Order. First, the proposed fees for 

NASDAQ Basic data will apply equally 

to all professional subscribers and 

equally to all non-professional 

subscribers. The fees therefore do not 

unreasonably discriminate among types 

of subscribers. Second, the proposed 

fees for the NASDAQ Basic data are 

substantially less than those charged by 

the Network Processors for the 

consolidated NBBO or last sale data. 

Third, NASDAQ projects that the total 

revenues generated by the fee for 

NASDAQ Basic data initially will 

amount to less than the $8 million per 

year that NYSE Arca projected would be 

generated by its ArcaBook data.13

Finally, as stated above, rapid 

effectiveness of the proposed rule 

change is in the public interest and 

supports the protection of investors by 

allowing data distributors to make 

additional market data available to 

investors that choose to purchase it. 

Widespread availability of NASDAQ 

Basic benefits investors by improving 

access to real-time market data that 

investors can choose to use. It also 

enables member firms to reduce their 

costs and to pass on those cost savings 

to their customers through reduced 

commissions. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(a) By order approve such proposed 

rule change, or 

(b) Institute proceedings to determine 

whether the proposed rule change 

should be 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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2009–028 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–2009–028. 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, on official business days between 

the hours of 10 a.m. and 3 p.m. Copies 

of the 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 

available publicly. All submissions 

should refer to File Number SR– 

NASDAQ–2009–028 and should be 

submitted on or before May 5, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–8416 Filed 4–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2009–0011] 

Initiation of Section 302 Investigation, 

Determination of Action Under Section 

301, and Request for Comments: 

Canada–Compliance With Softwood 

Lumber Agreement 

Correction 

In notice document E9–8232 

beginning on page 16436 in the issue of 

Friday, April 10, 2009 make the 

following correction: 

On page 16438, in the second column, 

immediately following the signature 

block, five photographed pages were 

inadvertently deleted. They are 

reprinted in full below: 

BILLING CODE 1505–01–D 

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[FR Doc. Z9–8232 Filed X–XX–09; 8:45 am] 

BILLING CODE 1505–01–C 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Revenue Procedure 2009– 

16 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning 

Revenue Procedure 2008–16, Section 

168(k)(4) Election Procedures. 

DATES: Written comments should be 

received on or before June 15, 2009 to 

be assured of consideration. 

ADDRESSES: Direct all written comments 

to R. Joseph Durbala, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for copies of the revenue 

procedure should be directed to Allan 

Hopkins, at (202) 622–6665, or at 

Internal Revenue Service, Room 6129, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, or through the 

Internet, at Allan.M.Hopkins@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Section 168(k)(4) Election 

Procedures. 

OMB Number: 1545–2133. 

Revenue Procedure Number: Revenue 

Procedure 2009–16. 

Abstract: This revenue procedure 

provides the time and manner for (1) 

corporations to make the election to 

apply section 168(k)(4) of the Code, (2) 

corporations to make the allocation of 

the bonus depreciation amount resulting 

from the section 168(k)(4) election, (3) 

corporate partners who make the section 

168(k)(4) election to notify partnerships, 

and (3) U.S. automobile manufacturing 

partnerships (such as, Chrysler) to make 

the election to apply section 3081(b) of 

the Act. 

Current Actions: Extension of a 

previously approved collection. 

Affected Public: Businesses and forprofit institutions. 

Estimated Number of Respondents: 

5,400. 

Estimated Time Per Respondent: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 2,700. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: March 30, 2009. 

R. Joseph Durbala, 

IRS Reports Clearance Officer. 

[FR Doc. E9–8430 Filed 4–13–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 13614–SP 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 


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