Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change and Amendment No. 2 Thereto, To Retroactively Modify Pricing for Nasdaq Members Using the Nasdaq Market Center, 54705 [E7-18956]

Download as PDF Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NASDAQ–2007–077 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–2007–077. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be 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–2007–077 and should be submitted on or before October 17, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–18955 Filed 9–25–07; 8:45 am] SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56477; File No. SR– NASDAQ–2007–056] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change and Amendment No. 2 Thereto, To Retroactively Modify Pricing for Nasdaq Members Using the Nasdaq Market Center September 20, 2007. On June 1, 2007, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to make retroactive to February 12, 2007, certain modifications to Nasdaq’s fee schedule to address transition issues arising from its commencing operations as a national securities exchange. On July 27, 2007, Nasdaq filed Amendment No. 1. On August 6, 2007, Nasdaq withdrew Amendment No. 1 and filed Amendment No. 2, which replaced the text of the original filing in its entirety. The proposed rule change was published for notice and comment in the Federal Register on August 15, 2007.3 The Commission received no comments on the proposal. The Commission has carefully reviewed the proposed rule change and finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 4 and, in particular, the requirements of Section 6(b)(4) of the Act,5 which requires that Nasdaq’s rules provide for the equitable allocation of reasonable dues, fees and other charges among its members and issuers and other persons using its facilities. With respect to Rule 7013, the Commission believes it is appropriate to eliminate Tape A revenue sharing for Nasdaq members trading non-Nasdaq securities because this change restores the status quo with respect to Tape A revenue sharing that existed prior to Nasdaq’s transition to exchange operation on February 12, 2007. With respect to Rule 7014, the Commission believes that it is appropriate to delete BILLING CODE 8010–01–P mstockstill on PROD1PC66 with NOTICES 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 56228 (August 8, 2007), 72 FR 45848. 4 In approving this proposed rule change, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(4). 2 17 9 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 17:57 Sep 25, 2007 Jkt 211001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 54705 the rule in its entirety because Nasdaq began trading all securities, including non-Nasdaq securities, on a single trading platform on February 12, 2007; thus, a pricing distinction for trading non-Nasdaq securities is not appropriate. The Commission also believes that the remainder of Rule 7014 can be eliminated because the rule references obsolete practices or is duplicative of other Nasdaq rules. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,6 that the proposed rule change (SR–NASDAQ– 2007–056) be, and it hereby is, approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–18956 Filed 9–25–07; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56471; File No. SR–OCC– 2007–08] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of a Proposed Rule Change Relating to Binary Options September 19, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on June 28, 2007, The Options Clearing Corporation (‘‘OCC’’) 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 primarily by OCC. 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 The proposed rule change would amend OCC’s By-Laws and Rules to permit OCC to clear and settle various types of binary options, including ‘‘fixed return options’’ to be listed by the American Stock Exchange (‘‘Amex’’) and binary options on broad-based securities indexes proposed to be listed by the Chicago Board Options Exchange (‘‘CBOE’’). 6 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 7 17 E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Page 54705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18956]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56477; File No. SR-NASDAQ-2007-056]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order 
Granting Approval of Proposed Rule Change and Amendment No. 2 Thereto, 
To Retroactively Modify Pricing for Nasdaq Members Using the Nasdaq 
Market Center

September 20, 2007.
    On June 1, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to make 
retroactive to February 12, 2007, certain modifications to Nasdaq's fee 
schedule to address transition issues arising from its commencing 
operations as a national securities exchange. On July 27, 2007, Nasdaq 
filed Amendment No. 1. On August 6, 2007, Nasdaq withdrew Amendment No. 
1 and filed Amendment No. 2, which replaced the text of the original 
filing in its entirety. The proposed rule change was published for 
notice and comment in the Federal Register on August 15, 2007.\3\ The 
Commission received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56228 (August 8, 
2007), 72 FR 45848.
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    The Commission has carefully reviewed the proposed rule change and 
finds that the proposed rule change is consistent with the requirements 
of the Act and the rules and regulations thereunder applicable to a 
national securities exchange \4\ and, in particular, the requirements 
of Section 6(b)(4) of the Act,\5\ which requires that Nasdaq's rules 
provide for the equitable allocation of reasonable dues, fees and other 
charges among its members and issuers and other persons using its 
facilities. With respect to Rule 7013, the Commission believes it is 
appropriate to eliminate Tape A revenue sharing for Nasdaq members 
trading non-Nasdaq securities because this change restores the status 
quo with respect to Tape A revenue sharing that existed prior to 
Nasdaq's transition to exchange operation on February 12, 2007. With 
respect to Rule 7014, the Commission believes that it is appropriate to 
delete the rule in its entirety because Nasdaq began trading all 
securities, including non-Nasdaq securities, on a single trading 
platform on February 12, 2007; thus, a pricing distinction for trading 
non-Nasdaq securities is not appropriate. The Commission also believes 
that the remainder of Rule 7014 can be eliminated because the rule 
references obsolete practices or is duplicative of other Nasdaq rules.
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    \4\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(4).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\6\ that the proposed rule change (SR-NASDAQ-2007-056) be, and it 
hereby is, approved.
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    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18956 Filed 9-25-07; 8:45 am]
BILLING CODE 8010-01-P

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