Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fees of Other Market Centers Related to Clearly Erroneous Rulings, 20004-20006 [E7-7487]
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20004
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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
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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 establishing a fee of $0.0035
per share executed for orders that are
designated as Directed Intermarket
Sweep Orders (unless the order is for a
security priced under $1, in which case
the fee is 0.3% of the transaction value).
As described in SR–NASDAQ–2007–
020,6 a Directed Order allows a market
participant to enter an order into
Nasdaq that is designated for routing to
another exchange without first checking
the Nasdaq book. By designating a
Directed Order as an Intermarket Sweep
Order, the market participant entering
the order represents that it is complying
with the requirements of Regulation
NMS Rules 610 and 611.7 Because these
orders bypass the Nasdaq book, and
because Nasdaq will incur costs for
post-trade surveillance of members’
compliance with these rules, Nasdaq
believes that an increased routing fee of
$0.0035 is warranted.
sroberts on PROD1PC70 with NOTICES
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)(4) of the
Act,9 in particular, in that it provides for
the equitable allocation of reasonable
dues, fees, and other charges among
members and issuers and other persons
using any facility or system which
Nasdaq operates or controls. Nasdaq
believes that an increased fee for
Directed Intermarket Sweep Orders is
appropriate in light of their special
characteristics.
6 See Securities Exchange Act Release No. 55405
(March 6, 2007), 72 FR 11069 (March 12, 2007).
7 17 CFR 242.610 and 242.611.
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(6)(4).
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19:42 Apr 19, 2007
Jkt 211001
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 rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and
subparagraph (f)(2) of Rule 19b–4
thereunder because it establishes or
changes a due, fee, or other charge.11 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 rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2007–036 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–2007–036. 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
10 15
11 17
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
C FR 240.19b–4(f)(2).
Frm 00129
Fmt 4703
Sfmt 4703
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 such filing also will be
available for inspection and copying at
the principal offices of the Exchange.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly.
All submissions should refer to File
Number SR–NASDAQ–2007–036 and
should be submitted on or before May
11, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to
delegated authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–7485 Filed 4–19–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55633; File No. SR–
NASDAQ–2007–041]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Fees of Other Market Centers Related
to Clearly Erroneous Rulings
April 16, 2007.
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 April 10,
2007, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by Nasdaq. Nasdaq
submitted the proposed rule change
under Section 19(b)(3)(A) of the Act 3
and Rule 19b–4(f)(2) thereunder,4 which
12 17
CFR 200.30–3(a)(12).
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)(2).
1 15
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20APN1
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
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 pass through fees
related to clearly erroneous rulings that
are charged to Nasdaq by other markets.
Nasdaq will implement the proposed
rule change immediately.
The text of the proposed rule change
is below. Proposed new language is in
italics.5
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11890. Clearly Erroneous Transactions
(a)–(b) No change.
(c) Review by the Market Operations
Review Committee (‘‘MORC’’)
(1)–(3) No change.
(4) The party initiating the appeal
shall be assessed a $500.00 fee if the
MORC upholds the decision of the
Nasdaq officer. In addition, in instances
where Nasdaq, on behalf of a member,
requests a determination by another
market center that a transaction is
clearly erroneous, Nasdaq will pass any
resulting charges through to the relevant
member.
(d) No change.
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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.
sroberts on PROD1PC70 with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Nasdaq recently amended Rule 11890,
which covers the breaking of trades
determined to be clearly erroneous, to
add a new Rule 11890(c)(4) that assesses
a fee of $500 for unsuccessful appeals of
clearly erroneous adjudications by
Nasdaq. Nasdaq is now adding a
5 Changes are marked to the rule text that appears
in the electronic manual of Nasdaq found at https://
nasdaq.complinet.com.
VerDate Aug<31>2005
18:52 Apr 19, 2007
Jkt 211001
sentence to the rule to provide that in
instances where Nasdaq, on behalf of a
member, requests a determination by
another market center that a transaction
is clearly erroneous, Nasdaq will pass
any resulting charges through to the
relevant member. The proposed change
reflects the fact that NYSE Arca recently
adopted a similar $500 appellate fee,
and other market centers may follow
suit.6
If a Nasdaq member enters an order
into Nasdaq that is routed to NYSE Arca
and executed there, the Nasdaq member
may not have standing to file under
NYSE Arca rules to seek a
determination that the execution was
clearly erroneous if it is not an NYSE
Arca member. Accordingly, Nasdaq
Execution Services, Nasdaq’s routing
broker-dealer, which is a member of
NYSE Arca, will file a petition under
NYSE Arca rules if the Nasdaq member
requests. If an appeal is unsuccessful,
Nasdaq will be charged under NYSE
Arca rules. Accordingly, Nasdaq
proposes to pass the charge through, on
a dollar-for-dollar basis, to the member
that requested the appeal.
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,7 in
general, and with Section 6(b)(4) of the
Act,8 in particular, in that the provides
for the equitable allocation of reasonable
dues, fees and other charges among
members and issuers and other persons
using any facility or system which
Nasdaq operates or controls. Nasdaq
believes that the change will allocate
charges for adjudications under the
clearly erroneous rules of other market
centers to the Nasdaq members that
initiate such adjudications.
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.
6 Securities Exchange Act Release No. 54655
(October 26, 2006), 71 FR 64596 (November 2, 2006)
(SR–NYSEArca–2006–48).
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
20005
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 9 and
subparagraph (f)(2) of Rule 19b–4
thereunder.10 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 rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2007–041 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–2007–041. 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 such filing also will be
9 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
10 17
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20APN1
20006
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
available for inspection and copying at
the principal office of 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–2007–041 and
should be submitted on or before May
11, 2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–7487 Filed 4–19–07; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
Issued in Washington, DC., on April 5,
2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
Federal Aviation Administration
[Summary Notice No. PE–2007–14]
Petitions for Exemption; Summary of
Petitions Received
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petitions for
exemption received.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice contains a
summary of a certain petition seeking
relief from specified requirements of 14
CFR. The purpose of this notice is to
improve the public’s awareness of, and
participation in, this aspect of FAA’s
regulatory activities. Neither publication
of this notice nor the inclusion of
omission of information in the summary
is intended to affect the legal status of
any petition or its final disposition.
DATES: Comments on petitions received
must identify the petition docket
number involved and must be received
on or before May 10, 2007.
ADDRESSES: Send comments to the
petition to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify the
docket number FAA–2007–27705 at the
beginning of your comments. If you
wish to receive confirmation that the
FAA received your comments, include a
self-addressed, stamped postcard.
You may also submit comments
through the Internet to https://
dms.dot.gov. You may review the public
docket containing the petition, any
comments received, and any final
disposition in person in the Dockets
11 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
18:52 Apr 19, 2007
Jkt 211001
Office between 9 a.m. and 5 p.m.
Monday through Friday, except Federal
holidays. The Dockets Office (telephone
1–800–647–5527) is on the plaza level
of the NASSIF Building at the
Department of Transportation at the
above address. Also, you may review
public dockets on the Internet at
https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Frances Shaver (202–267–9681), Office
of Rulemaking (ARM–1), Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591–3356 or Tyneka
Thomas (202–267–7626), Office of
Rulemaking (ARM–1), Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591–
3356.
This notice is published pursuant to
14 CFR 11.85 and 11.91.
Petitions for Exemption
Docket No.: FAA–2007–27705.
Petitioner: CareFlite.
Section of 14 CFR Affected: 14 CFR
43(h)(i).
Description of Relief Sought: The
exemption, if granted, would allow
trained CareFlite medical crew members
to remove the Propaq mount without
requiring the pilot to shut down the
aircraft and perform the function.
[FR Doc. 07–1940 Filed 4–19–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2007–27951]
Agency Information Collection
Activities: Request for Comments for
New Information Collection
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The FHWA has forwarded the
information collection request described
in this notice to the Office of
Management and Budget (OMB) for
approval of a new information
collection. We published a Federal
Register Notice with a 60-day public
comment period on this information
collection on February 12, 2005. We are
required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995.
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
Please submit comments by May
21, 2007.
ADDRESSES: You may send comments
within 30 days to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: DOT Desk Officer.
You are asked to comment on any
aspect of this information collection,
including: (1) Whether the proposed
collection is necessary for the FHWA’s
performance; (2) the accuracy of the
estimated burden; (3) ways for the
FHWA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized, including
the use of electronic technology,
without reducing the quality of the
collected information. All comments
should include the Docket number
FHWA–2007–27951.
FOR FURTHER INFORMATION CONTACT:
Mike Neathery, 202–366–1257 or Martin
Weiss, 202–366–5010, Office of
Interstate and Border Planning, Federal
Highway Administration, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590. Office
hours are from 8 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Rural Transportation Research.
Background: Section 5513(f) of The
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users of 2005 (SAFETEA–LU) provides
a grant to the New England
Transportation Institute (hence ‘‘the
Institute’’) in White River Junction,
Vermont, to conduct rural
transportation research. The Institute
will undertake research and analysis in
support of two research issues: (1) Rural
Transportation Issues Definition and
Refinement; and (2) Rural
Transportation Safety and Health. The
research includes a 2-part survey to
develop information that will help
support a ‘‘portrait’’ of present rural
transportation patterns. Applying the
concepts of both ‘‘mobility’’ and
‘‘accessibility’’ to the rural Northeast,
the Institute’s surveys will explore the
issues of ‘‘rural isolation’’ and, driver
travel behavior. The survey will address
these questions:
• How serious a problem is rural
isolation and perceptions of access (or
lack thereof)?
• How are the economic forces acting
on the rural areas affecting the manner,
and length of trips in the rural
Northeast?
• How are demographics going to
change and/or influence the demands
made on the transportation system?
DATES:
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]]>Agencies
[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Pages 20004-20006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7487]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-55633; File No. SR-NASDAQ-2007-041]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Fees of Other Market Centers Related to Clearly Erroneous
Rulings
April 16, 2007.
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 April 10, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by Nasdaq. Nasdaq submitted the proposed rule change
under Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which
[[Page 20005]]
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)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Nasdaq proposes to pass through fees related to clearly erroneous
rulings that are charged to Nasdaq by other markets. Nasdaq will
implement the proposed rule change immediately.
The text of the proposed rule change is below. Proposed new
language is in italics.\5\
---------------------------------------------------------------------------
\5\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at https://nasdaq.complinet.com.
---------------------------------------------------------------------------
* * * * *
11890. Clearly Erroneous Transactions
(a)-(b) No change.
(c) Review by the Market Operations Review Committee (``MORC'')
(1)-(3) No change.
(4) The party initiating the appeal shall be assessed a $500.00 fee
if the MORC upholds the decision of the Nasdaq officer. In addition, in
instances where Nasdaq, on behalf of a member, requests a determination
by another market center that a transaction is clearly erroneous,
Nasdaq will pass any resulting charges through to the relevant member.
(d) No change.
* * * * *
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 recently amended Rule 11890, which covers the breaking of
trades determined to be clearly erroneous, to add a new Rule
11890(c)(4) that assesses a fee of $500 for unsuccessful appeals of
clearly erroneous adjudications by Nasdaq. Nasdaq is now adding a
sentence to the rule to provide that in instances where Nasdaq, on
behalf of a member, requests a determination by another market center
that a transaction is clearly erroneous, Nasdaq will pass any resulting
charges through to the relevant member. The proposed change reflects
the fact that NYSE Arca recently adopted a similar $500 appellate fee,
and other market centers may follow suit.\6\
---------------------------------------------------------------------------
\6\ Securities Exchange Act Release No. 54655 (October 26,
2006), 71 FR 64596 (November 2, 2006) (SR-NYSEArca-2006-48).
---------------------------------------------------------------------------
If a Nasdaq member enters an order into Nasdaq that is routed to
NYSE Arca and executed there, the Nasdaq member may not have standing
to file under NYSE Arca rules to seek a determination that the
execution was clearly erroneous if it is not an NYSE Arca member.
Accordingly, Nasdaq Execution Services, Nasdaq's routing broker-dealer,
which is a member of NYSE Arca, will file a petition under NYSE Arca
rules if the Nasdaq member requests. If an appeal is unsuccessful,
Nasdaq will be charged under NYSE Arca rules. Accordingly, Nasdaq
proposes to pass the charge through, on a dollar-for-dollar basis, to
the member that requested the appeal.
2. Statutory Basis
Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general, and with Section
6(b)(4) of the Act,\8\ in particular, in that the provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls. Nasdaq believes that the change will
allocate charges for adjudications under the clearly erroneous rules of
other market centers to the Nasdaq members that initiate such
adjudications.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\10\ 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-2007-041 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-2007-041. 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 such
filing also will be
[[Page 20006]]
available for inspection and copying at the principal office of 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-2007-
041 and should be submitted on or before May 11, 2007.
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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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-7487 Filed 4-19-07; 8:45 am]
BILLING CODE 8010-01-P
