Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Market/Limit-on-Open Orders Sent to the American Stock Exchange or New York Stock Exchange, 55817-55819 [06-8143]
Download as PDF
Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices
competition; and (iii) does not become
operative prior to 30 days after the date
of filing or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest; provided that Nasdaq
has given the Commission notice of its
intent to file the proposed rule change,
along with a brief description and text
of the proposed rule change, at least five
business days prior to the date of filing
of the proposed rule change, or such
shorter time as designated by the
Commission.
Nasdaq has fulfilled the five-day prefiling requirement. Nasdaq has
requested that the Commission waive
the 30-day operative delay. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest because such waiver
would provide users of Nasdaq’s INET
facility the ability to utilize the
proposed Thru DOT order type
immediately, an order type with the
same functionality as an order type that
is currently available for use in Nasdaq’s
Brut facility. For these reasons, the
Commission designates the proposed
rule change to be effective and operative
upon filing with the Commission.11
At any time within 60 days of the
filing of such 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:
rwilkins on PROD1PC63 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–NASD–2006–107 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
11 For purposes only of accelerating 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
17:46 Sep 22, 2006
Jkt 208001
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASD–2006–107. 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
Room. Copies of the filing also will be
available for inspection and copying at
the principal office of the NASD. 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–NASD–2006–107 and
should be submitted on or before
October 16, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.12
Nancy M. Morris,
Secretary.
[FR Doc. 06–8142 Filed 9–22–06; 8:45 am]
BILLING CODE 8010–01–P
notice is hereby given that on
September 11, 2006, the National
Association of Securities Dealers, Inc.
(‘‘NASD’’), through its subsidiary, The
Nasdaq Stock Market, Inc. (‘‘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
filed the proposal pursuant to Section
19(b)(3)(A) of the Act 3 and Rule 19b–
4(f)(6) thereunder,4 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 the Terms of Substance of
the Proposed Rule Change
Nasdaq proposes to establish a new
order processing option for its INET and
Brut facilities that allow those system
users to direct that their market/limiton-open orders being sent to the
American Stock Exchange (‘‘Amex’’) or
New York Stock Exchange (‘‘NYSE’’) for
participation in those markets’’ opening
processes have any shares remaining
unexecuted after the open be returned to
the Nasdaq facility of their origin for
display and potential execution, as
appropriate. Nasdaq has designated this
proposal as non-controversial and has
requested that the Commission waive
the 30-day pre-operative waiting period
contained in Rule 19b–4(f)(6)(iii) under
the Act.5
The text of the proposed rule change
is below. Proposed new language is
italicized.
*
*
*
*
*
4903. Order Entry Parameters
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54461; File No. SR–NASD–
2006–106]
Self-Regulatory Organizations;
National Association of Securities
Dealers, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Market/Limiton-Open Orders Sent to the American
Stock Exchange or New York Stock
Exchange
September 15, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
(a)–(b) No Change.
(c) Thru Brut Orders—
(1) General. A Thru Brut Order is an
order submitted to the System that is
designated for routing to another market
center. The following requirements shall
apply to Thru Brut Orders:
(A)–(B) No Change.
(C) Market/Limit on Open Orders—if
requested by the entering party,
unexecuted share amounts of market on
open orders directed to the New York or
American stock exchanges will be
returned to the System for display and
potential execution.
(d)–(f) No Change.
*
*
*
*
*
12 17
3 15
1 15
4 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00044
Fmt 4703
55817
Sfmt 4703
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
5 17 CFR 240.19b–4(f)(6)(iii).
E:\FR\FM\25SEN1.SGM
25SEN1
55818
Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices
4956. Routing
(a) INET Order Routing Process.
(1) The INET Order Routing Process
shall be available to Participants from 7
a.m. to 8 p.m. Eastern Time, and shall
route orders as described below:
(A)–(B) No Change.
(C) Market/Limit on Open Orders.
If requested by the entering party,
unexecuted share amounts of market on
open orders directed to the New York or
American stock exchanges will be
returned to the INET System for display
and potential execution.
*
*
*
*
*
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
rwilkins on PROD1PC63 with NOTICES
1. Purpose
Nasdaq proposes to provide a new
voluntary option for its INET and Brut
facilities that would allow users to
direct that, for orders being sent to the
NYSE or Amex for participation in those
markets’ opening process, thereafter
return any unexecuted share amounts
back to the originating facility for
display and potential execution.
Currently, such share amounts are
automatically cancelled back to the
entering party, and Nasdaq wishes give
its facility users the ability to elect to
have those unexecuted remainders to
instead continue to participate in
Nasdaq’s automated execution
environment. Nasdaq believes that the
above option would enhance the
choices available to users of the INET
and Brut systems to select the best
method to execute proprietary and
customer orders across multiple trading
venues.
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 15A of the Act,6 in
general, and with Section 15A(b)(6) of
the Act,7 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to remove impediments to a free
and open market and a national market
system, and, in general, to protect
investors and the public interest.
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.
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 proposed rule change is
subject to Section 19(b)(3)(A)(iii) of the
Act 8 and Rule 19b–4(f)(6) thereunder 9
because the proposal: (i) Does not
significantly affect the protection of
investors or the public interest; (ii) does
not impose any significant burden on
competition; and (iii) does not become
operative prior to 30 days after the date
of filing or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest; provided that Nasdaq
has given the Commission notice of its
intent to file the proposed rule change,
along with a brief description and text
of the proposed rule change, at least five
business days prior to the date of filing
of the proposed rule change, or such
shorter time as designated by the
Commission.
Nasdaq has fulfilled the five-day prefiling requirement. Nasdaq has
requested that the Commission waive
the 30-day operative delay. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest because such waiver
would immediately provide users of
Nasdaq’s INET and Brut facilities the
choice to have unexecuted remainders
of certain orders either continue to
participate in Nasdaq’s automated
execution environment or be
automatically cancelled. For these
reasons, the Commission designates the
proposed rule change to be effective and
7 15
U.S.C. 78o–3(b)(6).
U.S.C. 78s(b)(3)(A)(iii).
9 17 CFR 240.19b–4(f)(6).
8 15
6 15
U.S.C. 78o–3.
VerDate Aug<31>2005
17:46 Sep 22, 2006
Jkt 208001
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
operative upon filing with the
Commission.10
At any time within 60 days of the
filing of such 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 rulecomments@sec.gov. Please include File
Number SR–NASD–2006–106 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–NASD–2006–106. 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
Room. Copies of the filing also will be
available for inspection and copying at
the principal office of the NASD. All
comments received will be posted
without change; the Commission does
10 For purposes only of accelerating 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).
E:\FR\FM\25SEN1.SGM
25SEN1
Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices
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–NASD–2006–106 and
should be submitted on or before
October 16, 2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Nancy M. Morris,
Secretary.
[FR Doc. 06–8143 Filed 9–22–06; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Opportunity for Public
Comment on Grant Acquired Property
Release at Lexington County, Pelion,
SC
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: Under the provisions of Title
49, U.S.C. 47107(h)(2), notice is being
given that the FAA is considering a
request from the County of Lexington to
waive the requirement that
approximately 2.38—acres of airport
property, located at the Lexington
County Airport, be used for aeronautical
purposes.
DATES: Comments must be received on
or before October 25, 2006.
ADDRESSES: Comments on this notice
may be mailed or delivered in triplicate
to the FAA at the following address:
Atlanta Airports District Office, Attn:
Parks Preston, Program Manager, 1701
Columbia Ave., Suite 2–260, Atlanta,
GA 30337–2747.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to Katherine L.
Doucett, County Administrator for
Lexington County at the following
address: Lexington County
Administrator, 212 South Lake Drive,
Lexington, SC 29072.
FOR FURTHER INFORMATION CONTACT:
Parks Preston, Program Manager,
Atlanta Airports District Office, 1701
Columbia Ave., Suite 2–260, Atlanta,
GA 30337–2747, (404) 305–7149. The
application may be reviewed in person
at this same location.
SUPPLEMENTARY INFORMATION: The FAA
is reviewing an application by the
County of Lexington to release
11 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
17:46 Sep 22, 2006
Jkt 208001
approximately 2.38 acres of airport
property at the Lexington County
Airport. The property consists of one
parcel located on the west side of the
airport along South Carolina Highway
625. This property is currently shown
on the approved Airport Layout Plan as
aeronautical use land; however the
property is currently not being used for
aeronautical purposes and the proposed
use of this property is compatible with
airport operations. The County will
ultimately sell the property for a future
South Region Public Safety Service
Center with proceeds of the sale
providing funding for future airport
development.
Any person may inspect the
application in person at the FAA office
listed above under FOR FURTHER
INFORMATION CONTACT. In addition, any
person may, upon request, inspect the
application, notice and other documents
germane to the request in person at the
Lexington County government offices.
Issued in Atlanta, Georgia on September 8,
2006.
Scott L. Seritt,
Manager, Atlanta Airports District Office,
Southern Region.
[FR Doc. 06–8125 Filed 9–22–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Seeking OMB Approval
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on March
15, 2006, vol. 71, no. 50, pages 13444–
13445. Fractional Ownership is a
program that offers increased flexibility
in aircraft ownership.
DATES: Please submit comments by
October 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney at Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Fractional Aircraft Ownership
Programs.
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 2120–0684.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
55819
Forms(s): There are no FAA forms
associated with this collection.
Affected Public: An estimated 11
respondents.
Frequency: This information is
collected on occasion.
Estimated Average Burden per
Response: Approximately 45 minutes
per response.
Estimated Annual Burden Hours: An
estimated 16,484 hours annually.
Abstract: Fractional Ownership is a
program that offers increased flexibility
in aircraft ownership. Owners purchase
shares of an aircraft and agree to share
their aircraft with others having an
ownership share in that same aircraft.
Owners agree to put their aircraft into a
‘‘pool’’ of other shared aircraft and to
lease their aircraft to another owner in
that pool. That aircraft owners use a
common management company to
maintain the aircraft and administer the
leasing of the aircraft among the owners.
Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to Nathan Lesser, Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–6974. 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 estimates 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.
ADDRESSES:
Dated: Issued in Washington, DC, on
September 15, 2006.
Carla Mauney,
FAA Information Collection Clearance
Officer, Information Systems and Technology
Services Staff, ABA–20.
[FR Doc. 06–8127 Filed 9–22–06; 8:45 am]
BILLING CODE 4910–13–M
E:\FR\FM\25SEN1.SGM
25SEN1
Agencies
[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Notices]
[Pages 55817-55819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8143]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-54461; File No. SR-NASD-2006-106]
Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to Market/Limit-on-Open Orders Sent to the American
Stock Exchange or New York Stock Exchange
September 15, 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 September 11, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``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 filed
the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ 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\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Nasdaq proposes to establish a new order processing option for its
INET and Brut facilities that allow those system users to direct that
their market/limit-on-open orders being sent to the American Stock
Exchange (``Amex'') or New York Stock Exchange (``NYSE'') for
participation in those markets'' opening processes have any shares
remaining unexecuted after the open be returned to the Nasdaq facility
of their origin for display and potential execution, as appropriate.
Nasdaq has designated this proposal as non-controversial and has
requested that the Commission waive the 30-day pre-operative waiting
period contained in Rule 19b-4(f)(6)(iii) under the Act.\5\
---------------------------------------------------------------------------
\5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The text of the proposed rule change is below. Proposed new
language is italicized.
* * * * *
4903. Order Entry Parameters
(a)-(b) No Change.
(c) Thru Brut Orders--
(1) General. A Thru Brut Order is an order submitted to the System
that is designated for routing to another market center. The following
requirements shall apply to Thru Brut Orders:
(A)-(B) No Change.
(C) Market/Limit on Open Orders--if requested by the entering
party, unexecuted share amounts of market on open orders directed to
the New York or American stock exchanges will be returned to the System
for display and potential execution.
(d)-(f) No Change.
* * * * *
[[Page 55818]]
4956. Routing
(a) INET Order Routing Process.
(1) The INET Order Routing Process shall be available to
Participants from 7 a.m. to 8 p.m. Eastern Time, and shall route orders
as described below:
(A)-(B) No Change.
(C) Market/Limit on Open Orders.
If requested by the entering party, unexecuted share amounts of
market on open orders directed to the New York or American stock
exchanges will be returned to the INET System for display and potential
execution.
* * * * *
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 proposes to provide a new voluntary option for its INET and
Brut facilities that would allow users to direct that, for orders being
sent to the NYSE or Amex for participation in those markets' opening
process, thereafter return any unexecuted share amounts back to the
originating facility for display and potential execution. Currently,
such share amounts are automatically cancelled back to the entering
party, and Nasdaq wishes give its facility users the ability to elect
to have those unexecuted remainders to instead continue to participate
in Nasdaq's automated execution environment. Nasdaq believes that the
above option would enhance the choices available to users of the INET
and Brut systems to select the best method to execute proprietary and
customer orders across multiple trading venues.
2. Statutory Basis
Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\6\ in general, and with
Section 15A(b)(6) of the Act,\7\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to remove impediments to a free
and open market and a national market system, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78o-3.
\7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------
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.
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 proposed rule change is subject to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder \9\
because the proposal: (i) Does not significantly affect the protection
of investors or the public interest; (ii) does not impose any
significant burden on competition; and (iii) does not become operative
prior to 30 days after the date of filing or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest; provided that Nasdaq has given the Commission
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule change,
or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(iii).
\9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
Nasdaq has fulfilled the five-day pre-filing requirement. Nasdaq
has requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver would immediately provide users of Nasdaq's INET
and Brut facilities the choice to have unexecuted remainders of certain
orders either continue to participate in Nasdaq's automated execution
environment or be automatically cancelled. For these reasons, the
Commission designates the proposed rule change to be effective and
operative upon filing with the Commission.\10\
---------------------------------------------------------------------------
\10\ For purposes only of accelerating 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).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such 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-NASD-2006-106 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-NASD-2006-106. 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 Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the NASD. All comments received will be posted without
change; the Commission does
[[Page 55819]]
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-NASD-2006-106 and should be
submitted on or before October 16, 2006.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. 06-8143 Filed 9-22-06; 8:45 am]
BILLING CODE 8010-01-P