Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to the Nasdaq Rule 4000 and 5000 Series To Correct Certain Citations to Renumbered Rules, 64772-64774 [E9-29129]
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64772
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
market dominant rates are scheduled to
become effective on January 4, 2010. Id.
The Postal Service urges the
Commission to act promptly to add this
product to the Market Dominant
Product List to allow rates to be
implemented under 39 CFR 3010.40. Id.
at 9.
Pursuant to 39 U.S.C. 3622 and 3642,
the Commission establishes Docket Nos.
MC2010–12 and R2010–2 for
consideration of the Request pertaining
to the proposed Canada Post—United
States Postal Service Contractual
Bilateral Agreement product and the
related Bilateral Agreement,
respectively. In keeping with practice,
these dockets are addressed on a
consolidated basis for purposes of this
order; however, future filings should be
made in the specific docket in which
issues being addressed pertain.
Interested persons may submit
comments on whether the Postal
Service’s filings in the captioned
dockets are consistent with the policies
of 39 U.S.C. 3622 and 3642, 39 CFR part
3010.40, and 39 CFR 3020 subpart B.
The due date for comments is December
9, 2009. The public portions of these
filings can be accessed via the
Commission’s Web site https://
www.prc.gov.
The Commission appoints Paul L.
Harrington to serve as Public
Representative in these dockets.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. MC2010–12 and R2010–2 for
consideration of the matters raised in
each docket.
2. Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as
officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
3. Comments by interested persons in
these proceedings are due no later than
December 9, 2009.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9–29224 Filed 12–7–09; 8:45 am]
BILLING CODE 7710–FW–S
15:16 Dec 07, 2009
[Disaster Declaration #11941 and #11942]
North Carolina Disaster # NC–00022
AGENCY: U.S. Small Business
Administration .
ACTION: Notice.
This is a notice of an
Administrative declaration of a disaster
for the State of North Carolina dated 12/
02/2009.
Incident: Severe Nor’easter coupled
with the remnants of Hurricane Ida.
Incident Period: 11/10/2009 through
11/15/2009.
Effective Date: 12/02/2009.
Physical Loan Application Deadline
Date: 02/01/2010.
Economic Injury (EIDL) Loan
Application Deadline Date: 09/02/2010.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Dare.
Contiguous Counties:
North Carolina: Currituck, Hyde,
Tyrrell.
The Interest Rates are:
Jkt 220001
Percent
For Physical Damage:
Homeowners With Credit
Available Elsewhere ............
Homeowners Without Credit
Available Elsewhere ............
Businesses With Credit Available Elsewhere ....................
Businesses Without Credit
Available Elsewhere ............
Non-Profit Organizations With
Credit Available Elsewhere
Non-Profit Organizations Without Credit Available Elsewhere ...................................
For Economic Injury:
Businesses And Small Agricultural Cooperatives Without
Credit Available Elsewhere
Non-Profit Organizations Without Credit Available Elsewhere ...................................
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The number assigned to this disaster
for physical damage is 11941 6 and for
economic injury is 11942 0.
The State which received an EIDL
Declaration # is North Carolina.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
SUMMARY:
II. Notice of Filings
VerDate Nov<24>2008
SMALL BUSINESS ADMINISTRATION
5.125
2.562
6.000
Dated: December 2, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9–29206 Filed 12–7–09; 8:45 am]
BILLING CODE 8025–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61085; File No. SR–
NASDAQ–2009–101]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change to the
Nasdaq Rule 4000 and 5000 Series To
Correct Certain Citations to
Renumbered Rules
December 1, 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 November
23, 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
designated the proposed rule change as
constituting a non-controversial rule
change under Rule 19b–4(f)(6) 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 the Substance
of the Proposed Rule Change
Nasdaq proposes to correct certain
citations in the Rule 4000 and 5000
Series that currently cite to rules that
3.625
have been renumbered.
The text of the proposed rule change
3.000 is available at https://
nasdaqomx.cchwallstreet.com/, at
NASDAQ’s principal office, and at the
Commission’s Public Reference Room.
4.000
4.000
1 15
3.000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
E:\FR\FM\08DEN1.SGM
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
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 proposing to update rule
cross-references found in the Rule 4000
and 5000 Series, which are no longer
accurate due to renumbering of the cited
rules. On March 12, 2009, Nasdaq filed
a proposed rule change to revise the
rules relating to the qualification,
listing, and delisting of companies listed
on, or applying to list on, Nasdaq to
improve the organization of the rules,
eliminate redundancies and simplify the
rule language.4 These rules (the ‘‘New
Listing Rules’’) were operative April 13,
2009, and resulted in the relocation of
Nasdaq’s listing rules from the Rule
4000 Series to the Rule 5000 Series of
the Nasdaq rulebook, without changing
the substance of those rules. Nasdaq
inadvertently failed to change certain
cross-references in Rules 4120 and 7018
to reflect this move. Accordingly,
Nasdaq is proposing to update the crossreferences with accurate citations.
Nasdaq has also observed that a crossreference to a FINRA rule found in Rule
5210(h) is no longer accurate due to
FINRA renumbering prior NASD Rule
2810 as it was adopted into the FINRA
consolidated rulebook. Rule 2810 was
renumbered by FINRA to new Rule 2310
with no material changes.5 As a
consequence, Nasdaq is proposing to
update Rule 5210(h) with the correct
citation to FINRA Rule 2310.
WReier-Aviles on DSKGBLS3C1PROD 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 Sections 6(b)(5) of the
4 Securities Exchange Act Release No. 59663
(March 31, 2009), 74 FR 15552 (April 6, 2009) (SR–
NASDAQ–2009–018).
5 Securities Exchange Act Release No. 59987 (May
27, 2009), 74 FR 26902 (June 4, 2009).
6 15 U.S.C. 78f.
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
Act,7 in particular in that it is designed
to prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to 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 is consistent with
these provisions in that it will eliminate
confusion about Nasdaq rules by
updating inaccurate cross-references to
rules that have been renumbered,
without changing the substance of those
rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq does not believe that the
proposed rule change will impose any
burden on competition 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
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because 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) 8 of the Act 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. Nasdaq believes
that the proposed rule change does not
significantly affect the protection of
investors or the public interest because
it merely corrects cross-references to
rules that have been renumbered. In
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6).
Frm 00114
Fmt 4703
each instance, the cross-referenced rule
was not materially changed.
Nasdaq requests that the Commission
waive the 30-day pre-operative waiting
period contained in Exchange Act Rule
19b–4(f)(6)(iii). Nasdaq requests this
waiver so that the corrected citations
can be immediately operative,
eliminating any potential confusion
caused by the currently invalid
citations.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because it will eliminate confusion
caused by the currently invalid
citations.10 Application of the new rules
should help foster consistency in the
rulebook and promote clarity for market
participants relying upon the rulebook.
For these reasons, the Commission
designates that the proposed rule
change become immediately operative.
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–2009–101 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–2009–101. 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
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposal’s impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
7 15
PO 00000
64773
Sfmt 4703
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64774
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
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 publicly available. All
submissions should refer to File
Number SR–NASDAQ–2009–101 and
should be submitted on or before
December 29, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–29129 Filed 12–7–09; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–61083; File No. SR–FINRA–
2009–084]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of
Proposed Rule Change To Adopt
FINRA Rule 5330 (Adjustment of
Orders) in the Consolidated FINRA
Rulebook
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
December 1, 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 November
24, 2009, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) (f/k/a
National Association of Securities
Dealers, Inc. (‘‘NASD’’)) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by FINRA. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Nov<24>2008
15:16 Dec 07, 2009
Jkt 220001
FINRA is proposing to adopt NASD
Rule 3220 (Adjustment of Open Orders)
as a FINRA rule in the consolidated
FINRA rulebook with several changes
and to renumber NASD Rule 3220 as
FINRA Rule 5330 in the consolidated
FINRA rulebook.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FINRA 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. FINRA 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
SECURITIES AND EXCHANGE
COMMISSION
11 17
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
1. Purpose
As part of the process of developing
a new consolidated rulebook
(‘‘Consolidated FINRA Rulebook’’),3
FINRA is proposing to adopt NASD
Rule 3220 (Adjustment of Open Orders)
into the Consolidated FINRA Rulebook
with several changes, which are
described below.
NASD Rule 3220 sets forth the
requirements a member has regarding an
open order held by the member when
the order involves a security that is
subject to a dividend, payment, or
distribution.4 Paragraph (a) of the rule
3 The current FINRA rulebook consists of (1)
FINRA Rules; (2) NASD Rules; and (3) rules
incorporated from NYSE (‘‘Incorporated NYSE
Rules’’) (together, the NASD Rules and Incorporated
NYSE Rules are referred to as the ‘‘Transitional
Rulebook’’). While the NASD Rules generally apply
to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that
are also members of the NYSE (‘‘Dual Members’’).
The FINRA Rules apply to all FINRA members,
unless such rules have a more limited application
by their terms. For more information about the
rulebook consolidation process, see Information
Notice, March 12, 2008 (Rulebook Consolidation
Process).
4 For purposes of the rule, an ‘‘open order’’ is an
order to buy or an open stop order to sell. These
include, for example, ‘‘good ’til cancelled,’’ ‘‘limit,’’
and ‘‘stop limit’’ orders that remain in effect for a
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
sets forth how members are to adjust the
terms of open orders, depending upon
whether the dividend, payment, or
distribution is in cash, stock, combined
cash and stock, or determined by the
stockholder. Under the rule, members
are required to adjust open orders as
follows:
• In the case of a cash dividend or
distribution, the price of the open order
is reduced by the dollar amount of the
dividend or distribution and rounded
down to the next lowest minimum
quotation variation.
• In the case of a stock dividend or
split, the price of the open order is
reduced by rounding the dollar value of
the dividend distribution or split to the
next higher minimum quotation
variation and subtracting that amount
from the price of the order. The size of
the order is increased by multiplying
the size of the original order by the
numerator of the ratio of the dividend
or split, dividing the result by the
denominator of the ratio of the dividend
or split and then rounding the result to
the next lower round lot.
• In the case of a dividend payable in
either cash or securities at the option of
the stockholder, the price of the open
order is reduced by the dollar value of
the cash or securities, whichever is
greater, as determined by the formulas
described above.
If the value of a distribution cannot be
determined, paragraph (b) of the rule
prohibits members from executing or
permitting the execution of open orders
without first reconfirming the order
with the customer. Paragraph (c)
requires members to cancel all open
orders if a security is the subject of a
reverse split. The rule also includes a
list of order types to which it does not
apply and a provision addressing the
conversion of securities from fractional
pricing to decimal pricing.
The proposed rule change includes
substantive changes, as well as multiple
wording and organizational changes,
that conform much of the FINRA rule to
the analogous Nasdaq and NYSE–Arca
rules.5 The proposed rule change also
updates certain provisions of the rule
that refer to trading in fractional
amounts (as opposed to decimals).
First, the proposed rule change
provides that, after adjusting an open
order in the case of a stock dividend or
definite or indefinite period of time until executed,
cancelled, or expired. See NASD Rule 3220(d).
5 See Nasdaq Rule 4761; NYSE–Arca Rule 7.39.
Although the NYSE has a rule regarding the
adjustment of orders (NYSE Rule 118), the
Transitional Rulebook does not include the
provision. Consequently, NASD Rule 3220 is the
only FINRA rule addressing the adjustment of
orders.
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64772-64774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29129]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61085; File No. SR-NASDAQ-2009-101]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
to the Nasdaq Rule 4000 and 5000 Series To Correct Certain Citations to
Renumbered Rules
December 1, 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 November 23, 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 designated the proposed
rule change as constituting a non-controversial rule change under Rule
19b-4(f)(6) 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)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
Nasdaq proposes to correct certain citations in the Rule 4000 and
5000 Series that currently cite to rules that have been renumbered.
The text of the proposed rule change is available at https://nasdaqomx.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.
[[Page 64773]]
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 proposing to update rule cross-references found in the
Rule 4000 and 5000 Series, which are no longer accurate due to
renumbering of the cited rules. On March 12, 2009, Nasdaq filed a
proposed rule change to revise the rules relating to the qualification,
listing, and delisting of companies listed on, or applying to list on,
Nasdaq to improve the organization of the rules, eliminate redundancies
and simplify the rule language.\4\ These rules (the ``New Listing
Rules'') were operative April 13, 2009, and resulted in the relocation
of Nasdaq's listing rules from the Rule 4000 Series to the Rule 5000
Series of the Nasdaq rulebook, without changing the substance of those
rules. Nasdaq inadvertently failed to change certain cross-references
in Rules 4120 and 7018 to reflect this move. Accordingly, Nasdaq is
proposing to update the cross-references with accurate citations.
---------------------------------------------------------------------------
\4\ Securities Exchange Act Release No. 59663 (March 31, 2009),
74 FR 15552 (April 6, 2009) (SR-NASDAQ-2009-018).
---------------------------------------------------------------------------
Nasdaq has also observed that a cross-reference to a FINRA rule
found in Rule 5210(h) is no longer accurate due to FINRA renumbering
prior NASD Rule 2810 as it was adopted into the FINRA consolidated
rulebook. Rule 2810 was renumbered by FINRA to new Rule 2310 with no
material changes.\5\ As a consequence, Nasdaq is proposing to update
Rule 5210(h) with the correct citation to FINRA Rule 2310.
---------------------------------------------------------------------------
\5\ Securities Exchange Act Release No. 59987 (May 27, 2009), 74
FR 26902 (June 4, 2009).
---------------------------------------------------------------------------
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 Sections
6(b)(5) of the Act,\7\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to 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 is
consistent with these provisions in that it will eliminate confusion
about Nasdaq rules by updating inaccurate cross-references to rules
that have been renumbered, without changing the substance of those
rules.
---------------------------------------------------------------------------
\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 impose
any burden on competition 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
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because 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) \8\ of the Act 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. Nasdaq believes
that the proposed rule change does not significantly affect the
protection of investors or the public interest because it merely
corrects cross-references to rules that have been renumbered. In each
instance, the cross-referenced rule was not materially changed.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
Nasdaq requests that the Commission waive the 30-day pre-operative
waiting period contained in Exchange Act Rule 19b-4(f)(6)(iii). Nasdaq
requests this waiver so that the corrected citations can be immediately
operative, eliminating any potential confusion caused by the currently
invalid citations.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will eliminate confusion caused by the currently invalid
citations.\10\ Application of the new rules should help foster
consistency in the rulebook and promote clarity for market participants
relying upon the rulebook. For these reasons, the Commission designates
that the proposed rule change become immediately operative.
---------------------------------------------------------------------------
\10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
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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-2009-101 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-2009-101. 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
[[Page 64774]]
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 publicly available. All submissions should refer to
File Number SR-NASDAQ-2009-101 and should be submitted on or before
December 29, 2009.
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. E9-29129 Filed 12-7-09; 8:45 am]
BILLING CODE 8011-01-P
