Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Order Granting Approval of Plan for Allocation of Regulatory Responsibilities Between The NASDAQ Stock Market LLC and the National Association of Securities Dealers, Inc., 40759-40760 [E6-11327]
Download as PDF
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
Virginia Electric and Power Company, et
al., Docket Nos. 50–280 and 50–281,
Surry Power Station, Unit Nos. 1 and 2,
Surry County, Virginia
Date of application for amendments:
April 20, 2006, as supplemented on May
15, 2006.
Brief description of amendments:
These amendments revised the reactor
coolant pressure and temperature limits,
low-temperature overpressure
protection system (LTOPS) setpoint
values, and LTOPS enable temperatures
for up to 28.8 effective full-power years
(EFPYs) and 29.4 EFPYs of operation at
Surry Power Station, Unit Nos. 1 and 2,
respectively.
Date of issuance: June 29, 2006.
Effective date: As of the date of
issuance.
Amendment Nos.: 248/247.
Renewed Facility Operating License
Nos. DPR–32 and DPR–37: Amendments
revised the License and the Technical
Specifications.
Date of initial notice in Federal
Register: April 28, 2006 (71 FR 25249).
The May 15, 2006, supplement
contained clarifying information only
and did not change the initial proposed
no significant hazards consideration
determination or expand the scope of
the initial application.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 29, 2006.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 11th day
of July.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 06–6246 Filed 7–17–06; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [71 FR 40174, July 14,
Closed meeting.
PLACE: 100 F Street, NE., Washington,
DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Tuesday, July 18, 2006 at 10
wwhite on PROD1PC61 with NOTICES
Dated: July 14, 2006.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06–6303 Filed 7–14–06; 10:52 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54136; File No. 4–517]
Program for Allocation of Regulatory
Responsibilities Pursuant to Rule 17d–
2; Order Granting Approval of Plan for
Allocation of Regulatory
Responsibilities Between The
NASDAQ Stock Market LLC and the
National Association of Securities
Dealers, Inc.
July 12, 2006.
Notice is hereby given that the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) has issued an
Order, pursuant to Sections 17(d) 1 and
11A(a)(3)(B) 2 of the Securities Exchange
of 1934 (‘‘Act’’), granting approval and
declaring effective a plan for allocating
regulatory responsibility filed pursuant
to Rule 17d–2 of the Act,3 by The
NASDAQ Stock Market LLC (‘‘Nasdaq’’)
and the National Association of
Securities Dealers, Inc. (‘‘NASD’’).
Accordingly, NASD shall assume, in
addition to the regulatory responsibility
it has under the Act, the regulatory
responsibilities allocated to it under the
plan. At the same time, Nasdaq is
relieved of those regulatory
responsibilities allocated to NASD.4
I. Introduction
Section 19(g)(1) of the Act,5 among
other things, requires every national
securities exchange and registered
securities association (‘‘SRO’’) to
examine for, and enforce compliance by,
its members and persons associated
a.m.
Time change.
The closed meeting scheduled for
Tuesday, July 18, 2006 at 10 a.m. has
been changed to Tuesday, July 18, 2006
at 11 a.m.
CHANGE IN THE MEETING:
16:25 Jul 17, 2006
Jkt 208001
U.S.C. 78q(d).
U.S.C. 78k–1(a)(3)(B).
3 17 CFR 240.17d–2.
4 On January 13, 2006, the Commission approved
Nasdaq’s application for registration as a national
securities exchange. The Commission conditioned
the operation of the Nasdaq Exchange upon
satisfaction of several requirements, one of which
was the approval by the Commission of an
agreement pursuant to Rule 17d–2 between Nasdaq
and NASD. Securities Exchange Act Release No.
53128, 71 FR 3550 (January 23, 2006). Commission
approval of this plan allocating regulatory
responsibility satisfies this requirement.
5 15 U.S.C. 78s(g)(1).
with its members with the Act, the rules
and regulations thereunder, and the
SRO’s own rules, unless the SRO is
relieved of this responsibility pursuant
to Section 17(d) or 19(g)(2) of the Act.6
Section 17(d)(1) of the Act was
intended, in part, to eliminate
unnecessary multiple examinations and
regulatory duplication for those brokerdealers that maintain memberships in
more than one SRO.7 With respect to
common members of two or more SROs,
Section 17(d)(1) authorizes the
Commission, by rule or order, to relieve
an SRO of the responsibility to receive
regulatory reports, to examine for and
enforce compliance with applicable
statutes, rules and regulations, or to
perform other specified regulatory
functions.
To implement Section 17(d)(1), the
Commission adopted two rules: Rule
17d–18 and Rule 17d–2 under the Act.9
Rule 17d–2 under the Act permits SROs
to propose joint plans allocating
regulatory responsibilities, other than
financial responsibility rules, with
respect to common members. Under
paragraph (c) of Rule 17d–2, the
Commission may declare such a plan
effective if, after providing for notice
and comment, it determines that the
plan is necessary or appropriate in the
public interest and for the protection of
investors, to foster cooperation and
coordination among self-regulatory
organizations, to remove impediments
to and foster the development of a
national market system and a national
clearance and settlement system, and in
conformity with the factors set forth in
Section 17(d) of the Act. Upon
effectiveness of a plan filed pursuant to
Rule 17d–2, any self-regulatory
organization is relieved of those
regulatory responsibilities for common
members that are allocated by the plan
to another self-regulatory organization.
On April 17, 2006, the Commission
published notice of the filing by Nasdaq
and NASD of a joint plan allocating
regulatory responsibility for common
members.10 No comments were
received. On July 12, 2006, Nasdaq and
NASD filed an amended joint plan for
1 15
2006].
STATUS:
VerDate Aug<31>2005
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
40759
PO 00000
2 15
Frm 00074
Fmt 4703
Sfmt 4703
6 15
U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2).
Acts Amendments of 1975, Report of
the Senate Committee on Banking, Housing, and
Urban Affairs to Accompany S. 249, S. Rep. No. 94–
75, 94th Cong., 1st Session. 32 (1975).
8 17 CFR 240.17d–1. Rule 17d–1 authorizes the
Commission to designate a single SRO as the
designated examining authority (‘‘DEA’’) to
examine common members for compliance with
financial responsibility requirements imposed by
the Act, the rules thereunder, and SRO rules.
9 17 CFR 240.17d–2.
10 Securities Exchange Act Release No. 53628
(April 10, 2006), 71 FR 19763.
7 Securities
E:\FR\FM\18JYN1.SGM
18JYN1
40760
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
allocating regulatory responsibility.11
The plan, as amended, is intended to
reduce regulatory duplication for firms
that are common members of Nasdaq
and NASD. Included in the plan is an
attachment (‘‘The Nasdaq Stock Market
LLC Rules Certification for 17d–2
Agreement with NASD’’ referred to
herein as the ‘‘Nasdaq Certification’’)
that clearly delineates regulatory
responsibilities with respect to specified
Nasdaq rules and specified federal
securities laws. The Nasdaq
Certification lists every Nasdaq rule that
is identical or substantially similar to a
NASD rule for which, under the plan,
the NASD would bear responsibility for
examining, and enforcing compliance
by, common members. The Nasdaq
Certification also includes the federal
securities laws for which, under the
plan, the NASD would bear
responsibility for examining, and
enforcing compliance by, common
members.
wwhite on PROD1PC61 with NOTICES
II. Discussion
The Commission finds that the
proposed plan is consistent with the
factors set forth in Section 17(d) of the
Act and Rule 17d–2(c) 12 in that the
proposed plan is necessary or
appropriate in the public interest and
for the protection of investors, fosters
cooperation and coordination among
self-regulatory organizations, and
removes impediments to and fosters the
development of the national market
system. In particular, the Commission
believes that the proposed plan could
reduce unnecessary regulatory
duplication by allocating to the NASD
certain responsibilities for common
members that would otherwise be
performed by both Nasdaq and NASD.
The proposed plan promotes efficiency
by reducing costs to common members.
Furthermore, because Nasdaq and
NASD will coordinate their regulatory
functions in accordance with the plan,
the plan should promote investor
protection.
The Commission notes that Nasdaq
and NASD have allocated regulatory
responsibility for all Nasdaq rules that
are identical or substantially similar to
NASD rules, as set forth in the Nasdaq
Certification.13 According to the plan,
11 Nasdaq and NASD made clarifying changes in
the amended plan, and included a list of the federal
securities laws, and the rules and regulations
thereunder, in the Nasdaq Certification for which,
under the plan, the NASD would bear responsibility
for examining, and enforcing compliance by,
common members. These changes are nonsubstantive, and therefore the Commission is not
seeking comment on the amended joint plan.
12 15 U.S.C. 78q(d) and 17 CFR 240.17d–2(c).
13 Nasdaq has represented that there are no
Nasdaq rules that are identical or substantially
VerDate Aug<31>2005
16:25 Jul 17, 2006
Jkt 208001
Nasdaq and NASD will undergo an
annual review of the Nasdaq
Certification to add Nasdaq rules that
are identical or substantially similar to
NASD rules; delete Nasdaq rules that
are no longer identical or substantially
similar to NASD rules; and confirm that
the remaining rules on the Nasdaq
Certification continue to be Nasdaq
rules that are identical or substantially
similar to NASD rules. The Commission
today is declaring effective and
approving a plan that allocates
regulatory responsibility to NASD for
the oversight and enforcement of all
Nasdaq rules that are identical or
substantially similar to the rules of the
NASD for common members of Nasdaq
and NASD. Therefore, modifications to
the Nasdaq Certification need not be
filed with the Commission as an
amendment to the plan provided that
the parties are only adding to, deleting
from or confirming changes to Nasdaq
rules in the Nasdaq Certification that are
identical or substantially similar to
NASD rules. However, should Nasdaq
or NASD decide to add a Nasdaq rule
to the Nasdaq Certification that is not
identical or substantially similar to an
NASD rule, or delete a Nasdaq rule from
the Nasdaq Certification that is identical
or substantially similar to an NASD
rule, or leave on the Nasdaq
Certification a Nasdaq rule that is no
longer identical or substantially similar
to an NASD rule, such a change would
be an amendment to the plan which
must be filed with the Commission
pursuant to Rule 17d–2 under the Act.
Nasdaq and NASD have also set forth
the federal securities laws, and the rules
and regulations thereunder, in the
Nasdaq Certification for which, under
the plan, NASD will bear responsibility
for examining, and enforcing
compliance by, common members. The
Commission notes that any changes to
this list of federal securities laws, and
the rules and regulations thereunder,
would be an amendment to the plan
between Nasdaq and NASD and
therefore must be filed with the
Commission pursuant to Rule 17d–2
under the Act.
The plan further provides that NASD
shall not assume regulatory
responsibility, and Nasdaq will retain
full responsibility, for surveillance and
enforcement of trading activities or
practices solely involving Nasdaq’s own
marketplace.
The plan also permits Nasdaq and
NASD to terminate the plan for various
similar to NASD rules that are not included in the
Nasdaq Certification. Telephone call between
Jeffrey Davis, Nasdaq Office of General Counsel,
and Rebekah Liu, Special Counsel, Division of
Market Regulation, Commission, on June 19, 2006.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
reasons, including the non-payment of
fees, for cause, and for convenience. The
Commission notes, however, that while
the plan permits the parties to terminate
the plan, the allocation to NASD of the
regulatory responsibilities set forth in
the plan cannot be reallocated by the
parties themselves under the terms of
the plan. Rule 17d–2 requires that any
allocation or re-allocation of regulatory
responsibilities be filed with the
Commission pursuant to Rule 17d–2.
III. Conclusion
This Order gives effect to the plan
filed with the Commission in File No.
4–517. The parties to the plan shall
notify all members affected by the plan
of their rights and obligations under the
plan.
It is therefore ordered, pursuant to
Sections 17(d) and 11A(a)(3)(B) of the
Act, that the plan, in File No. 4–517,
between Nasdaq and NASD filed
pursuant to Rule 17d–2 is approved and
declared effective.
It is therefore ordered that Nasdaq is
relieved of those responsibilities
allocated to NASD under the plan in
File No. 4–517.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.14
Nancy M. Morris,
Secretary.
[FR Doc. E6–11327 Filed 7–17–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54131; File No. SR–Amex–
2006–66]
Self-Regulatory Organizations;
American Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Extend
the Short Term Option Series Pilot
Program
July 12, 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 July 10,
2006, the American Stock Exchange LLC
(‘‘Exchange’’ or ‘‘Amex’’) 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 the Exchange. Amex has designated
this proposal as noncontroversial under
14 17
CFR 200.30–3(a)(34).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\18JYN1.SGM
18JYN1
Agencies
[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40759-40760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11327]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54136; File No. 4-517]
Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Order Granting Approval of Plan for Allocation of
Regulatory Responsibilities Between The NASDAQ Stock Market LLC and the
National Association of Securities Dealers, Inc.
July 12, 2006.
Notice is hereby given that the Securities and Exchange Commission
(``SEC'' or ``Commission'') has issued an Order, pursuant to Sections
17(d) \1\ and 11A(a)(3)(B) \2\ of the Securities Exchange of 1934
(``Act''), granting approval and declaring effective a plan for
allocating regulatory responsibility filed pursuant to Rule 17d-2 of
the Act,\3\ by The NASDAQ Stock Market LLC (``Nasdaq'') and the
National Association of Securities Dealers, Inc. (``NASD'').
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78q(d).
\2\ 15 U.S.C. 78k-1(a)(3)(B).
\3\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------
Accordingly, NASD shall assume, in addition to the regulatory
responsibility it has under the Act, the regulatory responsibilities
allocated to it under the plan. At the same time, Nasdaq is relieved of
those regulatory responsibilities allocated to NASD.\4\
---------------------------------------------------------------------------
\4\ On January 13, 2006, the Commission approved Nasdaq's
application for registration as a national securities exchange. The
Commission conditioned the operation of the Nasdaq Exchange upon
satisfaction of several requirements, one of which was the approval
by the Commission of an agreement pursuant to Rule 17d-2 between
Nasdaq and NASD. Securities Exchange Act Release No. 53128, 71 FR
3550 (January 23, 2006). Commission approval of this plan allocating
regulatory responsibility satisfies this requirement.
---------------------------------------------------------------------------
I. Introduction
Section 19(g)(1) of the Act,\5\ among other things, requires every
national securities exchange and registered securities association
(``SRO'') to examine for, and enforce compliance by, its members and
persons associated with its members with the Act, the rules and
regulations thereunder, and the SRO's own rules, unless the SRO is
relieved of this responsibility pursuant to Section 17(d) or 19(g)(2)
of the Act.\6\ Section 17(d)(1) of the Act was intended, in part, to
eliminate unnecessary multiple examinations and regulatory duplication
for those broker-dealers that maintain memberships in more than one
SRO.\7\ With respect to common members of two or more SROs, Section
17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO
of the responsibility to receive regulatory reports, to examine for and
enforce compliance with applicable statutes, rules and regulations, or
to perform other specified regulatory functions.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(g)(1).
\6\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2).
\7\ Securities Acts Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session. 32 (1975).
---------------------------------------------------------------------------
To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1\8\ and Rule 17d-2 under the Act.\9\ Rule 17d-2 under the Act
permits SROs to propose joint plans allocating regulatory
responsibilities, other than financial responsibility rules, with
respect to common members. Under paragraph (c) of Rule 17d-2, the
Commission may declare such a plan effective if, after providing for
notice and comment, it determines that the plan is necessary or
appropriate in the public interest and for the protection of investors,
to foster cooperation and coordination among self-regulatory
organizations, to remove impediments to and foster the development of a
national market system and a national clearance and settlement system,
and in conformity with the factors set forth in Section 17(d) of the
Act. Upon effectiveness of a plan filed pursuant to Rule 17d-2, any
self-regulatory organization is relieved of those regulatory
responsibilities for common members that are allocated by the plan to
another self-regulatory organization.
---------------------------------------------------------------------------
\8\ 17 CFR 240.17d-1. Rule 17d-1 authorizes the Commission to
designate a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with financial
responsibility requirements imposed by the Act, the rules
thereunder, and SRO rules.
\9\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------
On April 17, 2006, the Commission published notice of the filing by
Nasdaq and NASD of a joint plan allocating regulatory responsibility
for common members.\10\ No comments were received. On July 12, 2006,
Nasdaq and NASD filed an amended joint plan for
[[Page 40760]]
allocating regulatory responsibility.\11\ The plan, as amended, is
intended to reduce regulatory duplication for firms that are common
members of Nasdaq and NASD. Included in the plan is an attachment
(``The Nasdaq Stock Market LLC Rules Certification for 17d-2 Agreement
with NASD'' referred to herein as the ``Nasdaq Certification'') that
clearly delineates regulatory responsibilities with respect to
specified Nasdaq rules and specified federal securities laws. The
Nasdaq Certification lists every Nasdaq rule that is identical or
substantially similar to a NASD rule for which, under the plan, the
NASD would bear responsibility for examining, and enforcing compliance
by, common members. The Nasdaq Certification also includes the federal
securities laws for which, under the plan, the NASD would bear
responsibility for examining, and enforcing compliance by, common
members.
---------------------------------------------------------------------------
\10\ Securities Exchange Act Release No. 53628 (April 10, 2006),
71 FR 19763.
\11\ Nasdaq and NASD made clarifying changes in the amended
plan, and included a list of the federal securities laws, and the
rules and regulations thereunder, in the Nasdaq Certification for
which, under the plan, the NASD would bear responsibility for
examining, and enforcing compliance by, common members. These
changes are non-substantive, and therefore the Commission is not
seeking comment on the amended joint plan.
---------------------------------------------------------------------------
II. Discussion
The Commission finds that the proposed plan is consistent with the
factors set forth in Section 17(d) of the Act and Rule 17d-2(c) \12\ in
that the proposed plan is necessary or appropriate in the public
interest and for the protection of investors, fosters cooperation and
coordination among self-regulatory organizations, and removes
impediments to and fosters the development of the national market
system. In particular, the Commission believes that the proposed plan
could reduce unnecessary regulatory duplication by allocating to the
NASD certain responsibilities for common members that would otherwise
be performed by both Nasdaq and NASD. The proposed plan promotes
efficiency by reducing costs to common members. Furthermore, because
Nasdaq and NASD will coordinate their regulatory functions in
accordance with the plan, the plan should promote investor protection.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78q(d) and 17 CFR 240.17d-2(c).
---------------------------------------------------------------------------
The Commission notes that Nasdaq and NASD have allocated regulatory
responsibility for all Nasdaq rules that are identical or substantially
similar to NASD rules, as set forth in the Nasdaq Certification.\13\
According to the plan, Nasdaq and NASD will undergo an annual review of
the Nasdaq Certification to add Nasdaq rules that are identical or
substantially similar to NASD rules; delete Nasdaq rules that are no
longer identical or substantially similar to NASD rules; and confirm
that the remaining rules on the Nasdaq Certification continue to be
Nasdaq rules that are identical or substantially similar to NASD rules.
The Commission today is declaring effective and approving a plan that
allocates regulatory responsibility to NASD for the oversight and
enforcement of all Nasdaq rules that are identical or substantially
similar to the rules of the NASD for common members of Nasdaq and NASD.
Therefore, modifications to the Nasdaq Certification need not be filed
with the Commission as an amendment to the plan provided that the
parties are only adding to, deleting from or confirming changes to
Nasdaq rules in the Nasdaq Certification that are identical or
substantially similar to NASD rules. However, should Nasdaq or NASD
decide to add a Nasdaq rule to the Nasdaq Certification that is not
identical or substantially similar to an NASD rule, or delete a Nasdaq
rule from the Nasdaq Certification that is identical or substantially
similar to an NASD rule, or leave on the Nasdaq Certification a Nasdaq
rule that is no longer identical or substantially similar to an NASD
rule, such a change would be an amendment to the plan which must be
filed with the Commission pursuant to Rule 17d-2 under the Act.
---------------------------------------------------------------------------
\13\ Nasdaq has represented that there are no Nasdaq rules that
are identical or substantially similar to NASD rules that are not
included in the Nasdaq Certification. Telephone call between Jeffrey
Davis, Nasdaq Office of General Counsel, and Rebekah Liu, Special
Counsel, Division of Market Regulation, Commission, on June 19,
2006.
---------------------------------------------------------------------------
Nasdaq and NASD have also set forth the federal securities laws,
and the rules and regulations thereunder, in the Nasdaq Certification
for which, under the plan, NASD will bear responsibility for examining,
and enforcing compliance by, common members. The Commission notes that
any changes to this list of federal securities laws, and the rules and
regulations thereunder, would be an amendment to the plan between
Nasdaq and NASD and therefore must be filed with the Commission
pursuant to Rule 17d-2 under the Act.
The plan further provides that NASD shall not assume regulatory
responsibility, and Nasdaq will retain full responsibility, for
surveillance and enforcement of trading activities or practices solely
involving Nasdaq's own marketplace.
The plan also permits Nasdaq and NASD to terminate the plan for
various reasons, including the non-payment of fees, for cause, and for
convenience. The Commission notes, however, that while the plan permits
the parties to terminate the plan, the allocation to NASD of the
regulatory responsibilities set forth in the plan cannot be reallocated
by the parties themselves under the terms of the plan. Rule 17d-2
requires that any allocation or re-allocation of regulatory
responsibilities be filed with the Commission pursuant to Rule 17d-2.
III. Conclusion
This Order gives effect to the plan filed with the Commission in
File No. 4-517. The parties to the plan shall notify all members
affected by the plan of their rights and obligations under the plan.
It is therefore ordered, pursuant to Sections 17(d) and
11A(a)(3)(B) of the Act, that the plan, in File No. 4-517, between
Nasdaq and NASD filed pursuant to Rule 17d-2 is approved and declared
effective.
It is therefore ordered that Nasdaq is relieved of those
responsibilities allocated to NASD under the plan in File No. 4-517.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------
[FR Doc. E6-11327 Filed 7-17-06; 8:45 am]
BILLING CODE 8010-01-P