Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify NASDAQ's Order Routing Rule, 6077-6079 [2010-2501]
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Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
proposed rule change (SR–NASDAQ–
2009–077) be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.75
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–2500 Filed 2–4–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61460; File No. SR–
NASDAQ–2010–018]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify
NASDAQ’s Order Routing Rule
February 1, 2010.
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
29, 2010, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by Nasdaq. Nasdaq has
designated the proposed rule change as
constituting a 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.
srobinson on DSKHWCL6B1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing this proposed
rule change to amend Rule 4758 to
describe available routing options in
greater detail, to modify an existing
routing option, and to add a new routing
option. NASDAQ proposes to
implement the rule change on February
1, 2010. The text of the proposed rule
change is available at https://
nasdaq.cchwallstreet.com/, at the
Exchange’s principal office, and at the
Commission’s Public Reference Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
16:26 Feb 04, 2010
In its filing with the Commission, the
Exchange 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. The
Exchange 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 amending Rule 4758,
which describes its order routing
processes, to describe existing order
routing options with greater specificity,
to modify an existing routing option,
and to add a new routing option.
Currently, routing options available
through NASDAQ are all variations of
three main routing options, known as
DOT, STGY, and SCAN. Although the
rule language for these routing options
describes the available variations of the
main options in general terms,
NASDAQ believes that understanding of
these options would be enhanced by
describing the different versions as
separately named routing options.
NASDAQ is also amending Rule 4758 to
include a definition of ‘‘System routing
table,’’ defined as the proprietary
process for determining the specific
trading venues to which the NASDAQ
System routes orders and the order in
which it routes them. The definition
reflects the fact that NASDAQ, like
other trading venues, maintains
different routing tables for different
routing options and modifies them on a
regular basis to reflect assessments
about the destination markets. Such
assessments consider factors such as a
destination’s latency, fill rates,
reliability, and cost. Accordingly, the
definition specifies that NASDAQ
reserves the right to maintain a different
routing table for different routing
options and to modify routing tables at
any time without notice.4 All routing
4 At present, all System routing tables include
NASDAQ’s affiliate, NASDAQ OMX BX (‘‘BX’’).
Thus, all routed orders have the opportunity to
route to this venue, with the exception of DOT
orders routed directly to the NYSE or NYSE Amex
opening or closing processes and directed orders
that are directed to route to venues other than BX.
75 17
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II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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6077
complies with the requirements of Rule
611 of Regulation NMS.
• DOT is a routing option for orders
that the entering firm wishes to
designate for participation in the NYSE
or NYSE Amex opening or closing
processes. DOT orders do not check the
NASDAQ book prior to routing directly
to NYSE or NYSE Amex. After
attempting to execute at NYSE or NYSE
Amex, DOT orders thereafter check the
NASDAQ book for available shares and
are then converted into SCAN or STGY
orders, depending on the designation of
the entering firm. If a DOT order
designated to participate in the opening
process is entered after 9:30 a.m.,
moreover, it will be converted into a
SCAN or STGY order, depending on the
designation of the entering firm.
• DOTI is a routing option under
which orders check the NASDAQ book
and destinations on the DOTI System
routing table and then are sent to NYSE
or NYSE Amex. Such orders do not
return to the NASDAQ book if they are
not executed, but rather remain on the
NYSE or NYSE Amex book until
executed, cancelled, or expired.
• STGY is a routing option under
which orders check the NASDAQ book,
check destinations on the STGY System
routing table, and then return to the
NASDAQ book. After returning to the
NASDAQ book, a STGY order will
subsequently route out to another
market center if it posts a bid or offer
that locks or crosses the STGY order.
• SKNY is a form of STGY in which
the entering party instructs the System
to bypass any market centers included
in the STGY System routing table that
are not posting Protected Quotations
within the meaning of Regulation NMS.
• SCAN is a routing option under
which orders check the NASDAQ book,
check destinations on the SCAN System
routing table, and then return to the
NASDAQ book. After returning to the
NASDAQ book, a SCAN order will not
subsequently route out to another
market center if it posts a bid or offer
that locks or crosses the SCAN order.
• SKIP is a form of SCAN in which
the entering party instructs the System
to bypass any market centers included
in the SCAN System routing table that
are not posting Protected Quotations
within the meaning of Regulation NMS.
• TFTY is a routing option that was
formerly comprised within the
definition of SCAN. TFTY orders
currently do not check the NASDAQ
book for available shares prior to routing
to destinations on the TFTY System
routing table. Thereafter, they return to
the NASDAQ book and, like SCAN
orders, do not route out again. TFTY is
being modified by this proposed rule
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6078
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
change to provide users the option of
checking the NASDAQ book prior to
routing out.
• MOPP is a routing option formerly
comprised within the definition of
SCAN. MOPP orders route only to
Protected Quotes, including the
NASDAQ Market Center, but only for
displayed size. If shares remain unexecuted after routing, they are posted
to the NASDAQ book and do not route
out again.
• Directed Orders, as described in
Rule 4751, are orders that are directed
to an exchange other than NASDAQ as
requested by the entering party without
checking the NASDAQ book. Directed
Orders must have a time-in-force of
Immediate or Cancel and therefore do
not post on the book of the market to
which they route, nor do they return
and post on NASDAQ.
• NASDAQ is introducing the new
SAVE routing option, under which a
market participant may specify that an
order will either (i) route to BX, check
the NASDAQ book, and then route to
other venues on the SAVE System
routing table, or (ii) check the NASDAQ
book first and then route to destinations
on the SAVE System routing table.
Under the second option, the applicable
routing table includes BX, and as is the
case with all market destinations, the
placement of BX on the routing table
depends on NASDAQ’s ongoing
assessments of factors such as latency,
fill rates, reliability, and cost. If shares
remain un-executed after routing, they
are posted to the NASDAQ book and do
not route out again.
NASDAQ is also removing specific
references to order types and times-inforce in the routing rule with a general
statement that routing options may be
combined with all available order types
and times-in-force, with the exception
of order types and times-in-force whose
terms are inconsistent with the terms of
a particular routing option. Thus, for
example, a good-till-cancelled order
could not be combined with the DOT
routing option, since a DOT-routed
order is intended to execute in another
market’s opening or closing process on
a particular day. Finally, NASDAQ is
removing obsolete language that had
been added to Rule 4758 last year to
reflect a commitment to distinguish
‘‘flash’’ orders from NASDAQ’s
protected quote. NASDAQ discontinued
the use of flash orders shortly after it
introduced them.5
5 Securities Exchange Act Release No. 60570
(August 26, 2009), 74 FR 45505 (September 2, 2009)
(SR–NASDAQ–2009–079).
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16:26 Feb 04, 2010
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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 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 change to
introduce the SAVE routing option and
modify the TFTY routing option will
provide market participants with greater
flexibility in routing orders to low cost
trading venues, including BX and other
venues with low execution fees that are
included on the System routing tables.
The other modifications to Rule 4758
will enhance the clarity of the rule.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
6 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. Nasdaq has satisfied this requirement.
7 15
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A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6) 11
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. Nasdaq requests that the
Commission waive the 30-day operative
delay NASDAQ requests this waiver
because it currently has the
technological changes ready to support
the proposed rule change, and believes
that the benefits of greater flexibility
and increased clarity that are expected
from the rule change should not be
delayed. The Commission believes that
waiving the 30-day operative delay 12 is
consistent with the protection of
investors and the public interest and
designates the proposal operative upon
filing.
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–2010–018 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–2010–018. 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
10 17
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6).
12 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
11 17
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Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Notices
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 publicly available. All
submissions should refer to File
Number SR–NASDAQ–2010–018 and
should be submitted on or before
February 26, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–2501 Filed 2–4–10; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[PUBLIC NOTICE 6894]
Culturally Significant Objects Imported
for Exhibition
Determinations: ‘‘Compass and Rule:
Architecture as Mathematical Practice
in England, 1500–1750’’
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘Compass
and Rule: Architecture as Mathematical
srobinson on DSKHWCL6B1PROD with NOTICES
13 17
VerDate Nov<24>2008
17:58 Feb 04, 2010
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CFR 200.30–3(a)(12).
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6079
Practice in England, 1500–1750,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at the Yale
Center for British Art, New Haven,
Connecticut, from on or about February
18, 2010, until on or about May 30,
2010, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these Determinations be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6469). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
Dated: February 1, 2010.
Maura M. Pally,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2010–2551 Filed 2–4–10; 8:45 am]
BILLING CODE 4710–05–P
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05FEN1
]]>Agencies
[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6077-6079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2501]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61460; File No. SR-NASDAQ-2010-018]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ's Order Routing Rule
February 1, 2010.
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 29, 2010, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Nasdaq. Nasdaq has
designated the proposed rule change as constituting a 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 Substance
of the Proposed Rule Change
The Exchange is filing this proposed rule change to amend Rule 4758
to describe available routing options in greater detail, to modify an
existing routing option, and to add a new routing option. NASDAQ
proposes to implement the rule change on February 1, 2010. The text of
the proposed rule change is available at https://nasdaq.cchwallstreet.com/, at the Exchange's principal office, 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, the Exchange 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. The Exchange 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 amending Rule 4758, which describes its order routing
processes, to describe existing order routing options with greater
specificity, to modify an existing routing option, and to add a new
routing option. Currently, routing options available through NASDAQ are
all variations of three main routing options, known as DOT, STGY, and
SCAN. Although the rule language for these routing options describes
the available variations of the main options in general terms, NASDAQ
believes that understanding of these options would be enhanced by
describing the different versions as separately named routing options.
NASDAQ is also amending Rule 4758 to include a definition of ``System
routing table,'' defined as the proprietary process for determining the
specific trading venues to which the NASDAQ System routes orders and
the order in which it routes them. The definition reflects the fact
that NASDAQ, like other trading venues, maintains different routing
tables for different routing options and modifies them on a regular
basis to reflect assessments about the destination markets. Such
assessments consider factors such as a destination's latency, fill
rates, reliability, and cost. Accordingly, the definition specifies
that NASDAQ reserves the right to maintain a different routing table
for different routing options and to modify routing tables at any time
without notice.\4\ All routing complies with the requirements of Rule
611 of Regulation NMS.
---------------------------------------------------------------------------
\4\ At present, all System routing tables include NASDAQ's
affiliate, NASDAQ OMX BX (``BX''). Thus, all routed orders have the
opportunity to route to this venue, with the exception of DOT orders
routed directly to the NYSE or NYSE Amex opening or closing
processes and directed orders that are directed to route to venues
other than BX.
---------------------------------------------------------------------------
DOT is a routing option for orders that the entering firm
wishes to designate for participation in the NYSE or NYSE Amex opening
or closing processes. DOT orders do not check the NASDAQ book prior to
routing directly to NYSE or NYSE Amex. After attempting to execute at
NYSE or NYSE Amex, DOT orders thereafter check the NASDAQ book for
available shares and are then converted into SCAN or STGY orders,
depending on the designation of the entering firm. If a DOT order
designated to participate in the opening process is entered after 9:30
a.m., moreover, it will be converted into a SCAN or STGY order,
depending on the designation of the entering firm.
DOTI is a routing option under which orders check the
NASDAQ book and destinations on the DOTI System routing table and then
are sent to NYSE or NYSE Amex. Such orders do not return to the NASDAQ
book if they are not executed, but rather remain on the NYSE or NYSE
Amex book until executed, cancelled, or expired.
STGY is a routing option under which orders check the
NASDAQ book, check destinations on the STGY System routing table, and
then return to the NASDAQ book. After returning to the NASDAQ book, a
STGY order will subsequently route out to another market center if it
posts a bid or offer that locks or crosses the STGY order.
SKNY is a form of STGY in which the entering party
instructs the System to bypass any market centers included in the STGY
System routing table that are not posting Protected Quotations within
the meaning of Regulation NMS.
SCAN is a routing option under which orders check the
NASDAQ book, check destinations on the SCAN System routing table, and
then return to the NASDAQ book. After returning to the NASDAQ book, a
SCAN order will not subsequently route out to another market center if
it posts a bid or offer that locks or crosses the SCAN order.
SKIP is a form of SCAN in which the entering party
instructs the System to bypass any market centers included in the SCAN
System routing table that are not posting Protected Quotations within
the meaning of Regulation NMS.
TFTY is a routing option that was formerly comprised
within the definition of SCAN. TFTY orders currently do not check the
NASDAQ book for available shares prior to routing to destinations on
the TFTY System routing table. Thereafter, they return to the NASDAQ
book and, like SCAN orders, do not route out again. TFTY is being
modified by this proposed rule
[[Page 6078]]
change to provide users the option of checking the NASDAQ book prior to
routing out.
MOPP is a routing option formerly comprised within the
definition of SCAN. MOPP orders route only to Protected Quotes,
including the NASDAQ Market Center, but only for displayed size. If
shares remain un-executed after routing, they are posted to the NASDAQ
book and do not route out again.
Directed Orders, as described in Rule 4751, are orders
that are directed to an exchange other than NASDAQ as requested by the
entering party without checking the NASDAQ book. Directed Orders must
have a time-in-force of Immediate or Cancel and therefore do not post
on the book of the market to which they route, nor do they return and
post on NASDAQ.
NASDAQ is introducing the new SAVE routing option, under
which a market participant may specify that an order will either (i)
route to BX, check the NASDAQ book, and then route to other venues on
the SAVE System routing table, or (ii) check the NASDAQ book first and
then route to destinations on the SAVE System routing table. Under the
second option, the applicable routing table includes BX, and as is the
case with all market destinations, the placement of BX on the routing
table depends on NASDAQ's ongoing assessments of factors such as
latency, fill rates, reliability, and cost. If shares remain un-
executed after routing, they are posted to the NASDAQ book and do not
route out again.
NASDAQ is also removing specific references to order types and
times-in-force in the routing rule with a general statement that
routing options may be combined with all available order types and
times-in-force, with the exception of order types and times-in-force
whose terms are inconsistent with the terms of a particular routing
option. Thus, for example, a good-till-cancelled order could not be
combined with the DOT routing option, since a DOT-routed order is
intended to execute in another market's opening or closing process on a
particular day. Finally, NASDAQ is removing obsolete language that had
been added to Rule 4758 last year to reflect a commitment to
distinguish ``flash'' orders from NASDAQ's protected quote. NASDAQ
discontinued the use of flash orders shortly after it introduced
them.\5\
---------------------------------------------------------------------------
\5\ Securities Exchange Act Release No. 60570 (August 26, 2009),
74 FR 45505 (September 2, 2009) (SR-NASDAQ-2009-079).
---------------------------------------------------------------------------
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 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
change to introduce the SAVE routing option and modify the TFTY routing
option will provide market participants with greater flexibility in
routing orders to low cost trading venues, including BX and other
venues with low execution fees that are included on the System routing
tables. The other modifications to Rule 4758 will enhance the clarity
of the rule.
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\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
Nasdaq has satisfied this requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \11\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. Nasdaq requests that
the Commission waive the 30-day operative delay NASDAQ requests this
waiver because it currently has the technological changes ready to
support the proposed rule change, and believes that the benefits of
greater flexibility and increased clarity that are expected from the
rule change should not be delayed. The Commission believes that waiving
the 30-day operative delay \12\ is consistent with the protection of
investors and the public interest and designates the proposal operative
upon filing.
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\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6).
\12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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-2010-018 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-2010-018. 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
[[Page 6079]]
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 publicly available. All submissions
should refer to File Number SR-NASDAQ-2010-018 and should be submitted
on or before February 26, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2501 Filed 2-4-10; 8:45 am]
BILLING CODE 8011-01-P
