24890 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

5 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78f(b)(6). 

9 17 CFR 242.603(a). 

10NASDAQ is an exclusive processor of 

NASDAQ Basic under Section 3(a)(22)(B) of the 

Act, 15 U.S.C. 78c(a)(22)(B), which defines an 

exclusive processor as, among other things, an 

exchange that distributes information with respect 

to quotations or transactions on an exclusive basis 

on its own behalf. 

11See Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (SR–NYSEArca–2006–21) (‘‘NYSE Arca 

Order’’). In the NYSE Arca Order, the Commission 

describes the competitive factors that apply to noncore market data products. The Commission hereby 

incorporates by reference the data and analysis from 

the NYSE Arca Order into this order. 

12See Pilot Approval Order, supra note 4. 

13 15 U.S.C. 78s(b)(2). 

14 17 CFR 200.30–3(a)(12). 

NASDAQ assesses a monthly fee for 

distributors of NASDAQ Basic in 

addition to applicable monthly per user 

fees. Currently, each Distributor of 

NASDAQ Basic for NASDAQ-listed 

stocks currently pays a monthly fee of 

$1,500 for either internal or external 

distribution, each Distributor of 

NASDAQ Basic for NYSE-listed stocks 

pays a monthly fee of $250 for internal 

distribution or $625 for external 

distribution, and each Distributor of 

NASDAQ Basic for Alternext-listed 

stocks pays a monthly fee of $250 for 

internal distribution or $625 for external 

distribution. In addition, each 

Distributor that receives Direct Access 

to the NASDAQ Basic pays a monthly 

fee of $2,000 for NASDAQ-listed stocks, 

$1,000 for NYSE-listed stocks, and 

$1,000 for Alternext-listed stocks. 

NASDAQ proposes to reduce the 

distribution fees for NASDAQ Basic. 

First, NASDAQ proposes to make all 

three feeds available for a single 

monthly Distributor Fee of $1,500, 

rather than add separate fees for NYSEand Alternext-listed securities. Second, 

NASDAQ proposes to eliminate the fee 

for Direct Access to NASDAQ Basic, 

currently set forth in Rule 7047(b). 

Finally, NASDAQ proposes to credit 

each Distributor of NASDAQ Basic up to 

$1,500 per month based upon that 

Distributor’s monthly usage fees. For 

example, a Distributor that reports 

$1,500 or more of monthly usage of 

NASDAQ Basic will pay no net 

Distributor Fee, whereas a Distributor 

that reports $1,000 of monthly usage 

will pay a net of $500 for the Distributor 

Fee. 

III. Discussion and Commission 

Findings 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.5 In particular, it is consistent 

with Section 6(b)(4) of the Act,6 which 

requires that the rules of a national 

securities exchange provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and issuers and other parties 

using its facilities, and Section 6(b)(5) of 

the Act,7 which requires, among other 

things, that the rules of a national 

securities exchange be designed 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, and 

not be designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. 

The Commission also finds that the 

proposed rule change is consistent with 

the provisions of Section 6(b)(8) of the 

Act,8 which requires that the rules of an 

exchange not impose any burden on 

competition not necessary or 

appropriate in furtherance of the 

purposes of the Act. Finally, the 

Commission finds that the proposed 

rule change is consistent with Rule 

603(a) of Regulation NMS,9 adopted 

under Section 11A(c)(1) of the Act, 

which requires an exclusive processor 

that distributes information with respect 

to quotations for or transactions in an 

NMS stock to do so on terms that are 

fair and reasonable and that are not 

unreasonably discriminatory.10

This proposal would reduce the 

distribution fees for NASDAQ Basic by 

charging a single monthly Distributor 

Fee of $1,500 for all three NASDAQ 

Basic feeds, eliminating the fee for 

Direct Access to NASDAQ Basic, and 

providing a credit to each Distributor of 

NASDAQ Basic up to $1,500 per month 

based upon that Distributor’s monthly 

usage fees. The Commission has 

reviewed the proposal using the 

approach set forth in the NYSE Arca 

Order for non-core market data fees.11

The Commission recently found that 

NASDAQ was subject to competitive 

forces in setting fees for NASAQ Basic 

in the Pilot Approval Order.12 There are 

a variety of alternative sources of 

information that impose significant 

competitive pressures on NASDAQ in 

setting the terms for distributing 

NASDAQ Basic. The Commission 

believes that the availability of those 

alternatives, as well as NASDAQ’s 

compelling need to attract order flow, 

imposed significant competitive 

pressure on NASDAQ to act equitably, 

fairly, and reasonably in setting the 

terms of its proposal. 

Because NASDAQ 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. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,13 that the 

proposed rule change (SR–NASDAQ– 

2009–028), be, and it hereby is, 

approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12143 Filed 5–22–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6632] 

Title: 60-Day Notice of Proposed 

Information Collection: Form DS–3097, 

Exchange Visitor Program Annual 

Report, and OMB Control Number 

1405–0151 

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: 

Exchange Visitor Program Annual 

Report. 

• OMB Control Number: 1405–0151. 

• Type of Request: Revision of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Educational and Cultural Affairs, Office 

of Private Sector Exchange, ECA/EC. 

• Form Number: Form DS–3097. 

• Respondents: Designated J–1 

program sponsors. 

• Estimated Number of Respondents: 

1,460. 

• Estimated Number of Responses: 

1,460 annually. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24891 

• Average Hours Per Response: 1 

hour. 

• Total Estimated Burden: 1,460 

hours. 

• Frequency: Annually. 

• Obligation to Respond: Mandatory. 

DATES: The Department will accept 

comments from the public up to 60 days 

from May 26, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: jexchanges@state.gov. You 

must include the DS form number and 

RIN in the subject line of your message. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Exchange Coordination and 

Designation, SA–44, 301 4th Street, 

SW., Room 734, Washington, DC 20547. 

• Fax: 202–203–5087. 

Persons with access to the Internet 

may also view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. You 

must include the DS form number, 

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 

Stanley S. Colvin, Deputy Assistant 

Secretary, Office of Private Sector 

Exchange, U.S. Department of State, 

SA–44, 301 4th Street, SW., Room 734, 

Washington, DC 20547; or e-mail at 

jexchanges@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 

Annual reports from designated 

program sponsors assist the Department 

in oversight and administration of the J– 

1 visa program. The reports provide 

statistical data on the number of 

exchange participants an organization 

sponsored per category of exchange. The 

reports also provide a summary of the 

activities in which exchange visitors 

were engaged and an evaluation of 

program effectiveness. Program 

sponsors include government agencies, 

academic institutions, and private sector 

not-for-profit and for-profit entities. 

Methodology 

Annual reports are completed through 

the Student and Exchange Visitor 

Information System (SEVIS) and then 

printed and signed by a sponsor official, 

and sent to the Department by mail or 

fax. The Department is currently 

working with the Department of 

Homeland Security to expand SEVIS 

functions and enable the collection of 

electronic signatures. Annual reports 

will be submitted to the Department 

electronically as soon as the mechanism 

for doing so is approved and in place. 

Dated: May 14, 2009. 

Stanley S. Colvin, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Exchange, Department of State. 

[FR Doc. E9–12147 Filed 5–22–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6633] 

In the Matter of the Review of the 

Designation of Abu Nidal Organization 

Movement (ANO) and Palestinian 

Liberation Front—Abu Abbas Faction 

(PLF) and All Designated Aliases, as 

Foreign Terrorist Organizations 

Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter pursuant to Section 

219(a)(4)(C) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1189(a)(4)(C)) (‘‘INA’’), and in 

consultation with the Attorney General 

and the Secretary of the Treasury, I 

conclude that the circumstances that 

were the basis for the 2003 redesignation of the aforementioned 

organizations as foreign terrorist 

organizations have not changed in such 

a manner as to warrant revocation of the 

designation and that the national 

security of the United States does not 

warrant a revocation of the designations. 

Therefore, I hereby determine that the 

designations of the aforementioned 

organizations as foreign terrorist 

organizations, pursuant to Section 219 

of the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: May 13 2009. 

James B. Steinberg, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–12145 Filed 5–22–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice 6631] 

State–24, Medical Records 

SUMMARY: Notice is hereby given that 

the Department of State proposes to 

alter an existing system of records, 

Medical Records, State–24, pursuant to 

the provisions of the Privacy Act of 

1974, as amended (5 U.S.C. 552a) and 

Office of Management and Budget 

Circular No. A–130, Appendix I. The 

Department’s report was filed with the 

Office of Management and Budget on 

May 18, 2009. 

It is proposed that the current system 

will retain the name ‘‘Medical Records.’’ 

It is also proposed that due to the 

expanded scope of the current system, 

the altered system description will 

include revisions and/or additions to 

the following sections: Categories of 

Individuals Covered by the Systems, 

Categories of Records in the System, 

Purpose, Safeguards and Retrievability. 

Any persons interested in 

commenting on the altered system of 

records may do so by submitting 

comments in writing to Margaret P. 

Grafeld, Director; Office of Information 

Programs and Services; A/GIS/IPS; 

Department of State, SA–2; 515 22nd 

Street, Washington, DC 20522–8001. 

This system of records will be effective 

40 days from the date of publication, 

unless we receive comments that will 

result in a contrary determination. 

The altered system description, 

‘‘Medical Records, State–24,’’ will read 

as set forth below. 

Dated: May 18, 2009. 

Steven J. Rodriguez, 

Deputy Assistant Secretary of Operations, 

Bureau of Administration, Department of 

State. 

STATE–24 

SYSTEM NAME: 

Medical Records. 

SYSTEM LOCATION: 

Department of State, Office of Medical 

Services, 2401 E Street, NW., 

Washington, DC 20522, and Health 

Units at Overseas Posts. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

U.S. Government employees, family 

members, and any other individuals