Self-Regulatory Organizations; the NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay the Application of NASDAQ Rule 4611(d), 16224-16225 [2010-7107]

Download as PDF 16224 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices 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 such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSEAmex–2010–24 and should be submitted on or before April 21, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–7106 Filed 3–30–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION March 24, 2010. jlentini on DSKJ8SOYB1PROD with 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, 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. 1. Purpose Self-Regulatory Organizations; the NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay the Application of NASDAQ Rule 4611(d) 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 17, 2010, The NASDAQ Stock Market LLC (the ‘‘Exchange’’ or ‘‘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 the Exchange. The Exchange 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. On January 13, 2010, the Commission approved SR–NASDAQ–2008–104 which established new standards for sponsored access as set forth in NASDAQ Rule 4611(d), NASDAQ’s Market Access Rule.4 Based upon conversations with industry participants, NASDAQ believes that market participants need additional time to implement the Market Access Rule. Accordingly, NASDAQ is proposing to delay for 180 days from approval the implementation of new NASDAQ Rule 4611(d) as set forth in the NASDAQ Market Access Approval Order. 2. Statutory Basis Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,5 in general and with Section 6(b)(5) of the Act,6 in particular, in that it is designed to promote just and equitable principles of trade and to protect investors and the public interest. The proposal is consistent with these obligations because market participants require 4 Securities Exchange Act Release No. 61345 (Jan. 13, 2010) (‘‘NASDAQ Market Access Approval Order’’). 5 15 U.S.C. 78f. 6 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 19:40 Mar 30, 2010 The Exchange is filing this proposed rule change to delay the application of NASDAQ Rule 4611(d) until 180 days following its approval. 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. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change [Release No. 34–61770; File No. SR– NASDAQ–2010–039] VerDate Nov<24>2008 I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change Jkt 220001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 additional time to comply with the new market access provisions. 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, as amended. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action 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 7 and Rule 19b4(f)(6) thereunder.8 At any time within 60 days of the filing of such 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–2010–039 on the subject line. 7 15 U.S.C. 78s(b)(3)(A). 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. 8 17 E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices Mexico’s turtle excluder device (TED) program was not currently comparable • Send paper comments in triplicate to the United States program as required to Elizabeth M. Murphy, Secretary, by the statute. Withdrawal of Mexican Securities and Exchange Commission, certification is primarily a compliance 100 F Street, NE., Washington, DC and environmental issue, but it does 20549–1090. have trade implications. The United All submissions should refer to File States government is providing the Number SR–NASDAQ–2010–039. This Government of Mexico with detailed file number should be included on the technical recommendations and subject line if e-mail is used. To help the capacity-building support with a view Commission process and review your to strengthening Mexico’s sea turtle comments more efficiently, please use protection program. Both governments only one method. The Commission will will continue to actively seek further post all comments on the Commission’s engagement opportunities to ensure Internet Web site (https://www.sec.gov/ renewal of Mexican certification within rules/sro.shtml). Copies of the the shortest period of time consistent submission, all subsequent with the requirements of U.S. law. amendments, all written statements DATES: Effective Date: On publication. with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: change that are filed with the James J. Hogan, III, Office of Marine Commission, and all written Conservation, Bureau of Oceans and communications relating to the International Environmental and proposed rule change between the Commission and any person, other than Scientific Affairs, Department of State, Washington, DC 20520–7818; telephone: those that may be withheld from the (202) 647–2252. public in accordance with the SUPPLEMENTARY INFORMATION: Section provisions of 5 U.S.C. 552, will be 609 of Public Law 101–162 prohibits available for Web site viewing and imports of certain categories of shrimp printing in the Commission’s Public unless the President certifies to the Reference Room, 100 F Street, NE., Congress not later than May 1 of each Washington, DC 20549, on official year either: (1) That the harvesting business days between the hours of 10 nation has adopted a program governing a.m. and 3 p.m. Copies of such filing also will be available for inspection and the incidental capture of sea turtles in its commercial shrimp fishery copying at the principal office of the comparable to the program in effect in Exchange. All comments received will the United States and has an incidental be posted without change; the take rate comparable to that of the Commission does not edit personal United States; or (2) that the fishing identifying information from environment in the harvesting nation submissions. You should submit only does not pose a threat of the incidental information that you wish to make taking of sea turtles. The President has available publicly. All submissions delegated the authority to make this should refer to File Number SR– certification to the Department of State. NASDAQ–2010–039, and should be Revised State Department guidelines for submitted on or before April 21, 2010. making the required certifications were For the Commission, by the Division of published in the Federal Register on Trading and Markets, pursuant to delegated July 2, 1999 (Vol. 64, No. 130, Public authority.9 Notice 3086). Florence E. Harmon, The Department of State has Deputy Secretary. communicated this decision under [FR Doc. 2010–7107 Filed 3–30–10; 8:45 am] Section 609 to the Office of Field BILLING CODE 8011–01–P Operations of U.S. Customs and Border Protection. This decision regarding withdrawal of Mexico’s certification means that wildDEPARTMENT OF STATE harvest shrimp from Mexico’s [Public Notice 6938] commercial trawl fisheries may not be imported into the United States until Certifications Pursuant to Section 609 Section 609 certification for Mexico can of Public Law 101–162 be reinstated. A Department of State DS–2031 form signed by the exporter SUMMARY: On March 24, 2010, the and importer must accompany all Department of State notified Congress shrimp imports into the United States. that it had withdrawn Mexico’s certification under United States Public If shrimp products are from a noncertified country, a government official Law 101–162, Section 609, because of the harvesting nation must also 9 17 CFR 200.30–3(a)(12). certify the shrimp was caught without jlentini on DSKJ8SOYB1PROD with NOTICES Paper Comments VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 16225 harming sea turtles. Users should check boxes 7(A)(1) for aquaculture shrimp products or 7(A)(3) for artisanal shrimp products. Users should note that exception 7.A.(2) on the form ‘‘Harvested Using TEDs,’’ while a currently valid exception to the prohibition on imports from nations not certified under Public Law 101–162, is only available once the Department of State determines in advance that a country wishing to use this exception has in place an enforcement and catch segregation system for making such individual shipment certifications. Presently, only Brazil and Australia have shown that they have a system in place for specific fisheries. Exception 7(A)(4) is for other case-by-case, special circumstance determinations made by the Department of State in advance. For these reasons exceptions 7(A)(2) and 7(A)(4) are not applicable to imports of wild-caught shrimp from Mexico. Dated: March 24, 2010. David A. Balton, Deputy Assistant Secretary for Oceans and Fisheries, Department of State. [FR Doc. 2010–7221 Filed 3–30–10; 8:45 am] BILLING CODE 4710–09–P DEPARTMENT OF STATE [Public Notice 6463] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law (CIDIP) Study Group The OAS CIDIP Study Group will hold another public meeting to continue the discussion that began at the December 15, 2009 and continued at two additional meeting. This is not a meeting of the full Advisory Committee. In the context of the Seventh InterAmerican Specialized Conference on Private International Law (CIDIP–VII), the Committee on Juridical and Political Affairs (CJAP) of the Permanent Council of the OAS is carrying out work on consumer rights as part of its program on private international law. Three proposals have been put forward: A revised Brazilian draft convention on applicable law that has recently been expanded to include jurisdiction, a Canadian draft model law on applicable law and jurisdiction, and a United States proposal (with several components) for legislative guidelines/ model laws/rules to promote consumer redress mechanisms such as small claims tribunals, collective procedures, on-line dispute resolution, and E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16224-16225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7107]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61770; File No. SR-NASDAQ-2010-039]


Self-Regulatory Organizations; the NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Delay the Application of NASDAQ Rule 4611(d)

March 24, 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 17, 2010, The NASDAQ Stock Market LLC (the ``Exchange'' or 
``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 the Exchange. The 
Exchange 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).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing this proposed rule change to delay the 
application of NASDAQ Rule 4611(d) until 180 days following its 
approval. 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
    On January 13, 2010, the Commission approved SR-NASDAQ-2008-104 
which established new standards for sponsored access as set forth in 
NASDAQ Rule 4611(d), NASDAQ's Market Access Rule.\4\ Based upon 
conversations with industry participants, NASDAQ believes that market 
participants need additional time to implement the Market Access Rule. 
Accordingly, NASDAQ is proposing to delay for 180 days from approval 
the implementation of new NASDAQ Rule 4611(d) as set forth in the 
NASDAQ Market Access Approval Order.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 61345 (Jan. 13, 2010) 
(``NASDAQ Market Access Approval Order'').
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\5\ in general and with Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote 
just and equitable principles of trade and to protect investors and the 
public interest. The proposal is consistent with these obligations 
because market participants require additional time to comply with the 
new market access provisions.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 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, as amended.

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

    Written comments were neither solicited nor received.

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

    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 \7\ and Rule 19b-
4(f)(6) thereunder.\8\ At any time within 60 days of the filing of such 
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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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.
---------------------------------------------------------------------------

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-2010-039 on the subject line.

[[Page 16225]]

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-2010-039. 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, 100 F 
Street, NE., Washington, DC 20549, on official business days between 
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
NASDAQ-2010-039, and should be submitted on or before April 21, 2010.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7107 Filed 3-30-10; 8:45 am]
BILLING CODE 8011-01-P
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