Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Provide an Additional Option to the DOTI Routing Strategy, 12592-12594 [2010-5661]
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12592
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Notices
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 Act8 and Rule 19b–
4(f)(6) thereunder.9
A proposed rule change filed under
Rule 19b–4(f)(6) 10 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),11 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing.
The Commission has determined that
waiving the 30-day operative delay of
the Exchange’s proposal is consistent
with the protection of investors and the
public interest because such waiver will
allow these changes to be implemented
as of the date of filing of the proposed
rule change with the Commission,
thereby minimizing any potential
confusion.12 Therefore, the Commission
designates the proposal as 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:
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–2010–033. 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 web site viewing and
printing in the Commission’s Public
Reference Room. Copies of the filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2010–033 and should be
submitted on or before April 6, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–5660 Filed 3–15–10; 8:45 am]
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
sroberts on DSKD5P82C1PROD with NOTICES
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2010–033 on the
subject line.
BILLING CODE 8011–01–P
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
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).
9 17
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61682; File No. SR–
NASDAQ–2010–030]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Provide
an Additional Option to the DOTI
Routing Strategy
March 10, 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 March 1,
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, II, and III below, which Items
have been prepared by the Exchange.
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 amend Rule
4758 to add an additional option to the
DOTI routing strategy available in the
NASDAQ Market Center (‘‘System’’). The
text of the proposed rule change is
below. Proposed new language is in
italics and proposed deletions are in
brackets.3
*
*
*
*
*
4758. Order Routing
(a) Order Routing Process
(1) The Order Routing Process shall be
available to Participants from 7 a.m.
until 8 p.m. Eastern Time, and shall
route orders as described below. All
routing of orders shall comply with Rule
611 of Regulation NMS under the
Exchange Act.
(A) No Change.
(i) No Change.
(ii) a. DOTI is a routing option for
orders that the entering firm wishes to
direct to the NYSE or NYSE Amex
without returning to the Nasdaq Market
Center. DOTI orders check the System
for available shares and then are sent to
destinations on the System routing table
before being sent to NYSE or NYSE
Amex, as appropriate. DOTI orders do
not return to the Nasdaq Market Center
book after routing.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b-4.
3 Changes are marked to the rules of The
NASDAQ Stock Market LLC found at https://
nasdaqomx.cchwallstreet.com.
2 17
13 17
PO 00000
CFR 200.30–3(a)(12). [sic]
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Fmt 4703
Sfmt 4703
E:\FR\FM\16MRN1.SGM
16MRN1
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Notices
b. The entering firm may alternatively
elect to have DOTI orders check the
System for available shares and
thereafter be directly sent to NYSE or
NYSE Amex as appropriate.
(iii) through (viii) No Change.
(B) No Change.
(b) and (c) Not applicable.
*
*
*
*
*
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.
NASDAQ is amending Rule 4758, to
add an additional voluntary option to
the DOTI routing strategy. Currently,
DOTI orders check the System for
available shares and then are sent to
destinations on the System routing table
before being sent to NYSE or NYSE
Amex, as appropriate. DOTI orders do
not return to the NASDAQ Market
Center book after routing.
NASDAQ is proposing to provide an
additional alternative version of DOTI
that will first check the System for
available shares and thereafter be
immediately sent to NYSE or NYSE
Amex as appropriate. NASDAQ notes
that all of its routing options are
voluntary and believes that the
additional version of DOTI will provide
additional flexibility for market
participants that ultimately wish to have
their orders be sent to the NYSE or
NYSE Amex.
sroberts on DSKD5P82C1PROD with NOTICES
2. Statutory Basis
NASDAQ believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,4 in
general, and with Sections 6(b)(5) of the
Act,5 in particular, in that the proposal
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
U.S.C. 78f.
U.S.C. 78f(b)(5).
VerDate Nov<24>2008
16:33 Mar 15, 2010
Jkt 220001
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
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
1. Purpose
5 15
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Written comments were neither
solicited nor received.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
4 15
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
will provide market participants with
greater flexibility in routing orders to
the NYSE or NYSE Amex.
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 6 and Rule
19b–4(f)(6) thereunder.7 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.8
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,
6 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
8 In addition, Rule 19b–4(f)(6)(iii) requires the
self-regulatory organization to give the Commission
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 of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
7 17
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
12593
or otherwise in furtherance of the
purposes of the Act.9
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–2010–030 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–2010–030. 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,10 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 Web site viewing and
printing in the Commission’s Public
Reference Room, on official business
days between the hours of 10 a.m. and
3 p.m. Copies of the filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2010–030 and
9 15
U.S.C. 78s(b)(3)(C).
text of the proposed rule change is
available on the Commission’s Web site at https://
www.sec.gov/rules/sro.shtml.
10 The
E:\FR\FM\16MRN1.SGM
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12594
Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Notices
should be submitted on or before April
6, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–5661 Filed 3–15–10; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35095]
Alaska Railroad Corporation—
Construction and Operation
Exemption—A Rail Line Extension to
Port Mackenzie, AK
AGENCY:
Surface Transportation Board,
DOT.
sroberts on DSKD5P82C1PROD with NOTICES
ACTION: Notice of Availability of Draft
Environmental Impact Statement,
Notice of Public Meetings.
SUMMARY: On December 5, 2008, Alaska
Railroad Corporation (ARRC) filed a
petition with the Surface Transportation
Board (Board) pursuant to 49 United
States Code (U.S.C.) 10502 and 10901
for the authority to construct and
operate approximately 30 to 45 miles of
new rail line. The proposed rail line
would connect the Port MacKenzie
District in Matanuska-Susitna Borough
(MSB) to a point on the existing ARRC
main line between Wasilla and just
north of Willow, Alaska.
Implementation of the proposed rail line
would extend ARRC’s existing freight
rail service to the Port MacKenzie area,
and would include construction of
related structures, such as
communications towers and sidings.
Because construction and operation of
this proposed rail line has the potential
to result in significant environmental
impacts, the Board’s Section of
Environmental Analysis (SEA) and three
cooperating agencies prepared a Draft
Environmental Impact Statement (Draft
EIS). The cooperating agencies include
the U.S. Army Corps of Engineers,
Alaska District; Federal Railroad
Administration; and U.S. Coast Guard,
Seventeenth District.
The purpose of this Notice of
Availability is to notify individuals and
agencies interested in or affected by the
proposed action of the availability of the
Draft EIS for review and comment, and
of public meetings on the Draft EIS. The
Draft EIS analyzes the potential
environmental impacts of the proposed
11 17
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
16:33 Mar 15, 2010
Jkt 220001
action and alternatives, including the
no-action alternative. The Draft EIS
addresses environmental issues and
concerns identified during the scoping
process. It also contains SEA’s
preliminary recommendations for
environmental mitigation measures, and
ARRC’s voluntary mitigation measures.
Public Meetings: SEA and the
cooperating agencies are holding six
public meetings on the Draft EIS during
which interested parties may make oral
comments in a formal setting and/or
submit written comments. SEA will
begin each meeting with a brief
overview of the proposed action and
environmental review process. The
overview will be followed by a formal
comment period during which each
interested individual will be given
several minutes to address the meeting
participants and convey his or her oral
comments. A court reporter will be
present to record these oral comments.
If time permits, the court reporter will
be available at the conclusion of the
formal segment of the meeting to record
oral comments from individuals not
interested in addressing the meeting as
a whole. The dates, locations and times
of the public meetings are shown below:
• April 6, 2010, 6:30–8:30 p.m. at
Wilda Marston Theater, 3600 Denali
Street, Anchorage, AK.
• April 7, 2010, 6:30–8:30 p.m. at Big
Lake Elementary School, 3808 South Big
Lake Road, Big Lake, AK.
• April 8, 2010, 6:30–8:30 p.m. at
Menard Sports Center, 1001 S Mack
Drive, Wasilla, AK.
• April 12, 2010, 6:30–8:30 p.m. at
Houston Middle School, 12801 W.
Hawk Lane, Houston, AK.
• April 13, 2010, 6:30–8:30 p.m., at
Willow Community Center, Mile 70
Parks Highway, Willow, AK.
• April 14, 2010, 6:30–8:30 p.m. at
Knik Elementary School Gym, 6350
Hollywood Boulevard, Wasilla, AK.
Next Steps: Following the close of the
comment period on the Draft EIS (May
10, 2010), SEA and the cooperating
agencies will issue a Final
Environmental Impact Statement (Final
EIS) that considers comments on the
Draft EIS. The Board will then issue a
final decision based on the Draft and
Final EISs and all public and agency
comments in the public record for this
proceeding. The final decision will
address the transportation merits of the
proposed project and the entire
environmental record. That final
decision will take one of three actions:
approve the proposed project, deny it,
or approve it with mitigation
conditions, including environmental
conditions.
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
Written Comments: Any interested
party may submit written comments on
the Draft EIS regardless of whether they
participate in any of the six public
meetings and provide oral comments.
The procedures for submitting written
comments are outlined below:
Mail: Written comments should be
mailed to: David Navecky, STB Finance
Docket No. 35095, Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423.
Electronically: Written comments on
the Draft EIS may also be filed
electronically on the Board’s Web site,
https://www.stb.dot.gov, by clicking on
the ‘‘E-FILING’’ link. Then select
‘‘Environmental Comments,’’ which does
not require a Login Account. It is not
necessary to mail written comments that
have been filed electronically.
DATES: Written comments on the Draft
EIS, which was served March 16, 2010,
must be postmarked by May 10, 2010.
Electronically filed comments must be
received by May 10, 2010.
FOR FURTHER INFORMATION CONTACT:
David Navecky by mail at the address
above, by telephone at 202–245–0294
[FIRS for the hearing impaired (1–800–
877–8339)], or by e-mail at
naveckyd@stb.dot.gov. Further
information about the project is also
available by calling SEA’s toll-free
number at 1–888–257–7560, and at the
Board’s project-specific Web site at
https://www.stbportmacraileis.com.
By the Board.
Victoria Rutson,
Chief, Section of Environmental Analysis.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010–5565 Filed 3–15–10; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 321X)]
Norfolk Southern Railway Company—
Discontinuance of Service Exemption
in Hamilton County, OH
On February 24, 2010, Norfolk
Southern Railway Company (NSR) filed
with the Surface Transportation Board a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10903 to discontinue service over
5.70 miles of railroad between milepost
CT 2.10 and milepost CT 7.80, in
Hamilton County, OH. The line
traverses United States Postal Service
Zip Codes 45209, 45212, 45227, and
45229, and includes the stations of
Hyde Park and Mariemont.
E:\FR\FM\16MRN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 50 (Tuesday, March 16, 2010)]
[Notices]
[Pages 12592-12594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5661]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61682; File No. SR-NASDAQ-2010-030]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Provide an Additional Option to the DOTI Routing Strategy
March 10, 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 March 1, 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, II,
and III below, which Items have been prepared by the Exchange. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NASDAQ proposes to amend Rule 4758 to add an additional option to
the DOTI routing strategy available in the NASDAQ Market Center
(``System''). The text of the proposed rule change is below. Proposed
new language is in italics and proposed deletions are in brackets.\3\
---------------------------------------------------------------------------
\3\ Changes are marked to the rules of The NASDAQ Stock Market
LLC found at https://nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------
* * * * *
4758. Order Routing
(a) Order Routing Process
(1) The Order Routing Process shall be available to Participants
from 7 a.m. until 8 p.m. Eastern Time, and shall route orders as
described below. All routing of orders shall comply with Rule 611 of
Regulation NMS under the Exchange Act.
(A) No Change.
(i) No Change.
(ii) a. DOTI is a routing option for orders that the entering firm
wishes to direct to the NYSE or NYSE Amex without returning to the
Nasdaq Market Center. DOTI orders check the System for available shares
and then are sent to destinations on the System routing table before
being sent to NYSE or NYSE Amex, as appropriate. DOTI orders do not
return to the Nasdaq Market Center book after routing.
[[Page 12593]]
b. The entering firm may alternatively elect to have DOTI orders
check the System for available shares and thereafter be directly sent
to NYSE or NYSE Amex as appropriate.
(iii) through (viii) No Change.
(B) No Change.
(b) and (c) Not applicable.
* * * * *
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 amending Rule 4758, to add an additional voluntary option
to the DOTI routing strategy. Currently, DOTI orders check the System
for available shares and then are sent to destinations on the System
routing table before being sent to NYSE or NYSE Amex, as appropriate.
DOTI orders do not return to the NASDAQ Market Center book after
routing.
NASDAQ is proposing to provide an additional alternative version of
DOTI that will first check the System for available shares and
thereafter be immediately sent to NYSE or NYSE Amex as appropriate.
NASDAQ notes that all of its routing options are voluntary and believes
that the additional version of DOTI will provide additional flexibility
for market participants that ultimately wish to have their orders be
sent to the NYSE or NYSE Amex.
2. Statutory Basis
NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(5) of the Act,\5\ 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 will provide market participants with greater flexibility in
routing orders to the NYSE or NYSE Amex.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 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
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\8\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(f)(6).
\8\ In addition, Rule 19b-4(f)(6)(iii) requires the self-
regulatory organization to give the Commission 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 of the proposed rule change, or such shorter
time as designated by the Commission. The Exchange has satisfied
this requirement.
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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-2010-030 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-2010-030. 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,\10\ 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 Web site viewing and printing in the Commission's Public
Reference Room, on official business days between the hours of 10 a.m.
and 3 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2010-030 and
[[Page 12594]]
should be submitted on or before April 6, 2010.
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\10\ The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov/rules/sro.shtml.
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. 2010-5661 Filed 3-15-10; 8:45 am]
BILLING CODE 8011-01-P
