Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Technical and Conforming Changes to Nasdaq's 6000, 9000, and 11000 Series Rules, 44338-44339 [E6-12613]
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44338
Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices
and operative upon filing with the
Commission.15
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 the 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:
gechino on PROD1PC61 with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR NASDAQ–2006–017 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2006–017. 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 (https://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
Section, 100 F Street, NE., Washington,
DC 20549–1090. Copies of such filing
also will be available for inspection and
copying at the principal office of
Nasdaq. All comments received will be
15 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
VerDate Aug<31>2005
22:39 Aug 03, 2006
Jkt 208001
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–2006–017 and
should be submitted on or before
August 25, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.16
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–12612 Filed 8–3–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54252; File No. SR–
NASDAQ–2006–022]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change Regarding
Technical and Conforming Changes to
Nasdaq’s 6000, 9000, and 11000 Series
Rules
July 31, 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 28,
2006, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’), 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 Nasdaq. Nasdaq has designated the
proposed rule change as constituting a
‘‘non-controversial’’ rule change under
Rule 19b–4(f)(6) under the Act,3 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of Terms of the Substance of
the Proposed Rule Change
Nasdaq proposes to conform the Rule
6000, 9000, and 11000 Series of
Nasdaq’s rules to certain changes made
to the corresponding rule series of the
rules of the National Association of
Securities Dealers, Inc. (‘‘NASD’’) since
approval of Nasdaq’s rules by the
Commission in January 2006 and to
correct certain errors in the approved
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
rules. Nasdaq proposes to implement
the proposed rule change immediately.
The text of the proposed rule change is
available on Nasdaq’s Web site (https://
www.nasdaq.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 these 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
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 is modifying its 6000, 9000
and 11000 Series Rules to conform them
to certain changes made to the
corresponding NASD rule series since
approval of Nasdaq’s rules by the
Commission in January 2006 and to
correct certain errors in the approved
rules. Specifically, Nasdaq is:
• Amending Nasdaq Rule 6951 to
reflect the effectiveness of a change to
the definition of ‘‘Reporting Member.’’
• Adding Nasdaq Rule 6958 to
provide exemptive authority
comparable to the authority provided to
NASD by NASD Rule 6958.4
• Amending Nasdaq Rule 9120 to
reflect the deletion, effective August 28,
2006, of the Nasdaq Rule 5000 Series
and to eliminate an erroneous reference
to the Nasdaq Rule 7000 Series.5
• Amending Nasdaq IM–11810 in
accordance with changes to NASD IM–
11810 made by SR–NASD–2005–087.6
• Amending Nasdaq Rule 11890 to
reflect changes made to NASD Rule
11890 by SR–NASD–2006–033.7
• Amending Nasdaq Rules 6250,
6800, 6954, 9110, 11310, and 11840 and
4 Securities Exchange Act Release Nos. 53819
(May 17, 2006), 71 FR 29697 (May 23, 2006) (SR–
NASD–2006–052); and 53580 (March 30, 2006), 71
FR 17529 (April 4, 2006) (SR–NASD–2006–040).
5 Securities Exchange Act Release No. 54155 (July
14, 2006), 71 FR 41291 (July 20, 2006) (SR–
NASDAQ–2006–001).
6 Securities Exchange Act Release No. 54084
(June 30, 2006), 71 FR 38935 (July 10, 2006) (SR–
NASD–2005–087).
7 Securities Exchange Act Release No. 53541
(March 22, 2006), 71 FR 15792 (March 29, 2006)
(SR–NASD–2006–033).
E:\FR\FM\04AUN1.SGM
04AUN1
Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices
Nasdaq IM–9216 and IM–11110 to
correct typographical errors.
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,8 in
general, and with Section 6(b)(5) of the
Act,9 in particular, in that it is designed
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; and is not designed to
permit unfair discrimination between
customers, issuers, brokers, or dealers.
Nasdaq believes that the proposed
rule change conforms the Nasdaq Rules
6000, 9000, and 11000 Series of
Nasdaq’s rules to certain changes made
to the corresponding rule series of the
rules of NASD since approval of
Nasdaq’s rules by the Commission in
January 2006 and corrects certain errors
in the approved rules.
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.
gechino on PROD1PC61 with NOTICES
Nasdaq has designated the foregoing
rule change as a ‘‘non-controversial’’
rule change pursuant to Section
19(b)(3)(A) of the Act10 and Rule 19b–
4(f)(6) thereunder11 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 if
U.S.C. 78f.
U.S.C. 78f(b)(5).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6).
22:39 Aug 03, 2006
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:
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2006–022 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2006–022. This
file number should be included on the
12 For purposes only of waiving the operative date
of this proposal, he Commission has considered the
proposed rule’s impact on efficiency, competition
and capital formation. See 15 U.S.C. 78c(f).
9 15
VerDate Aug<31>2005
IV. Solicitation of Comments
Electronic Comments
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
8 15
consistent with the protection of
investors and the public interest.
Nasdaq has requested that the
Commission waive the 30-day preoperative period requirement for ‘‘noncontroversial’’ proposals, based upon a
representation that such waiver will
allow Nasdaq to implement the rule
changes, which have either recently
been made effective as changes to NASD
rules or are technical in nature, prior to
the time when Nasdaq begins to operate
as a national securities exchange. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest. Waiver of the 30-day
operative period will allow Nasdaq to
implement these changes immediately
so that they can be in place prior to the
time Nasdaq begins to operate as a
national securities exchange.
Accordingly, the Commission has
determined to waive the operative
delay, and the proposed rule change has
become effective upon filing with the
Commission.12
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.
Jkt 208001
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
44339
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 (https://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
Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will
be available for inspection and copying
at the principal office of the Nasdaq. 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–2006–022 and
should be submitted on or before
August 25, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–12613 Filed 8–3–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54231; File No. SR–
NYSEArca-2006–19]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of
Proposed Rule Change and
Amendment No. 1 Thereto Relating to
the Trading of the Index-Linked
Securities of Barclays Bank PLC
Linked to the Performance of the
GSCI Total Return Index Pursuant to
Unlisted Trading Privileges
July 27, 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 May 16,
2006, NYSE Arca, Inc. (‘‘Exchange’’),
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Pages 44338-44339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12613]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54252; File No. SR-NASDAQ-2006-022]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Regarding Technical and Conforming Changes to Nasdaq's 6000, 9000, and
11000 Series Rules
July 31, 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 28, 2006, The NASDAQ Stock Market LLC (``Nasdaq''), 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 Nasdaq. Nasdaq has designated the proposed rule change as
constituting a ``non-controversial'' rule change under Rule 19b-4(f)(6)
under the Act,\3\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of Terms of the Substance
of the Proposed Rule Change
Nasdaq proposes to conform the Rule 6000, 9000, and 11000 Series of
Nasdaq's rules to certain changes made to the corresponding rule series
of the rules of the National Association of Securities Dealers, Inc.
(``NASD'') since approval of Nasdaq's rules by the Commission in
January 2006 and to correct certain errors in the approved rules.
Nasdaq proposes to implement the proposed rule change immediately. The
text of the proposed rule change is available on Nasdaq's Web site
(https://www.nasdaq.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 these 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 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 is modifying its 6000, 9000 and 11000 Series Rules to
conform them to certain changes made to the corresponding NASD rule
series since approval of Nasdaq's rules by the Commission in January
2006 and to correct certain errors in the approved rules. Specifically,
Nasdaq is:
Amending Nasdaq Rule 6951 to reflect the effectiveness of
a change to the definition of ``Reporting Member.''
Adding Nasdaq Rule 6958 to provide exemptive authority
comparable to the authority provided to NASD by NASD Rule 6958.\4\
---------------------------------------------------------------------------
\4\ Securities Exchange Act Release Nos. 53819 (May 17, 2006),
71 FR 29697 (May 23, 2006) (SR-NASD-2006-052); and 53580 (March 30,
2006), 71 FR 17529 (April 4, 2006) (SR-NASD-2006-040).
---------------------------------------------------------------------------
Amending Nasdaq Rule 9120 to reflect the deletion,
effective August 28, 2006, of the Nasdaq Rule 5000 Series and to
eliminate an erroneous reference to the Nasdaq Rule 7000 Series.\5\
---------------------------------------------------------------------------
\5\ Securities Exchange Act Release No. 54155 (July 14, 2006),
71 FR 41291 (July 20, 2006) (SR-NASDAQ-2006-001).
---------------------------------------------------------------------------
Amending Nasdaq IM-11810 in accordance with changes to
NASD IM-11810 made by SR-NASD-2005-087.\6\
---------------------------------------------------------------------------
\6\ Securities Exchange Act Release No. 54084 (June 30, 2006),
71 FR 38935 (July 10, 2006) (SR-NASD-2005-087).
---------------------------------------------------------------------------
Amending Nasdaq Rule 11890 to reflect changes made to NASD
Rule 11890 by SR-NASD-2006-033.\7\
---------------------------------------------------------------------------
\7\ Securities Exchange Act Release No. 53541 (March 22, 2006),
71 FR 15792 (March 29, 2006) (SR-NASD-2006-033).
---------------------------------------------------------------------------
Amending Nasdaq Rules 6250, 6800, 6954, 9110, 11310, and
11840 and
[[Page 44339]]
Nasdaq IM-9216 and IM-11110 to correct typographical errors.
2. Statutory Basis
Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(5) of the Act,\9\ in particular, in that it is designed 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; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Nasdaq believes that the proposed rule change conforms the Nasdaq
Rules 6000, 9000, and 11000 Series of Nasdaq's rules to certain changes
made to the corresponding rule series of the rules of NASD since
approval of Nasdaq's rules by the Commission in January 2006 and
corrects certain errors in the approved rules.
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
Nasdaq has designated the foregoing rule change as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the
Act\10\ and Rule 19b-4(f)(6) thereunder\11\ 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 if consistent with the protection of investors and the public
interest.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
Nasdaq has requested that the Commission waive the 30-day pre-
operative period requirement for ``non-controversial'' proposals, based
upon a representation that such waiver will allow Nasdaq to implement
the rule changes, which have either recently been made effective as
changes to NASD rules or are technical in nature, prior to the time
when Nasdaq begins to operate as a national securities exchange. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Waiver of the 30-day operative period will allow Nasdaq to implement
these changes immediately so that they can be in place prior to the
time Nasdaq begins to operate as a national securities exchange.
Accordingly, the Commission has determined to waive the operative
delay, and the proposed rule change has become effective upon filing
with the Commission.\12\
---------------------------------------------------------------------------
\12\ For purposes only of waiving the operative date of this
proposal, he Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2006-022 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2006-022. 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 (https://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 Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of the Nasdaq. 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-2006-022 and should
be submitted on or before August 25, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-12613 Filed 8-3-06; 8:45 am]
BILLING CODE 8010-01-P
