Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Rule 7050 Governing Pricing for Nasdaq Members Using the NASDAQ Options Market (“NOM”), 4493-4495 [E9-1465]
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Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
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
No. SR–BX–2009–003 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–BX–2009–003. 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 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 No.
SR–BX–2009–003 and should be
submitted on or before February 17,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1464 Filed 1–23–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59260; File No. SR–
NASDAQ–2009–001]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify Rule
7050 Governing Pricing for Nasdaq
Members Using the NASDAQ Options
Market (‘‘NOM’’)
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on January 9,
2009, 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
has filed the proposal pursuant to
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 Nasdaq
has designated this proposal as
establishing or changing a due, fee, or
other charge applicable only to
members, which renders the proposed
rule change effective upon filing. 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 has filed a proposed rule
change to modify Rule 7050 governing
pricing for Nasdaq members using the
NASDAQ Options Market (‘‘NOM’’),
Nasdaq’s facility for executing and
routing standardized equity and index
options. Proposed new language is in
italics; proposed deletions are in
brackets.5
*
*
*
*
*
7050. NASDAQ Options Market
January 15, 2009.
The following charges shall apply to
the use of the order execution and
routing services of the NASDAQ
Options Market by members for all
securities that it trades.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(1) Fees for Execution of Contracts on
the NASDAQ Options Market
Except as specified below, the [C]c harge to member entering order that executes in the NASDAQ Options Market
For a pilot period ending July 31, 2009, charge for members or non-members entering order via the Options Intermarket Linkage that executes in the Nasdaq Options Market.
Charge to members entering orders in options on QQQQ, SPY, DIA and IWM with an account type ‘‘Customer’’
that executes and remove liquidity entered by another member.
Credit to member providing liquidity through the NASDAQ Options Market ................................................................
Credit to member providing liquidity using price-improving orders through the NASDAQ Options Market .................
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)(ii).
4 17 CFR 240.19b–4(f)(2).
5 Changes are marked to the rule text that appears
in the electronic manual of Nasdaq found at
https://nasdaqomx.cchwallstreet.com.
1 15
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18:54 Jan 23, 2009
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26JAN1
$0.45 per executed contract.
$0.45 per executed contract.
No fee.
$0.30 per executed contract.
$0.35 per executed contract.
4494
*
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
(2)–(4) 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. 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 proposing to lower the fee
for the execution of options contracts for
certain orders in certain options on the
NASDAQ Options Market (‘‘NOM’’).
Specifically, Nasdaq is proposing to
permit orders with an account type of
‘‘Customer’’ to take liquidity 6 for free in
certain options. Nasdaq is proposing to
apply the new fee provision to options
on four exchange-traded funds: QQQQ,
SPY, DIA, and IWM. This proposal is
designed to attract liquidity to the
Nasdaq Options Market and thereby to
increase the quality and efficiency of
executions.
To ensure that this reduction applies
only to customers, the fee reduction will
apply only when a customer order
entered by one member takes liquidity
provided by a different member. When
a trade occurs in an included options
class and the trade involves a customer
removing liquidity that has been
provided by the same broker dealer, the
customer side of the transaction will be
charged the standard rate for removing
liquidity. For example, if participant A
enters an order and then participant A
accesses that liquidity with an order
with an account type of ‘‘Customer,’’ the
‘‘Customer’’ order is still charged $0.45
per executed contract.
This proposed rule change does not
impact the liquidity provider rebates set
forth in Nasdaq Rule 7050. Nor does it
impact the fees assessed for orders
executed in the Opening and Closing
Crosses, or those orders routed to away
markets.
Nasdaq believes that the proposed
fees are competitive, fair and
reasonable, and non-discriminatory in
that they apply equally to all members
and customers. As with all fees, Nasdaq
may adjust these proposed fees in
response to competitive conditions by
filing a new proposed rule change.
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 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. As the
seventh options market in the national
market system, Nasdaq’s fees must be
competitive and low in order for Nasdaq
to attract order flow, execute orders, and
grow as a market. Nasdaq believes that
its fees are fair and reasonable and
consistent with the Exchange Act.
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.
To the contrary, Nasdaq has designed its
fees to compete effectively for the
execution of options contracts and to
reduce the overall cost to investors of
options trading.
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
Pursuant to Section 19(b)(3)(A)(ii) of
the Act 9 and Rule 19b–4(f)(2)
thereunder,10 Nasdaq has designated
this proposal as establishing or changing
a due, fee, or other charge applicable
only to members, which renders the
proposed rule change effective upon
filing. Nasdaq will make the proposed
pricing schedule operational on January
12th, 2009.
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
7 15
6 An
order that takes liquidity is one that is
entered into NOM and that executes against an
order resting on the NOM book.
VerDate Nov<24>2008
17:20 Jan 23, 2009
Jkt 217001
U.S.C. 78f.
U.S.C. 78f(b)(4).
9 15 U.S.C. 78s(b)(3)(A)(ii).
10 17 CFR 240.19b–4(f)(2).
8 15
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
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–2009–001 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2009–001. 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 the 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–2009–001 and
should be submitted on or before
February 17, 2009.
11 17
E:\FR\FM\26JAN1.SGM
CFR 200.30–3(a)(12).
26JAN1
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–1465 Filed 1–23–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59252; File No. SR–NSCC–
2008–10]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to an
Enhancement to Its Insurance and
Retirement Services To Allow for the
Electronic Exchange of Attachments to
Messages
January 15, 2009.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
November 24, 2008, National Securities
Clearing Corporation (‘‘NSCC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change described in Items
I, II, and III below, which items have
been prepared primarily by NSCC.
NSCC filed the proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of
the Act 2 and Rule 19b–4(f)(4)
thereunder 3 so that the proposal was
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change is an
enhancement to NSCC’s insurance and
retirement services (‘‘IPS’’) called
‘‘Attachments.’’
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NSCC 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. NSCC has prepared
U.S.C. 78s(b)(1).
U.S.C. 78s(b)(3)(A)(iii).
3 17 CFR 240.19b–4(f)(4).
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.4
requirements of the Act and the rules
and regulations promulgated thereunder
applicable to NSCC.
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The purpose of the proposed rule
change is to enhance the IPS to allow for
the electronic exchange of attachments
to IPS messages, such as imaged data in
PDF format. The enhancement is
referred to as ‘‘Attachments.’’ The
attachment may be any collection of
data that is unstructured and is
intended to pass through the network
from sender to receiver without edit.
The attachment data may but need not
be in support of an existing IPS service
message.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
NSCC does not believe that the
proposed rule change will have any
impact or impose any burden on
competition.
Background
Recent regulatory developments have
highlighted a need for the annuity and
insurance industry to have the
capability of an electronic exchange of
imaged documents, signatures, and
forms during the presale, new business,
and post-issue process. Industry
standards developed by the industry
through the straight-through processing
(‘‘STP’’) initiative led by the National
Association of Variable Annuities
(‘‘NAVA’’) state that signature capture,
either through e-signature or on imaged
copies of forms, is required at point of
sale. The signature and the associated
documentation must be transmitted by
the selling broker-dealer agent to the
insurance carrier for the annuity to be
processed ‘‘in-good-order.’’
NSCC’s Attachments service is in
furtherance of the NAVA STP initiative.
It will eliminate the need for a paper
exchange of information in paper form
and will enable STP when signatures
are required at point of sale or when
original documentation is required in
connection with processing what is
otherwise automated. Additionally,
industry participants will realize
savings from reduced mailing costs and
from the processing efficiencies
associated with expedited document
processing. Automation of this process
will also create an improved audit trail
and will eliminate problems associated
with lost paperwork.
The proposed rule change will
promote processing efficiencies between
insurance companies and distributors of
variable insurance products thereby
facilitating the prompt and accurate
processing of securities transactions,
which is consistent with the
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received. NSCC will notify
the Commission of any written
comments received by NSCC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and Rule
19b–4(f)(4) 6 thereunder because the
proposed rule effects a change in an
existing service of NSCC that (i) does
not adversely affect the safeguarding of
securities or funds in the custody or
control of NSCC or for which it is
responsible and (ii) does not
significantly affect the respective rights
or obligations of NSCC or persons using
the service. At any time within sixty
days of the filing of such 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–NSCC–2008–10 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
1 15
2 15
VerDate Nov<24>2008
17:20 Jan 23, 2009
4 The Commission has modified the text of the
summaries prepared by NSCC.
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5 15
6 17
E:\FR\FM\26JAN1.SGM
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4).
26JAN1
]]>Agencies
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4493-4495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1465]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59260; File No. SR-NASDAQ-2009-001]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Rule 7050 Governing Pricing for Nasdaq Members Using the NASDAQ
Options Market (``NOM'')
January 15, 2009.
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 January 9, 2009, 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 has filed the proposal pursuant to
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ Nasdaq has designated this proposal as establishing or
changing a due, fee, or other charge applicable only to members, which
renders the proposed rule change effective upon filing. 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)(ii).
\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 has filed a proposed rule change to modify Rule 7050
governing pricing for Nasdaq members using the NASDAQ Options Market
(``NOM''), Nasdaq's facility for executing and routing standardized
equity and index options. Proposed new language is in italics; proposed
deletions are in brackets.\5\
---------------------------------------------------------------------------
\5\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at https://
nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------
* * * * *
7050. NASDAQ Options Market
The following charges shall apply to the use of the order execution
and routing services of the NASDAQ Options Market by members for all
securities that it trades.
(1) Fees for Execution of Contracts on the NASDAQ Options Market
------------------------------------------------------------------------
------------------------------------------------------------------------
Except as specified below, the [C]c harge to $0.45 per executed
member entering order that executes in the contract.
NASDAQ Options Market.
For a pilot period ending July 31, 2009, $0.45 per executed
charge for members or non-members entering contract.
order via the Options Intermarket Linkage
that executes in the Nasdaq Options Market.
Charge to members entering orders in options No fee.
on QQQQ, SPY, DIA and IWM with an account
type ``Customer'' that executes and remove
liquidity entered by another member.
Credit to member providing liquidity through $0.30 per executed
the NASDAQ Options Market. contract.
Credit to member providing liquidity using $0.35 per executed
price-improving orders through the NASDAQ contract.
Options Market.
------------------------------------------------------------------------
[[Page 4494]]
(2)-(4) 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. 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 proposing to lower the fee for the execution of options
contracts for certain orders in certain options on the NASDAQ Options
Market (``NOM''). Specifically, Nasdaq is proposing to permit orders
with an account type of ``Customer'' to take liquidity \6\ for free in
certain options. Nasdaq is proposing to apply the new fee provision to
options on four exchange-traded funds: QQQQ, SPY, DIA, and IWM. This
proposal is designed to attract liquidity to the Nasdaq Options Market
and thereby to increase the quality and efficiency of executions.
---------------------------------------------------------------------------
\6\ An order that takes liquidity is one that is entered into
NOM and that executes against an order resting on the NOM book.
---------------------------------------------------------------------------
To ensure that this reduction applies only to customers, the fee
reduction will apply only when a customer order entered by one member
takes liquidity provided by a different member. When a trade occurs in
an included options class and the trade involves a customer removing
liquidity that has been provided by the same broker dealer, the
customer side of the transaction will be charged the standard rate for
removing liquidity. For example, if participant A enters an order and
then participant A accesses that liquidity with an order with an
account type of ``Customer,'' the ``Customer'' order is still charged
$0.45 per executed contract.
This proposed rule change does not impact the liquidity provider
rebates set forth in Nasdaq Rule 7050. Nor does it impact the fees
assessed for orders executed in the Opening and Closing Crosses, or
those orders routed to away markets.
Nasdaq believes that the proposed fees are competitive, fair and
reasonable, and non-discriminatory in that they apply equally to all
members and customers. As with all fees, Nasdaq may adjust these
proposed fees in response to competitive conditions by filing a new
proposed rule change.
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 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. As the seventh options market in the
national market system, Nasdaq's fees must be competitive and low in
order for Nasdaq to attract order flow, execute orders, and grow as a
market. Nasdaq believes that its fees are fair and reasonable and
consistent with the Exchange Act.
---------------------------------------------------------------------------
\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, as amended. To the contrary,
Nasdaq has designed its fees to compete effectively for the execution
of options contracts and to reduce the overall cost to investors of
options trading.
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
Pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ Nasdaq has designated this proposal as
establishing or changing a due, fee, or other charge applicable only to
members, which renders the proposed rule change effective upon filing.
Nasdaq will make the proposed pricing schedule operational on January
12th, 2009.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-2009-001 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2009-001. 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 the 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-2009-001 and should
be submitted on or before February 17, 2009.
[[Page 4495]]
For the Commission, by the Division of Trading and Markets,
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. E9-1465 Filed 1-23-09; 8:45 am]
BILLING CODE 8011-01-P
