Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the NASDAQ Stock Market LLC Regarding a Clerical Change to Nasdaq Rules, 11387-11389 [E9-5715]

Download as PDF Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices practices that are unfair to investors or hinder the functioning of a free and open market, even though those practices may not be illegal or violate a specific rule or regulation. Because of the regulatory importance of accurate information input into the Nasdaq Markets, Nasdaq believes rules that directly address members’ obligation to provide accurate information are warranted. The proposed rules make clear members’ obligation to input accurate information into the Nasdaq Markets, and that failure to do so would be considered a violation of Nasdaq rules. Nasdaq notes that FINRA has rules that require the accurate entry of certain trade information into its systems. For example, FINRA Rule 7330(d) requires FINRA members to report to the OTC Reporting Facility certain specific traderelated information. A failure to provide such information represents a violation of FINRA Rules, and may result in disciplinary action. FINRA has substantially similar requirements for other trade reporting systems it operates.5 dwashington3 on PROD1PC60 with NOTICES 2. Statutory Basis Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,6 in general, and with Section 6(b)(5) of the Act,7 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The amendments proposed herein will serve to promote the accuracy of information input into the Nasdaq Markets. Accurate information is necessary for the efficient and fair operation of the Nasdaq Markets, and will assist Nasdaq in surveilling the markets for fraudulent activity. 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. 5 See FINRA Rules 7230A and 7230B. U.S.C. 78f. 7 15 U.S.C. 78f(b)(5). 6 15 VerDate Nov<24>2008 13:44 Mar 16, 2009 Jkt 217001 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 This the foregoing proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b– 4(f)(6) thereunder.9 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–2009–014 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–2009–014. 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 8 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). The Exchange also provided the Commission with written 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 the proposed rule change as required by Rule 19b–4(f)(6). 9 17 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 11387 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 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–2009–014 and should be submitted on or before April 7, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5714 Filed 3–16–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59549; File No. SR– NASDAQ–2009–021] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the NASDAQ Stock Market LLC Regarding a Clerical Change to Nasdaq Rules March 10, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 4, 2009, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. Nasdaq proposes to 10 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 E:\FR\FM\17MRN1.SGM 17MRN1 11388 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices make a clerical correction to the Nasdaq rulebook under Rule 19b–4(f)(3) under the Act,3 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Nasdaq proposes to make clerical corrections to Nasdaq Rule 7050. Nasdaq proposes to implement the proposed rule change immediately. The text of the proposed rule change is available on Nasdaq’s Web site (https://www.complinet.com/nasdaq), at Nasdaq’s principal office, and at the Commission’s Public Reference Room. The text of the proposed rule change is below. Proposed new language is underlined; proposed deletions are in [brackets].4 * * * * * 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 charge 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, IWM, AAPL BAC, C, GS, JPM, RIMM, XLE, XLF, and XOM 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. * 2. Statutory Basis (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, the self-regulatory organization 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 those statements may be examined at the places specified in Item IV below and is set forth in sections A, B, and C below. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change B. Self-Regulatory Organization’s Statement on Burden on Competition dwashington3 on PROD1PC60 with NOTICES 1. Purpose Nasdaq proposes to make clerical corrections to Nasdaq Rule 7050. Nasdaq proposes to modify the prefatory language of Rule 7050 to eliminate the phrases ‘‘by members’’ and ‘‘that it trades’’ to reflect the fact that Rule 7050 contains fees applicable to nonmembers and to options that Nasdaq routes but does not trade. These changes had previously been proposed by Nasdaq, but were not reflected in subsequent Nasdaq filings.5 3 17 CFR 240.19b–4(f)(3). are marked to the rules of The NASDAQ Stock Market LLC as set forth in SR– NASDAQ–2009–008. The proposed changes will be reflected in the NASDAQ Online manual found at https://nasdaq.complinet.com. 4 Changes VerDate Nov<24>2008 13:44 Mar 16, 2009 Jkt 217001 Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,6 in general, and with Section 6(b)(5) of the Act,7 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change makes a minor clerical change to an existing Nasdaq rule. Nasdaq does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. 5 See Exchange Act Release No. 58298, 73 FR 46695 (Aug. 11, 2008) (SR–NASDAQ–2008–055); Exchange Act Release No. 58081, 73 FR 39755 (July 10, 2008) (SR–NASDAQ–2008–058). 6 15 U.S.C. 78f. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 $0.45 per executed contract. $0.45 per executed contract. No fee. $0.30 per executed contract. $0.35 per executed contract. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b–4(f)(3) thereunder,9 Nasdaq has designated this proposal as one that is concerned solely with the administration of the self-regulatory organization. Accordingly, Nasdaq believes that its proposal should become immediately effective. 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 7 15 U.S.C. 78f(b)(5). U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(3). 8 15 E:\FR\FM\17MRN1.SGM 17MRN1 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices Number SR–NASDAQ–2009–021 on the subject line. SECURITIES AND EXCHANGE COMMISSION Paper Comments [Release No. 34–59557; File No. SR– NASDAQ–2009–017] • 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–2009–021. 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 will also be available for inspection and copying at the principal office of the self-regulatory organization. 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–2009–021 and should be submitted on or before April 7, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.3 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–5715 Filed 3–16–09; 8:45 am] dwashington3 on PROD1PC60 with NOTICES BILLING CODE 8011–01–P Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the Processing of Orders on the NASDAQ Options Market March 11, 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 March 6, 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. Pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b–4(f)(5) thereunder,4 Nasdaq has designated this proposal as one effecting a change in an existing order-entry or trading system of a selfregulatory organization. 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 is filing a proposed rule change to offer the ‘‘WAIT’’ order modifier for use with orders entered into the NASDAQ Options Market (‘‘NOM’’). This modifier is designed to enhance compliance with the Order Exposure requirement set forth at Chapter VII, Section 12 of the NOM Rules. The text of the proposed rule change is available from Nasdaq’s Web site at https://cchwallstreet.com/nasdaqomx/ at Nasdaq’s principal office, and at the Commission’s Public Reference Room. Proposed new language is italicized; proposed deletions are in brackets.5 * * * * * Chapter VI, Trading Systems Sec. 1. Definitions The following definitions apply to Chapter VI for the trading of options listed on NOM. (a)–(f) No Change. (g) 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(5). 5 Changes are marked to the rule text that appears in the electronic manual of Nasdaq found at https://www.complinet.com/nasdaq. 2 17 317 CFR 200.30–3(a)(12). VerDate Nov<24>2008 13:44 Mar 16, 2009 Jkt 217001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 11389 (1)–(4) No Change. (5) ‘‘WAIT’’ shall mean for orders so designated, that upon entry into the System, the order is held for one second without processing for potential display and/or execution. After one second, the order is processed for potential display and/or execution in accordance with all order entry instructions as determined by the entering party. (h) No Change. * * * * * Sec. 6. Acceptance of Quotes and Orders All bids or offers made and accepted on NOM in accordance with the NOM Rules shall constitute binding contracts, subject to applicable requirements of the Rules of the Exchange and the Rules of the Clearing Corporation. (a) General—A System order is an order that is entered into the System for display and/or execution as appropriate. Such orders are executable against marketable contra-side orders in the System. (1) All System Orders shall indicate limit price and whether they are a call or put and buy or sell. Systems Orders can be designated as Immediate or Cancel (‘‘IOC’’), Good-till-Cancelled (‘‘GTC’’), Day (‘‘DAY’’), [or] WAIT or Expire Time (‘‘EXPR’’). (2) No change. (b) 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 III below, and is set forth in Sections A, B, and C below. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On February 19, 2009, the Securities Exchange Commission approved Nasdaq’s proposal to reduce the Order Exposure requirement set forth at Chapter VII, Section 12 of the NOM Rules from three seconds to one second.6 Chapter VII, Section 12 prohibits Options Participants from executing as principal orders they 6 See Exchange Act Release No. 59421 (Feb. 19, 2009) (accelerated approval of SR–Nasdaq–2009– 005). E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11387-11389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5715]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59549; File No. SR-NASDAQ-2009-021]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by the NASDAQ Stock Market LLC 
Regarding a Clerical Change to Nasdaq Rules

March 10, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on March 4, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed 
with the Securities and Exchange Commission (the ``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by Nasdaq. Nasdaq proposes to

[[Page 11388]]

make a clerical correction to the Nasdaq rulebook under Rule 19b-
4(f)(3) under the Act,\3\ which renders the proposal effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Nasdaq proposes to make clerical corrections to Nasdaq Rule 7050. 
Nasdaq proposes to implement the proposed rule change immediately.
    The text of the proposed rule change is available on Nasdaq's Web 
site (https://www.complinet.com/nasdaq), at Nasdaq's principal office, 
and at the Commission's Public Reference Room.
    The text of the proposed rule change is below. Proposed new 
language is underlined; proposed deletions are in [brackets].\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rules of The NASDAQ Stock Market 
LLC as set forth in SR-NASDAQ-2009-008. The proposed changes will be 
reflected in the NASDAQ Online manual found at https://
nasdaq.complinet.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 charge 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         No fee.
 options on QQQQ, SPY, DIA, IWM, AAPL BAC,
 C, GS, JPM, RIMM, XLE, XLF, and XOM with
 an account type ``Customer'' that executes
 and remove liquidity entered by another
 member.
Credit to member providing liquidity         $0.30 per executed
 through the NASDAQ Options Market.           contract.
Credit to member providing liquidity using   $0.35 per executed
 price-improving orders through the NASDAQ    contract.
 Options Market.
 

    (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, the self-regulatory organization 
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 those statements may be examined at 
the places specified in Item IV below and is set forth in sections A, 
B, and C below.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq proposes to make clerical corrections to Nasdaq Rule 7050. 
Nasdaq proposes to modify the prefatory language of Rule 7050 to 
eliminate the phrases ``by members'' and ``that it trades'' to reflect 
the fact that Rule 7050 contains fees applicable to non-members and to 
options that Nasdaq routes but does not trade. These changes had 
previously been proposed by Nasdaq, but were not reflected in 
subsequent Nasdaq filings.\5\
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 58298, 73 FR 46695 (Aug. 11, 
2008) (SR-NASDAQ-2008-055); Exchange Act Release No. 58081, 73 FR 
39755 (July 10, 2008) (SR-NASDAQ-2008-058).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\6\ in general, and with Section 
6(b)(5) of the Act,\7\ in particular, in that the proposal is designed 
to prevent fraudulent and manipulative acts and practices, to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest. The proposed rule change 
makes a minor clerical change to an existing Nasdaq rule.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result 
in any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(3) 
thereunder,\9\ Nasdaq has designated this proposal as one that is 
concerned solely with the administration of the self-regulatory 
organization. Accordingly, Nasdaq believes that its proposal should 
become immediately effective.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    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

[[Page 11389]]

Number SR-NASDAQ-2009-021 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-2009-021. 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 will also be available for 
inspection and copying at the principal office of the self-regulatory 
organization. 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-2009-021 and should be submitted on or before April 7, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-5715 Filed 3-16-09; 8:45 am]
BILLING CODE 8011-01-P
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